Termination by the Agent. The Agent shall have the right, by giving three (3) days’ notice as hereinafter specified to terminate this Agreement in its sole discretion at any time after the date of this Agreement.
Termination by the Agent. In addition to the rights set forth in Section 12(a), the Agent shall have the right to terminate this Agreement by giving ten days’ prior notice to the Company.
Termination by the Agent. If the Agent has exercised or is deemed to have exercised the option to terminate any Transactions pursuant to Section 18.2, (a) the Seller’s obligations hereunder to repurchase all Purchased Loans in such Transactions shall thereupon become immediately due and payable, (b) to the extent permitted by applicable law, the Repurchase Price with respect to each such Transaction shall be increased by the aggregate amount obtained by daily multiplication of (i) the greater of the Pricing Rate for such Transaction and the Default Pricing Rate by (ii) the Purchase Price for such Transaction as of the Repurchase Date as declared by Agent pursuant to Section 18.2 (decreased as of any day by (A) any amounts retained by the Buyers with respect to such Purchase Price pursuant to clause (c) of this Section 18.3, (B) any proceeds from the sale of Purchased Loans pursuant to clause (a) of Section 18.4, and (C) any amounts credited to the account of the Seller pursuant to clause (b) of Section 18.4) on a three hundred sixty (360) day per year basis for the actual number of days during the period from and including the date of the Event of Default giving rise to such option to but excluding the date of payment of the Repurchase Price as so increased, (c) all Income paid after such exercise or deemed exercise shall be payable to and retained by the Agent and applied to the aggregate unpaid Repurchase Prices owed by the Seller and (d) the Seller shall immediately deliver or cause the Custodian to deliver to the Agent any documents relating to Purchased Loans subject to such Transactions then in the Custodian’s, the Seller’s, its Servicer’s or its subservicer’s possession.
Termination by the Agent. Subject to Section 12(f) hereof, the Agent shall have the right to terminate this Agreement in its sole discretion at any time after the date of this Agreement.
Termination by the Agent. The Agent may terminate the right of the Company to effect any Issuances under this Agreement:
(a) upon one Trading Day’s notice if any of the following events shall occur:
(i) the Company or any subsidiary shall make an assignment for the benefit of creditors, or apply for or consent to the appointment of a receiver or trustee for it or for all or substantially all of its property or business; or such a receiver or trustee shall otherwise be appointed;
(ii) bankruptcy, insolvency, reorganization or liquidation proceedings or other proceedings for relief under any bankruptcy law or any law for the relief of debtors shall be instituted by or against the Company or any of its subsidiaries;
(iii) the Company shall fail to maintain the listing of the Common Stock on the Principal Markets; or
(iv) since the Effective Date, there shall have occurred any event, development or circumstances or facts relating to the Company, the Operating Partnership or any other subsidiary of the Company that has had or could reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect; or
(b) otherwise upon ten days’ notice of its election to terminate this Agreement, in its sole discretion, at any time.
Termination by the Agent. 15.1 If, after the date hereof and prior to the Closing Time, (i) there should develop, occur or come into effect or existence, (a) any event, action, state or condition (including, without limitation, acts of war or of terrorism), or (b) any major event in the financial markets, in the case of either (a) or (b) of national or international consequence, or (ii) any law or regulation is adopted or enacted, which, in the case of either (i) or (ii) above, in the opinion of the Agent, acting reasonably, materially adversely affects, or could reasonably be expected to materially adversely affect, the financial markets or the business, operations or affairs of the Corporation, the Agent shall be entitled, without liability, to terminate its obligations under this Agreement by written notice to that effect given to the Corporation at or prior to the Closing Time.
15.2 If, after the date hereof and prior to the Closing Time, there shall occur any material change, actual, anticipated or threatened in the business, affairs, operations, assets, financial condition, liabilities or capital of the Corporation, taken as a whole, or there should be discovered any previously undisclosed fact or new material fact or change in a material fact (other than a material fact relating solely to the Agent) which, in the opinion of any of the Agent, acting reasonably, materially adversely affects or could reasonably be expected to materially adversely affect the market price or value of the Units, then the Agent shall be entitled, without liability, to terminate its obligations under this Agreement by written notice to that effect given to the Corporation at or prior to the Closing Time.
15.3 If, after the date hereof and prior to the Closing Time, there shall occur any change in any of the Securities Laws, or if any enquiry, action, suit, investigation or other proceeding, whether formal or informal, in relation to the Corporation or the distribution of the Units should be announced, instituted or threatened or any order under or pursuant to any laws or regulations of Canada or of any of the Qualifying Jurisdictions or any other regulatory or governmental authority should be made or issued (except for any such order based upon the activities or the alleged activities of the Agent and not of the Corporation) which, in the opinion of any of the Agent, acting reasonably, operates to prevent or restrict the trading or the distribution of the Units, or materially adversely affects or co...
Termination by the Agent. If the Agent has exercised or is deemed to have exercised the option to terminate any Transactions referred to in Section 18.2, (i) Seller’s obligations hereunder to repurchase all Purchased Loans in such Transactions shall thereupon become immediately due and payable, (ii) to the extent permitted by applicable law, the Repurchase Price with respect to each such Transaction shall be increased by the aggregate amount obtained by daily multiplication of (x) the greater of the Pricing Rate for such Transaction and the Default Pricing Rate by (y) the Purchase Price for such Transaction as of the Repurchase Date as determined pursuant to Section 18.2 (decreased as of any day by (A) any amounts retained by Buyers with respect to such Purchase Price pursuant to clause (iii) of this Section 18.3, (B) any proceeds from the sale of Purchased Loans pursuant to clause (A) of Section 18.4, and (C) any amounts credited to the account of the Seller pursuant to clause (B) of
Termination by the Agent. Each Agent shall have the right, upon written notice as hereinafter specified to terminate this Agreement, solely as to itself, in its sole discretion at any time after the date of this Agreement.
Termination by the Agent. The Agent may terminate his employment with the Company upon thirty (30) days written notice to the Company, in which case, the Agent may receive a salary for a maximum of six (6) months to be determined by the Board of Directors and the Company shall have no further obligation under this Agreement.
Termination by the Agent. After termination of all commitments under the Credit Agreement, the expiration or termination of all Letters of Credit, and the payment and performance in full of all non-contingent Obligations, Agent shall execute and deliver to Pledgor a termination of all of the security interests granted by Pledgor hereunder and, to the extent they have been delivered to Agent and not disposed of in accordance with this Agreement, certificates evidencing the Shares.
