Seller’s Right to Terminate. In the event Buyer fails to provide Seller with the Required Information within the timeframe set forth above, Seller shall notify Buyer of the default and give Buyer three (3) days from the date of the delivery of the notice to cure the same. If Buyer does not timely cure the default, Seller may terminate this Agreement within seven (7) days thereafter due to Buyer’s default upon notice to Buyer. In the event Seller does not terminate this Agreement within that timeframe, the right to terminate on this basis shall be waived.
Seller’s Right to Terminate. Seller may terminate this CMA, by providing written Notice to Buyer:
(a) if Buyer fails to pay any undisputed amount when due under this CMA if such failure to pay is not cured by Buyer within thirty (30) days after Buyer’s receipt of written Notice of such failure to pay (“Payment Failure”);
(b) if Buyer is in material breach of any representation, warranty or covenant of Buyer under this CMA (other than committing a Payment Failure), and either the breach cannot be cured or, if the breach can be cured, it is not cured by Buyer within thirty (30) days after Buyer’s receipt of written Notice of such breach;
(c) if Buyer (i) becomes insolvent, (ii) files or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency Law, or (iii) applies for or has appointed a receiver, trustee, custodian or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business; or NOTE: PORTIONS OF THIS EXHIBIT INDICATED BY [****] ARE SUBJECT TO A CONFIDENTIAL TREATMENT REQUEST, AND HAVE BEEN OMITTED FROM THIS EXHIBIT. COMPLETE, UNREDACTED COPIES OF THIS EXHIBIT HAVE BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION AS PART OF THIS COMPANY’S CONFIDENTIAL TREATMENT REQUEST.
(d) in the event of a Force Majeure Event affecting Buyer’s performance under this CMA for more than one hundred twenty (120) consecutive days. Any termination under this Section 6.3 will be effective on Buyer’s receipt of Seller’s written Notice of termination or such later date (if any) set forth in such Notice.
Seller’s Right to Terminate. Seller shall have the right, by providing Buyer with thirty (30) days' prior written notice, to terminate this Agreement upon the occurrence of any of the following events, any one of which shall be considered a "Buyer Default":
(a) Buyer fails to make payments as provided in this Agreement, unless such failure is cured within thirty (30) days from receipt of written demand for such payment. Any late payments shall bear interest at the annual rate of ***;
(b) Buyer is adjudged bankrupt; * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
(c) Buyer files a voluntary petition in bankruptcy or liquidation or for the appointment of a receiver;
(d) Filing of an involuntary petition to have Buyer declared bankrupt, or subject to receivership, provided that such petition is not vacated or set aside within ninety (90) days from the date of filing;
(e) The execution by Buyer of any assignment for the benefit of creditors; or
(f) Buyer breaches any material provision of this Agreement and fails to cure such material breach within thirty (30) days from receipt of written notice describing the breach.
Seller’s Right to Terminate. Seller may terminate any and all Agreements between Buyer and Seller upon written notice to Buyer: (a) if Buyer fails to pay any amount when due under this Agreement (”Payment Failure”) and such failure continues for 14 days after Buyer’s receipt of written notice of nonpayment; (b) if within any 12 month period, two or more Payment Failures occur; (c) if Buyer breaches any provision of this Agreement or any Individual Transaction (other than a Payment Failure), and either the breach cannot be cured or, if the breach can be cured, it is not cured by Buyer within 14 days after Buyer’s receipt of written notice of such breach; or (d) if Buyer (i) becomes insolvent or is generally unable to pay its debts as they become due, (ii) files or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency Law, (iii) makes or seeks to make a general assignment for the benefit of its creditors, or (iv) applies for or has appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.
Seller’s Right to Terminate. Seller expressly reserves the right, at its sole discretion to reject any and all expressions of interest in, or all offers to purchase an interest in the property, to terminate discussions with Buyer at any time, with or without notice. Seller shall have no legal commitment, or obligation, to Buyer unless or until a written agreement for the sale of property has been fully executed, and delivered and approved by Seller and its legal counsel and any conditions to Seller’s obligations thereunder have be satisfied or waived.
Seller’s Right to Terminate. Prior to Closing, the Sellers may, at any time while a default subsists, give a Notice of Termination to the Purchaser and the Issuer in the event the Purchaser and the Issuer fails, neglect or refuse to pay the Purchase Consideration to the Sellers by way of issuance of the Consideration Shares in accordance with the provisions of Clause 3.2 or is otherwise in material breach of its obligations under this Agreement and which, if capable of rectification, has not been rectified by the Purchaser and/or the Issuer within seven (7) days, or such longer period as may be unanimously agreed among the Parties, of being so requested to do by the Sellers, the Sellers may issue a Notice of Termination to the Purchaser and the Issuer.
Seller’s Right to Terminate. Seller may terminate this Agreement, by providing written Notice to Buyer: If Buyer fails to pay any amount when due under this Agreement (“Payment Failure”) or fails to purchase the Minimum Quantities. If Buyer is in breach of any representation, warranty or covenant of Buyer under this Agreement (other than committing a Payment Failure), and either the breach cannot be cured or, if the breach can be cured, it is not cured by Buyer within a commercially reasonable period of time (in no case exceeding ten (10) days) after Bxxxx’s receipt of written Notice of such breach.
Seller’s Right to Terminate. Seller, at its option, may terminate this Agreement, so long as Seller is not then in material default under or material breach of this Agreement, upon the happening of any of the following events:
7.4.1 The Assignment Application is designated for a hearing before an administrative law judge; or
7.4.2 Buyer is in material breach of this Agreement ten business days after Seller has given Buyer written notice of breach, and Buyer has not commenced and continued to prosecute diligently a cure therefor or such breach is or becomes incurable.
Seller’s Right to Terminate. This Agreement may be terminated by Seller at any time prior to the In-Service Date in the event that Seller decides to cancel the Project because Seller is unable to procure and have delivered to the Project Site all of the equipment and materials required to construct and operate the Facility at a total installed cost consistent with Seller’s budgeted costs on an economically feasible basis with a return on its total investment in the Facility satisfactory to Seller in Seller’s sole discretion; provided, however, that in such event, Seller shall notify PSNH that Seller is irrevocably terminating Facility development and/or construction, whereupon this Agreement shall terminate without further obligation of either Party except with respect to any PSNH purchase option or right set forth in Article 7; provided further, however, that if Seller or an Affiliate of or successor to Seller recommences development and/or construction of the Facility within a twelve-month period from the date of such notice to PSNH, then this Agreement may be reinstated at PSNH’s sole option and shall be in full force and effect upon such reinstatement.
Seller’s Right to Terminate. Seller may, at any time after receipt of analytical data it collects or that Buyer collects during Buyer’s Inspections that identifies material newly- discovered Pre-Existing Contamination or other material newly-discovered environmental conditions whose environmental risks or costs are such that Seller determines, in its sole discretion, that this transaction should not proceed, Seller will provide notice to Buyer (at any time prior to Closing) of termination of this Agreement, which termination shall be effective ten (10) business days after delivery of such notice to Buyer. Upon the effective date of such termination, Escrow Holder shall remit the Deposit, together with any accrued interest on such funds, to Buyer, notwithstanding anything to the contrary in this Agreement. In the event Seller terminates the Agreement under this Section 5.5, Seller may not lease or sell all or any portion of the Property or enter into any transaction for the sale or lease of all or any portion of the Property to any party other than Buyer until twelve months after such termination.
