Second Option Termination Sample Clauses
Second Option Termination. The satisfaction of the Second Option Exercise Conditions is within the sole and unfettered discretion of Athena and is not a contractual obligation. The Second Option shall, subject to Article 9, be of no further force or effect, and shall automatically terminate if:
(a) Athena provides written notice to Nubian of its election not to advance with the Transaction at any time during the Second Option Period; or
(b) Athena, subject to Section 4.04, decides not to satisfy, or does not satisfy, the Second Option Exercise Conditions within the time periods set out in Section 4.02.
Second Option Termination. The Second Option will be of no further force or effect and will automatically terminate if:
(a) subject to ▇▇▇▇▇▇ first being given the opportunity to remedy pursuant to Section 5.2, the Second Option Notice is not delivered to each member of the CSG Group at the time specified in Section 5.2(a);
(b) ▇▇▇▇▇▇ has not satisfied one or more of the Second Option Conditions as required by the Second Option Deadline; or
(c) subject to ▇▇▇▇▇▇ first being given the opportunity to remedy pursuant to Section 5.3, ▇▇▇▇▇▇ fails to deliver the Second Option Exercise Notice by the Second Option Deadline; or
(d) ▇▇▇▇▇▇ delivers the Second Option Termination Notice to each member of the CSG Group.
Second Option Termination. The Funding of the Second Option Expenditures is within the sole and unfettered discretion of Nevada Lithium and is not a committed amount. The Second Option will, subject to Section 16, be of no further force or effect, and will automatically terminate if:
(a) Nevada Lithium provides written notice to Iconic not to advance with the Transaction at any time during Phase II (a “Phase II Termination Notice”); or
(b) Nevada Lithium, subject to Section 5.4, decides not to Fund, or does not Fund, the Second Option Expenditures within the time period set out in Section 5.2.
