Right of Termination. (1) In the event that:
Right of Termination. This XXX may be terminated upon:
Right of Termination. This Agreement and the transactions contemplated hereby may be terminated:
Right of Termination. 15. This Plan of Merger may be terminated pursuant to the terms and conditions of the Agreement at any time prior to the Effective Time.
Right of Termination. 11.1 The Company and the CONSULTANT shall each have the right to terminate this Agreement at any time in its sole discretion by giving not less than ninety (90) days written notice. Upon termination of this Agreement the CONSULTANT shall continue to work with the Company to fulfill the obligations of this Agreement during the notice period and this period will be paid for per terms of this Agreement. .
Right of Termination. Lessee shall have the right, at its option at any time or from time to time during the Basic Term on or after the seventh anniversary of the Basic Term Commencement Date to terminate the Lease with respect to any or all of the Units (provided that, Lessee shall exercise such termination hereunder and under the comparable provisions contained in the Other Leases (i) with respect to at least 100 railcars and, (ii) the determination as to which Units are subject to termination shall otherwise be made by Lessee on a random basis without discrimination based on maintenance status, operating condition of the Units in question or otherwise) (such Units, the "Terminated Units") if (x) Lessee determines in good faith (as evidenced by a certified copy of a resolution adopted by the General Partner's Board of Directors and a certificate executed by the Chief Financial Officer of the General Partner and the Chief Financial Officer of the Manager) that such Units have become obsolete or surplus to Lessee's requirements, (y) Lessor has received (i) an Officer's Certificate from Lessee and the Manager to the effect that there has been no discrimination in the selection of the Terminated Units when measured against the other Units, and that, following the termination of this Lease with respect to the Terminated Units, the Units remaining subject to this Lease will constitute a pool of Units which is of a sufficient quantity and quality to sustain over the remaining Basic Term the Coverage Ratios applicable at the time of such termination and (ii) a Rating Agency Confirmation and (z) Lessee delivers at least 120 days' prior notice to Lessor and the Indenture Trustee specifying a proposed date of termination for such Units (the "Termination Date"), which date shall be a Rent Payment Date, any such termination to be effective on the Termination Date upon Lessee's compliance with this Section 10. Notwithstanding anything herein contained to the contrary, there shall be no determination that a Unit is surplus or obsolete for purposes of this Lease if, on the Termination Date, such Unit is subject to a Sublease. Except as expressly provided otherwise herein, there will be no conditions to Lessee's right to terminate this Lease with respect to the Terminated Units pursuant to this Section 10.1. So long as (a) Lessor shall not have given Lessee a notice of election to retain the Terminated Units in accordance with Section 10.3 or (b) notice of prepayment of the Equipment Notes sh...
Right of Termination. The Agents shall be entitled, at the sole option thereof, to terminate and cancel, without any liability on the part of the Agents, all of the obligations thereof under this Agreement and the obligations of any Person who has executed a Subscription Agreement, by notice in writing to that effect delivered to the Corporation prior to or at the Closing Time if:
Right of Termination. 31 6.2 If Settlement Agreement is Terminated 33 6.3 Allocation of Settlement Amount Following Termination 34 6.4 Survival of Provisions After Termination. 34 SECTION 7 – RELEASES AND DISMISSALS 35 7.1 Release of Releasees 35 7.2 Covenant Not to Xxx 35 7.3 No Further Claims. 36 7.4 Dismissal of the Proceedings 36 7.5 Dismissal of Other Actions 36 7.6 Material Term 37 SECTION 8 – BAR ORDER, WAIVER OF SOLIDARITY AND RESERVATION OF OTHER CLAIMS 37 8.1 Ontario and British Columbia Bar Order 37 8.2 Quebec Waiver or Renunciation of Solidarity Order 41 8.3 Claims Against Other Entities Reserved 41 8.4 Material Term 42 SECTION 9 – EFFECT OF SETTLEMENT 42 9.1 No Admission of Liability 42 9.2 Agreement Not Evidence 42 9.3 No Further Litigation 42 SECTION 10 – CERTIFICATION OR AUTHORIZATION FOR SETTLEMENT PURPOSES ONLY 43 SECTION 11 – NOTICE TO SETTLEMENT CLASSES 44 11.1 Notices Required 44 11.2 Form and Distribution of Notices 44 SECTION 12 – ADMINISTRATION AND IMPLEMENTATION 44 12.1 Mechanics of Administration 44 12.2 Information and Assistance 45 SECTION 13 – DISTRIBUTION OF THE SETTLEMENT AMOUNT AND ACCRUED INTEREST 46 13.1 Distribution Protocol 46 13.2 No Responsibility for Administration or Fees 47 SECTION 14 – CLASS COUNSEL FEES, DISBURSEMENTS AND ADMINISTRATION EXPENSES 47 14.1 Responsibility for Fees, Disbursements and Taxes 47 14.2 Responsibility for Costs of Notices and Translation 48 14.3 Court Approval for Class Counsel Fees and Disbursements 48 SECTION 15 – MISCELLANEOUS 48 15.1 Motions for Directions 48 15.2 Headings, etc 48 15.3 Computation of Time 49 15.4 Ongoing Jurisdiction 49 15.5 Governing Law 50 15.6 Entire Agreement 50 15.7 Amendments 50 15.8 Binding Effect 50 15.9 Counterparts 51 15.10 Negotiated Agreement 51 15.11 Language 51 15.12 Transaction 51 15.13 Recitals 51 15.14 Schedules 52 15.15 Acknowledgements 52 15.16 Authorized Signatures 52 15.17 Notice 52 15.18 Date of Execution 53 RECITALS CANADIAN AUTO PARTS CLASS ACTIONS NATIONAL SETTLEMENT AGREEMENT
Right of Termination. (1) The Plaintiffs and the Settling Defendants shall, in their respective discretions, have the right to terminate the settlement set forth in this Settlement Agreement by providing written notice of their election to do so (“Termination Notice”) to all other Parties hereto within thirty
