Election to Continue. In the event of the Retirement of any Manager, the remaining Managers, if any, and any successor Manager, and those Members representing not less than 51% in interest of all Members, may elect to continue the business of the Company employing its assets and name, all as contemplated by the Act. Within ten (10) days after the occurrence of such Retirement, the remaining Managers, if any, shall notify the Members thereof.
Election to Continue. In the event of a breach or other event triggering either Party’s right to terminate for cause and the lapse of any applicable cure period, the non-breaching Party may agree to continue the Agreement rather than terminating it. To do so, that Party shall send a notice to the breaching Party specifying the conditions under which the non-breaching Party will agree to continue the Agreement. By agreeing to continue the Agreement in this manner, the non-breaching Party does not waive its right to later terminate the Agreement based on the event that is the subject of the notice.
Election to Continue. In the event of a default and the lapse of any applicable cure period, the non-defaulting party may agree to continue the Agreement rather than terminating it. To do so, that party shall send a notice to the defaulting party specifying the conditions under which the non-defaulting party will agree to continue the Agreement. By agreeing to continue the Agreement in this manner, the non-defaulting party does not waive its right to later terminate the Agreement for default based on the event of default that is the subject of the notice.
Election to Continue. Upon the occurrence of an event causing dissolution of the Partnership pursuant to Section 12.1(a), 12.1(b) or 12.1(c), the General Partner (or former General Partner), shall promptly give notice of dissolution to the Limited Partners, and shall call for a vote of the Limited Partners to continue the business of the Partnership or to wind up the Partnership pursuant to Section 13.3 below. If the Limited Partners (or the Limited Partners with respect to Section 10.1(a)) do not, within sixty (60) days after any such dissolution, unanimously elect to continue the business of the Partnership, the Partnership shall be wound up pursuant to Section 12.3 of this Agreement. If the Limited Partners elect to continue the business of the Partnership, and there is then no General Partner, a substitute General Partner shall be elected on the written Approval of the Limited Partners, but if no substitute General Partner shall be elected and commence to serve as such within thirty (30) days after the effective date of the election to continue, the Partnership shall be wound up under Section 12.3, notwithstanding the election to continue.
Election to Continue. In accordance with subsection 11.1.3, the remaining Members may only consent to the continuation of the Company by Majority Vote at a meeting held or by Majority Vote indicated in a written consent given within 180 days after the Terminating Event. In the event of such continuation, the Interest of the Member who has suffered a Terminating Event (the "Terminated Member") must be addressed in one of the following manners:
Election to Continue. Notwithstanding Section 8.1, upon the occurrence of any event of dissolution in Section 8.1(d), if all remaining Members consent within 90 days of the event causing the dissolution to continue the business of the Company in accordance with the terms of this Operating Agreement, the Company shall redeem the Membership Interest of the Member as to which the event of the dissolution occurred, as of the date of such event of dissolution, for an amount equal to the capital account of such Member as of such date, and the Company shall not dissolve but shall continue; provided, however, that if the Membership Interest is subject to a buy-out agreement with the Company (or affiliate of the Company) that was entered into in connection with the purchase of the Membership Interest in the Company, then the Company will permit the redemption by such buy-out agreement rather than by foregoing provision of the this section 8.2.
Election to Continue. Notwithstanding the foregoing (i) thru (iv), the Partnership shall not be dissolved upon the occurrence of bankruptcy, dissolution, withdrawal or removal of a Partner if, within ninety (90) days after such bankruptcy, dissolution, withdrawal or removal, the remaining Partners holding forty-five per cent (45%) of the remaining Partnership Interests agree to continue the business of the Partnership and to the appointment of one or more additional Partners, effective as of the date of such bankruptcy, dissolution, withdrawal, or removal.
Election to Continue. Upon the occurrence of any event provided in Section 10.01(iii) of this Agreement (a “Governing Occurrence”), the Company shall be dissolved unless (i) a new Manager is substituted within ninety (90) days of the Governing Occurrence, and such new Manager elects to continue the business of the Company in accordance with the terms of this Agreement, or (ii) a Required Majority of the Investing Members elects to continue the business of the Company in accordance with the terms of this Agreement upon the selection, effective as of the date of the Governing Occurrence, by a Required Majority of the Investing Members, of a new Manager within ninety (90) days of the Governing Occurrence, or (c) the Company then maintains any public sector investment possessing a maturity date past the Company’s termination date set forth in Section 1.04 of this Agreement, in which case a Required Majority of the Investing Members shall elect a new Manager. In the event of a Manager's death, legal incompetence, resignation, withdrawal, liquidation, dissolution, or bankruptcy and the Company is continued pursuant to this Section 10.02, the Manager's Membership Interest shall be purchased by the Company for the purchase price set forth in, and otherwise in accordance with, Section 6.06(2) hereof.
Election to Continue. (a) If the Sublease terminates during the term of the sublease (i) because Software Atelier has exercised an option to terminate the'Sublease, (ii) by operation of law, (iii) by mutual agreement between the parties to the Sublease, or (iv) for any other reason except as provided in paragraph 2 above, then Empower Health may elect to continue the Sub-sublease in full force and effect notwithstanding such termination of the Sublease, as provided in this paragraph 4(a)
(b) If the Sublease terminates pursuant to paragraph 4(a) above, an such election by Empower Helath, the Sub-sublease shall continue as a direct sublease between it and ASF without the necessity of executing a new sublease,on the same. terms and conditions as are in effect under the Sub- sublease immediately preceding the termination of the Sublease.
(c) if software Atelier has elected to' terminate the Subsublease as a result of fire or other casualty or a condemnation in accordance with the terms of the Sub-sublease, and Software Atelier has concurrently exercised a right of termination under the Sublease for the same reason, ASF shall so notify Empower Health, and Empower Health may, within twenty (20) days after receipt of such notice from ASF, give ASF notice of the exercise of Empower Health of any right or option granted to Empower Health under the Sub-sublease in which event Software Atelier's notice of termination of the Sub-sublease shall be void, and the provision `of subparagraph 4 (b) above shall apply.
Election to Continue. Notwithstanding the occurrence of a Dissolution Event in Section 12.1 by reason of the withdrawal or removal of the General Partner, the Fund shall not be dissolved and its business and affairs shall not be wound up, and the Fund shall remain in existence, if a Supermajority of Limited Partners elect, within ninety (90) days following receipt of written notice the Removal Event or a withdrawal of the General Partner, to continue the Fund and the Fund business. If such election to continue the Fund and its business is made by a Supermajority of Limited Partners, a Supermajority of Limited Partners shall also choose a new general partner or general partners.
