Common use of Termination by the Partnership on behalf of the Partnership Group Clause in Contracts

Termination by the Partnership on behalf of the Partnership Group. (a) Upon the occurrence of any of the following events, the Partnership, on behalf of the Partnership Group, may terminate this Agreement by giving written notice of such termination to Encore Operating: (i) EAC and its Affiliates cease to maintain a direct or indirect controlling interest in the General Partner or Encore Operating; or (ii) Encore Operating’s failure to pay any employee within thirty (30) days of the date such employee’s payment is due, subject to the limitations described in Section 4.5. Any termination under this Section 7.1(a) shall become effective immediately upon delivery of the notice first described in this Section 7.1(a), or such later time (not to exceed the first anniversary of the delivery of such notice) as may be specified by the Partnership. (b) In addition to its rights under Section 7.1(a), the Partnership may terminate this Agreement at any time by giving notice of such termination to Encore Operating. Any termination under this Section 7.1(b) shall become effective 90 days after delivery of such notice, or such later time (not to exceed the first anniversary of the delivery of such notice) as may be specified by the Partnership. (c) In the event that Encore Operating becomes Bankrupt or dissolves and commences liquidation or winding-up, this Agreement shall automatically terminate without notice to Encore Operating.

Termination by the Partnership on behalf of the Partnership Group. (a) Upon the occurrence of any of the following events, the Partnership, on behalf of the Partnership Group, may terminate this Agreement by giving written notice of such termination to Encore OperatingVanguard: (i) EAC Vanguard and its Affiliates cease to maintain a direct or indirect controlling interest in the General Partner or Encore OperatingPartner; or (ii) Encore OperatingVanguard’s failure to pay any employee within thirty (30) days of the date such employee’s payment is due, subject to the limitations described in Section 4.5. Any termination under this Section 7.1(a) shall become effective immediately upon delivery of the notice first described in this Section 7.1(a), or such later time (not to exceed the first anniversary of the delivery of such notice) as may be specified by the Partnership. (b) In addition to its rights under Section 7.1(a), the Partnership may terminate this Agreement at any time by giving notice of such termination to Encore OperatingVanguard. Any termination under this Section 7.1(b) shall become effective 90 days after delivery of such notice, or such later time (not to exceed the first anniversary of the delivery of such notice) as may be specified by the Partnership. (c) In the event that Encore Operating Vanguard becomes Bankrupt or dissolves and commences liquidation or winding-up, this Agreement shall automatically terminate without notice to Encore OperatingVanguard.

Termination by the Partnership on behalf of the Partnership Group. (a) Upon the occurrence of any of the following events, the Partnership, on behalf of the Partnership Group, may terminate this Agreement by giving written notice of such termination to Encore Operating: (i) EAC Encore Acquisition Company and its Affiliates cease to maintain a direct or indirect controlling interest in the General Partner or Encore Operating; or (ii) Encore Operating’s failure to pay any employee within thirty (30) days of the date such employee’s payment is due, subject to the limitations described in Section 4.5. Any termination under this Section 7.1(a) shall become effective immediately upon delivery of the notice first described in this Section 7.1(a), or such later time (not to exceed the first anniversary of the delivery of such notice) as may be specified by the Partnership. (b) In addition to its rights under Section 7.1(a), the Partnership may terminate this Agreement at any time by giving notice of such termination to Encore Operating. Any termination under this Section 7.1(b) shall become effective 90 days after delivery of such notice, or such later time (not to exceed the first anniversary of the delivery of such notice) as may be specified by the Partnership. (c) In the event that Encore Operating becomes Bankrupt or dissolves and commences liquidation or winding-up, this Agreement shall automatically terminate without notice to Encore Operating.

Termination by the Partnership on behalf of the Partnership Group. (a) Upon the occurrence of any of the following events, the Partnership, on behalf of the Partnership Group, may terminate this Agreement by giving written notice of such termination to Encore OperatingVanguard: (i) EAC Vanguard and its Affiliates cease to maintain a direct or indirect controlling interest in the General Partner or Encore OperatingPartner; or (iiiii) Encore OperatingVanguard’s failure to pay any employee within thirty (30) days of the date such employee’s payment is due, subject to the limitations described in Section 4.5. Any termination under this Section 7.1(a) shall become effective immediately upon delivery of the notice first described in this Section 7.1(a), or such later time (not to exceed the first anniversary of the delivery of such notice) as may be specified by the Partnership. (b) In addition to its rights under Section 7.1(a), the Partnership may terminate this Agreement at any time by giving notice of such termination to Encore OperatingVanguard. Any termination under this Section 7.1(b) shall become effective 90 days after delivery of such notice, or such later time (not to exceed the first anniversary of the delivery of such notice) as may be specified by the Partnership. (c) In the event that Encore Operating Vanguard becomes Bankrupt or dissolves and commences liquidation or winding-up, this Agreement shall automatically terminate without notice to Encore OperatingVanguard.

Termination by the Partnership on behalf of the Partnership Group. (a) Upon the occurrence of any of the following events, the Partnership, on behalf of the Partnership Group, may terminate this Agreement by giving written notice of such termination to Encore OperatingVanguard: (i) EAC Vanguard and its Affiliates cease to maintain a direct or indirect controlling interest in the General Partner or Encore OperatingPartner; or (iiiii) Encore OperatingVanguard’s failure to pay any employee within thirty (30) days of the date such employee’s payment is due, subject to the limitations described in Section 4.5. Any termination under this Section 7.1(a) shall become effective immediately upon delivery of the notice first described in this Section 7.1(a7.1 (a), or such later time (not to exceed the first anniversary of the delivery of such notice) as may be specified by the Partnership. (b) In addition to its rights under Section 7.1(a), the Partnership may terminate this Agreement at any time by giving notice of such termination to Encore OperatingVanguard. Any termination under this Section 7.1(b) shall become effective 90 days after delivery of such notice, or such later time (not to exceed the first anniversary of the delivery of such notice) as may be specified by the Partnership. (c) In the event that Encore Operating Vanguard becomes Bankrupt or dissolves and commences liquidation or winding-up, this Agreement shall automatically terminate without notice to Encore OperatingVanguard.