Exclusivity of Termination Rights. Except to the extent termination occurs due to the bad faith of the other party, the termination rights and obligations provided in this Section 10 shall be deemed to be exclusive. Subject to the provisions of Section 10.3, the parties shall not have any other or further Liabilities to or with respect to one another by reason of this Agreement or its termination.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Xoom Inc), Agreement and Plan of Merger (Xoom Inc), Agreement and Plan of Merger (Odwalla Inc)
Exclusivity of Termination Rights. Except to the extent termination occurs due to the bad faith of the other party, the termination rights and obligations provided in this Section 10 8 shall be deemed to be exclusive. Subject to the provisions of Section 10.38.3, the parties shall not have any other or further Liabilities to or with respect to one another by reason of this Agreement or its termination.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Catterton Simon Partners Iii Lp), Stock Purchase Agreement (Odwalla Inc), Stock Purchase Agreement (Wasserstein Perella Group Inc)
Exclusivity of Termination Rights. Except to the extent termination occurs due to the bad faith of the other party, the termination rights and obligations provided in this Section 10 8 shall be deemed to be exclusive. Subject to the provisions of Section 10.3, the The parties shall not have any other or further Liabilities liabilities to or with respect to one another by reason of this Agreement or its termination.
Appears in 2 contracts
Samples: Preferred Stock Conversion Agreement (Catterton Simon Partners Iii Lp), Preferred Stock Conversion Agreement (Odwalla Inc)
Exclusivity of Termination Rights. Except to the extent termination occurs due to the bad faith of the other partyas provided in Section 13.10, the termination rights and obligations provided in this Section 10 11 shall be deemed to be exclusive. Subject to the provisions of Section 10.3, the The parties shall not have any other or further Liabilities to or with respect to one another by reason of this Agreement or its termination; provided, however, that nothing in this Section 11.4 shall relieve any party from liability for breach of this Agreement and pursuit of Damages on account thereof.
Appears in 1 contract
Exclusivity of Termination Rights. Except to the extent termination occurs due to the bad faith of the other another party, the termination rights and obligations provided in this Section 10 11 shall be deemed to be exclusive. Subject to the provisions of Section 10.311.3, the parties shall not have any other or further Liabilities to or with respect to one another by reason of this Agreement or its termination.
Appears in 1 contract
Exclusivity of Termination Rights. Except to the extent termination occurs due to the bad faith of the other party, the termination rights and obligations provided in this Section 10 shall be deemed to be exclusive. Subject to the provisions of Section 10.3, the parties shall not have any other or further Liabilities to or with respect to one another by reason of the termination of this Agreement or its terminationAgreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Omnis Technology Corp)
