New Marketing Agreement. Contemporaneously with the execution of this Agreement, each Party agrees to execute, and deliver its respective counterparts of, the New Marketing Agreement attached hereto as Exhibit B (the “New Marketing Agreement”), which, among other provisions, extends the primary term for Calpine’s provision of marketing services for Rosetta until the earlier of: (i) June 30, 2009; or (ii) the date Calpine receives written notice from Rosetta of immediate expiration of the New Marketing Agreement on account of the first to occur of the following: (a) the entry by a court of competent jurisdiction of a final, nonappealable order avoiding the Sale Transaction as a fraudulent or similar transfer; or (b) the Bankruptcy Court’s authorizing Calpine to reject the PSA in whole or in part, unless Rosetta obtains a stay of the effect of such rejection order from a court of competent jurisdiction, in which case, upon the entry of a final nonappealable order authorizing Calpine to reject the PSA in whole or in part (and, in either case,Calpine exercising its authority pursuant to any such rejection order).
New Marketing Agreement. The Company and Seiren Shareholder shall have entered into a new marketing agreement as of the Closing Date covering North American bodycloth sales, in the form of Exhibit A hereto (the "New Marketing Agreement").
New Marketing Agreement. 6.1 Following Completion, each of the Seller, the Purchaser and NRIPL shall use their respective best endeavours to ensure that CAP enters into a novation agreement on the terms substantially set out in Schedule 7 (Form of Novation Agreement) in respect of the New Marketing Agreement such that, with effect from the date such novation agreement is entered into, the Purchaser (or its nominee, as applicable) shall perform the New Marketing Agreement and be bound by it as if the Purchaser (or its nominee, as applicable) were a party to the New Marketing Agreement in lieu of NRIPL as from the date of its novation.
