Common use of EFFECTIVENESS; TERMINATION Clause in Contracts

EFFECTIVENESS; TERMINATION. This Agreement shall become effective on the date hereof and shall terminate (except with respect to Section 1.5 and Section 4) upon the earlier of (x) the Effective Time and (y) the termination of the Merger Agreement pursuant to Article VIII thereof; provided that any liability for failure to comply with the terms of this Agreement shall survive such termination.

EFFECTIVENESS; TERMINATION. This Agreement shall become effective on the date hereof and shall terminate (except with respect to Section 1.5 1.6, Section 1.7 and Section 43) upon the earlier of (x) the Effective Time and (y) the termination of the Merger Agreement pursuant to Article VIII thereof; provided provided, that any liability for failure to comply with the terms of this Agreement shall survive such termination.

EFFECTIVENESS; TERMINATION. This Agreement shall become effective on the date hereof and shall terminate (except with respect to Section 1.5 and Section 4) upon the earlier of (xa) the Acquisition Effective Time (provided, however, that upon such termination, Section 4.5, Article V, Article VI and Article VII shall survive in accordance with its terms, and this Article VIII shall survive indefinitely) and (yb) the termination of the Merger Business Combination Agreement pursuant to Article VIII thereof; provided that in accordance with its terms, and upon such termination, no party shall have any liability hereunder other than for failure to comply with the terms its willful and material breach of this Agreement shall survive prior to such termination.

EFFECTIVENESS; TERMINATION. This Agreement shall become effective on the date hereof and shall terminate (except with respect to Section 1.5 1.6 and Section 43) upon the earlier of (x) the Effective Time and (y) the termination of the Merger Agreement pursuant to Article VIII thereof; provided that any liability for failure to comply with the terms of this Agreement shall survive such termination.

EFFECTIVENESS; TERMINATION. This Agreement shall become effective on the date hereof and shall terminate (except with respect to this Section 1.5 and Section 43) upon the earlier of (xi) the Effective Time of the Merger and (yii) the termination of the Merger Agreement pursuant to Article VIII thereofin accordance with its terms; provided provided, that any liability pursuant to Section 1.5 or for failure to comply with the terms of this Agreement shall survive such terminationtermination and upon termination of the Merger Agreement in accordance with its terms Lead Rich and MSPEA shall immediately provide the Termination Notice to the Escrow Agent as contemplated by Section 1.4 of this Agreement.

EFFECTIVENESS; TERMINATION. This Agreement shall become effective on the date hereof and shall terminate (except with respect to Section 1.5 and Section 4) upon the earlier of (xa) the Acquisition Effective Time (provided, however, that upon such termination, Section 3.5 and Article IV shall survive in accordance with its terms, and this Article V shall survive indefinitely) and (yb) the termination of the Merger Business Combination Agreement pursuant to Article VIII thereof; provided that in accordance with its terms, and upon such termination, no party shall have any liability hereunder other than for failure to comply with the terms its willful and material breach of this Agreement shall survive prior to such termination.

EFFECTIVENESS; TERMINATION. This Agreement shall become effective on the date hereof and shall terminate (except with respect to Sections 1.6, 1.9, 1.11, 1.12, this Section 1.5 5 and Section 4Exhibit A) upon the earlier of (x) the Effective Time and (y) the termination of the Merger Agreement pursuant to Article VIII thereof; provided provided, that any liability for failure to comply with the terms of this Agreement shall survive such termination; provided, further, that any agreement or covenant that reference a later time or by their nature will be performed following such termination shall survive such termination until fully performed.

EFFECTIVENESS; TERMINATION. This Agreement shall become effective on the date hereof and shall terminate (except with respect to Section 1.5 Sections 3,4, 5 and Section 47) upon the earlier of (xi) the Effective Time of the Merger and (yii) the termination of the Merger Agreement pursuant to Article VIII thereofin accordance with its terms; provided provided, that any liability for failure to comply with the terms of this Agreement shall survive such termination.

EFFECTIVENESS; TERMINATION. This Agreement shall become effective on the date hereof and shall terminate (except with respect to Section 1.5 Clauses 3,4, 5 and Section 46) upon the earlier of (xi) the Effective Time of the Merger and (yii) the termination of the Merger Agreement pursuant to Article VIII thereofin accordance with its terms; provided provided, that any liability for failure to comply with the terms of this Agreement shall survive such termination.

EFFECTIVENESS; TERMINATION. This Agreement shall become effective on the date hereof and shall terminate (except with respect to this Section 1.5 and Section 43) upon the earlier of (x) the Effective Time and (y) the termination of the Merger Agreement pursuant to Article VIII thereof; provided provided, that any liability for failure to comply with the terms of this Agreement shall survive such termination.

EFFECTIVENESS; TERMINATION. This Agreement shall become effective on have effect from the date hereof first written above and shall terminate (except with respect to Section 1.5 and Section 4) upon the earlier earliest of (xi) the Effective Time Closing (provided, however, that upon such termination, each of Sections 3.4, 3.5 and 4 shall survive in accordance with its terms, and this Section 6 shall survive indefinitely) and (yii) the termination of the Merger Agreement pursuant to Article VIII thereof; provided that in accordance with its terms, and upon such termination, no party shall have any liability hereunder other than for failure to comply with the terms its willful and material breach of this Agreement shall survive prior to such termination.

EFFECTIVENESS; TERMINATION. This Agreement shall become effective on the date hereof and shall terminate (except with respect to Section 1.5 1.6, Section 1.9, Section 1.11, and Section 4this Article III, which, for the avoidance of doubt, shall survive any termination of this Agreement and shall continue in accordance with their terms) upon the earlier of (x) the Effective Time and (y) the termination of the Merger Agreement pursuant to Article VIII IX thereof; provided provided, that any liability for failure to comply with the terms of this Agreement shall survive such termination.

EFFECTIVENESS; TERMINATION. This Agreement shall become effective on the date hereof and shall terminate (except with respect to Section 1.5 1.8 and Section 43) upon the earlier of (x) the Effective Time and (y) the termination of the Merger Agreement pursuant to Article VIII thereof; provided provided, that any liability for failure to comply with the terms of this Agreement shall survive such termination.

EFFECTIVENESS; TERMINATION. This Except for Section 7.19, this Agreement shall become effective upon the Effective Time (as defined in the Merger Agreement). Section 7.19 of this Agreement shall become effective on the date hereof and hereof. This Agreement shall terminate (except with respect to Section 1.5 and Section 4) upon the earlier of (x) the Effective Time and (y) the termination of the Merger Agreement pursuant to Article VIII thereof; provided that any liability for failure to comply in accordance with the terms of this Agreement shall survive such terminationits terms.

EFFECTIVENESS; TERMINATION. This Agreement shall become effective on the date hereof and shall terminate (except with respect to this Section 1.5 and Section 43) upon the earlier of (x) the Effective Time and (y) the termination of the Merger Agreement pursuant to Article VIII thereof; provided , that any liability for failure to comply with the terms of this Agreement shall survive such termination.

EFFECTIVENESS; TERMINATION. (a) This Agreement shall become effective on -------------------------- at the date hereof Closing Date upon execution and shall terminate (except with respect to Section 1.5 and Section 4) upon delivery hereof. At the earlier of (x) the Effective Time and (y) the termination end of the Merger Agreement pursuant to Article VIII thereof; provided that any liability for failure to comply with the terms of Term this Agreement shall survive such terminationwill terminate, unless terminated earlier in accordance with Sections 6.11(c).