Common use of Termination by Glencore Clause in Contracts

Termination by Glencore. Glencore may terminate the Agreement by giving written notice to PolyMet at any time if: (a) PolyMet fails to: (i) obtain final listing approval from the TSX or NYSE MKT for the Rights at least two days prior to the date named as the Record Date in the Final Prospectus; (ii) obtain conditional listing approval from the TSX and NYSE MKT in respect of the Shares issuable upon exercise of the Rights and the Standby Shares, prior to or on the Rights Offering Closing Date, subject to receipt of customary final documentation; and (iii) satisfy any of the conditions set out in Section 5.4 of this Schedule 2 on or before the Rights Offering Closing Date; (b) the Shares are de-listed or suspended or halted for trading for a period greater than one Business Day for any reason by the TSX or NYSE MKT at any time; or (c) if the Rights Offering is otherwise terminated or cancelled.