MARKET OUT TERMINATION. This Agreement may be terminated by the Underwriter by notice to the Company at any time if, in the sole judgment of the Underwriter, payment for and delivery of the Units is rendered impracticable or inadvisable because of:
(a) Material adverse changes in the Company’s business, business prospects, management, earnings, properties or conditions, financial or otherwise;
(b) Any action, suit, or proceedings, at law or in equity, hereafter threatened or filed against the Company by any person or entity, or by any federal, state or other commission, board or agency wherein any unfavorable result or decision could materially adversely affect the business, business prospects, properties, financial condition or income or earnings of the Company;
(c) Additional material governmental restrictions not in force and effect on the date hereof shall have been imposed upon the trading in securities generally, or new offering or trading restrictions shall have been generally established by a registered securities exchange, the SEC, the National Association of Securities Dealers, Inc. or other applicable regulatory authority, or trading in securities generally on any such exchange, the Nasdaq Stock Market, or otherwise, shall have been suspended, or a general moratorium shall have been established by federal or state authorities;
(d) Substantial and material changes in the condition of the market beyond normal fluctuations such that it would be undesirable, impracticable or inadvisable in the judgment of the Underwriter to proceed with this Agreement or with the public offering of the Units;
(e) Any outbreak or escalation of major hostilities in which the United States is involved, any declaration of war by Congress or any other substantial national or international calamity or emergency if, in the judgment of the Underwriter, the effect of any such outbreak, escalation, declaration, calamity or emergency makes it impractical or inadvisable to proceed with completion of the sale of and payment for the Units; or
(f) Any suspension of trading in the securities of the Company or the interruption or termination of listing of any security of the Company on any exchange or over-the-counter markets.
MARKET OUT TERMINATION. This Agreement may be terminated by the members of the Underwriting Group by notice to the Company at any time if, in the judgment of the Representative, payment for and delivery of the Securities is rendered impracticable or inadvisable because (i) additional material governmental restrictions not in force and effect on the date hereof shall have been imposed upon the trading in securities generally, or minimum or maximum prices shall have been generally established on the New York or American Stock Exchange, or trading in securities generally on either such Exchange shall have been suspended, or a general moratorium shall have been established by federal or state authorities, or (ii) a war or other national calamity or emergency shall have occurred, or (iii) of any suspension of trading of the Common Stock of the Company in the over the counter market, or (iv) the occurrence of a material adverse event affecting the Company which materially impairs the investment quality of the Securities, or (v) substantial and material adverse changes in the condition of the securities markets beyond normal fluctuations have occurred.
MARKET OUT TERMINATION. This Agreement may be terminated by ---------------------- the Agent by notice to ATLANTIC at any time if, in the reasonable judgment of the Agent, payment for and delivery of the Unsubscribed Shares is rendered impracticable or inadvisable because (a) additional material governmental restrictions not in force and effect on the date hereof shall have been imposed upon trading in securities generally, or minimum or maximum prices shall have been generally established on the New York Stock Exchange, or trading in securities generally on such Exchange shall have been suspended, or a general moratorium shall have been established by federal or state authorities or (b) a war involving the United States or other national calamity shall have occurred or (c) substantial and material changes in the condition of the market (either generally or with reference to the sale of the Shares subject to the Rights Offering) beyond normal fluctuations are such that it would be undesirable, impracticable or inadvisable to proceed with this Agreement or with the Rights Offering or (d) of any matter materially adversely affecting ATLANTIC.
MARKET OUT TERMINATION. This Agreement may be terminated by the Representative by notice to the Company at any time if payment for and delivery of the Stock and Warrants is rendered impracticable or inadvisable because (i) trading in securities generally on the New York Stock Exchange, American Stock Exchange, or NASDAQ (including NASDAQ SmallCap) shall have been suspended or materially limited, (ii) a general moratorium on commercial banking activities in New York or Florida shall have been declared by either federal or state authorities, or (iii) there has occurred a material adverse change in the financial markets in the United States or elsewhere including, but not limited to: a war, new outbreak of hostilities or escalation thereof, or any other national calamity shall have occurred, or any development involving a crisis or change in political, financial, or economic conditions, the effect of which on the financial markets of the United States or overseas is such as it would be impracticable or inadvisable for the Representative to proceed or continue with this Agreement or with the public offering. Notice of such termination may be given to the Company by telegram, telecopy or telephone and shall subsequently be confirmed by letter.
MARKET OUT TERMINATION. This Agreement may be terminated by the Underwriter by notice to the Company at any time if, in the judgment of the Underwriter, payment for and delivery of the Shares is rendered impracticable or inadvisable because (i) trading in securities generally on the New York Shares Exchange, American Shares Exchange, or NASDAQ shall have been suspended or materially limited, (ii) a general moratorium on commercial banking activities in New York or Colorado shall have been declared by either federal or state authorities, or (iii) there shall have occurred a war or other national calamity, or a crisis or change in political, financial, or economic conditions, the effect of which on the financial markets of the United States is such as it would be undesirable, impracticable or inadvisable in the judgment of the Underwriter to proceed or continue with this Agreement or with the public offering. Notice of such termination may be given to the Company by telegram, telecopy or telephone and shall subsequently be confirmed by letter.
MARKET OUT TERMINATION. This Agreement may be terminated by the Representative by notice to the Company at any time if, in the judgment of the Representative, payment for and delivery of the Units is rendered impracticable or inadvisable because (i) additional material governmental restrictions not in force and effect on the date hereof shall have been imposed upon the trading in securities generally, or minimum or maximum prices shall have been generally established on the over-the-counter market or trading in securities generally in such market shall have been suspended, or a general moratorium shall have been established by federal or state authorities, or (ii) a war or other national calamity shall have occurred, or (iii) a material, adverse event affecting the Company that materially impairs the investment quality of the Units shall have occurred.
MARKET OUT TERMINATION. This Agreement may be terminated by the members of the Underwriting Group by notice to the Company at any time if, in the judgment of the Representative, payment for and delivery of the Shares is rendered impracticable or inadvisable because (i) additional material governmental restrictions not in force and effect on the date hereof shall have been imposed upon the trading in securities generally, or minimum or maximum prices shall have been generally established on the New York or American Stock Exchange, or trading in securities generally on either such Exchange shall have been suspended, or a general moratorium shall have been established by federal or state authorities, or (ii) a war or other national calamity or emergency shall have occurred, or (iii) of any suspension of trading of the Common Stock of the Company in the over-the-counter market, or (iv) substantial and material adverse changes in the condition of the securities markets beyond normal fluctuations have occurred which in the Underwriter's sole judgment would not justify the Public Offering on the terms provided in this Agreement.
MARKET OUT TERMINATION. This Agreement may be terminated by the Underwriter by notice to the Company at any time if, in the judgment of the Underwriter, payment for and delivery of the Stock is rendered impracticable or inadvisable because (i) additional material governmental restrictions not in force and effect on the date hereof shall have been imposed upon the trading in securities generally, or minimum or maximum prices shall have been generally established on the New York Stock Exchange or trading in securities generally on such Exchange shall have been suspended, or a general moratorium shall have been established by federal or state authorities; (ii) a war or other national calamity shall have occurred; (iii) substantial and material changes in the condition of the market (either generally or with reference to the sale of the Stock offered hereby) beyond normal fluctuations are such that it would be undesirable, impracticable or inadvisable in the judgment of the Underwriter to proceed with this Agreement or with the public offering; or (iv) of any matter materially adversely affecting the Company. The date of such termination notice shall be the termination date of this Agreement (the "Termination Date").
MARKET OUT TERMINATION. This Agreement may be terminated by the Representative by notice to the Company at any time if, in the judgment of the Representative, payment for and delivery of the Stock and Warrants is rendered impracticable or inadvisable because (i) trading in securities generally on the New York Stock Exchange, American Stock Exchange, or NASDAQ (including NASDAQ SmallCap) shall have been suspended or materially limited, (ii) a general moratorium on commercial banking activities in New York or Florida shall have been declared by either federal or state authorities, or (iii) there has occurred a material adverse change in the financial markets in the United States or elsewhere including, but not limited to: a war, outbreak of hostilities or escalation thereof, or any other national calamity shall have occurred, or any development involving a crisis or change in political, financial, or economic conditions, the effect of which on the financial markets of the United States or overseas is such as it would be undesirable, impracticable or inadvisable in the judgment of the Representative to proceed or continue with this Agreement or with the public offering. Notice of such termination may be given to the Company by telegram, telecopy or telephone and shall subsequently be confirmed by letter.
MARKET OUT TERMINATION. This Agreement may be terminated by the ---------------------- members of the Underwriting Group by notice to the Company at any time if, in the judgment of the Representative, payment for and delivery of the Shares is rendered impracticable or inadvisable because (i) additional material governmental restrictions not in force and effect on the date hereof shall have been imposed upon the trading in securities generally, or minimum or maximum prices shall have been generally established on the New York or American Stock Exchange, or trading in securities generally on either such Exchange shall have been suspended, or a general moratorium shall have been established by federal or state authorities, or (ii) a war or other national calamity or emergency shall have occurred, or (iii) of any suspension of trading of the Common Stock of the Company in the over-the-counter market, or (iv) substantial and material adverse changes in the condition of the securities markets beyond normal fluctuations have occurred.
