Failure to Obtain Regulatory Approval. If Buyer (i) on any date notifies Seller that it has received an order of the MDPU regarding this Agreement that is not acceptable in form and substance to Buyer in its sole discretion or (ii) has not notified Seller that it has received the Regulatory Approval by [_______] [300 days from Effective Date], either Party may terminate this Agreement within thirty (30) days after such date by delivery of written notice to the other Party in accordance with Section 17. Upon such termination, neither Party shall have any further liability hereunder except for any obligations arising under Sections 6.3 and 12 which accrued prior to such termination.
Failure to Obtain Regulatory Approval. If Buyer notifies Seller that it has received an order from the Authority regarding this Agreement that is not acceptable either in form or substance to Buyer in its sole discretion, Buyer may terminate this Agreement within thirty (30) days after the date of the order. Buyer must provide notice of such termination to Seller in accordance with the provisions of Article 14. Upon such termination, neither Party shall have any further liability hereunder.
Failure to Obtain Regulatory Approval. Either Party may terminate this Agreement by giving to the other Party six months’ prior written notice if the Product has not received FDA regulatory approval by December 31st, 2015.
Failure to Obtain Regulatory Approval. In the event Xxxxxxxx does not receive regulatory approval to hold the position of President and CEO of the Bank, the Bank may offer him employment in another senior-level position with the Bank or another banking subsidiary of the Company, but is under no obligation to do so. If Xxxxxxxx accepts employment by the Bank in an alternate position, Xxxxxxxx and the Bank agree to negotiate in good faith regarding an equitable compensation and benefits package based on the position he holds.
Failure to Obtain Regulatory Approval. The Standby Purchaser hereby acknowledges and agrees that the Company may decline to issue shares of Common Stock to the Standby Purchaser hereunder if, in the opinion of the Company, the Standby Purchaser is required to obtain prior clearance or approval of such purchase from any state or federal bank regulatory authority and if such approval or clearance has not been obtained or if satisfactory evidence thereof has not been presented to the Company prior to the expiration of the Offering.
Failure to Obtain Regulatory Approval. If the EDC notifies Customer that it has received an order from the Authority regarding this Agreement that is not acceptable either in form or substance to the EDC in its sole discretion, the EDC may terminate this Agreement within thirty (30) days after the date of the order. The EDC must provide notice of such termination to Customer in accordance with the provisions of 14. Upon such termination, neither Party shall have any further liability hereunder. For Reference
Failure to Obtain Regulatory Approval. Either party may terminate this Agreement by giving to the other party twenty-four (24) months’ prior written notice if the Product has not received FDA or HPFBI regulatory approval by January 1, 2016.
Failure to Obtain Regulatory Approval. If Buyer (i) on any date notifies Seller that it has received an order of the MDPU regarding this Agreement that is not acceptable in form and substance to Buyer in its sole discretion or (ii) has not notified Seller that it has received the MDPU Order by February 7, 2011 or, (iii) has not notified Seller that it has received the Regulatory Approval by the date that is fifteen (15) months after the date on which the MDPU Order is issued, either Party may terminate this Agreement within thirty (30) days after such date by delivery of written notice to the other Party in accordance with Article 17. Upon such termination, neither Party shall have any further liability hereunder except for any obligations arising under Section 6.3 and Article 12 which accrued prior to such termination, and Buyer shall return to Seller its Posted Collateral.
Failure to Obtain Regulatory Approval. Either party may terminate this Agreement by giving to the other party twelve (12) months’ prior written notice if the Product has not received FDA regulatory approval by [***].
2) Except as expressly amended herein, all other terms and conditions of the Agreement shall remain in full force and effect, and enforceable in accordance with its terms. The terms and conditions of this Amendment are hereby incorporated into and made a part of the Agreement.
3) This Amendment may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. The parties may sign and deliver this Amendment by facsimile or sent by electronic mail in portable document format (PDF) and a reproduction of this Amendment made by facsimile or PDF will have the same effect as a signed and delivered original version.
Failure to Obtain Regulatory Approval. Either party may terminate this Agreement by giving to the other party [*] months prior written notice if the Product has not received Regulatory Approval from at least one of the FDA, Health Canada, the EMA, or the Regulatory Authority of any single country of the EU by [*].
