Common use of Termination by the Agent Clause in Contracts

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.