Termination by the Secretary Sample Clauses

Termination by the Secretary of State after inspection
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Termination by the Secretary. If the Contractor materially fails to comply with the terms of the MSP Operating Agreement: (1) The Secretary shall notify the Contractor and provide a reasonable opportunity for the Contractor to com- ply with the MSP Operating Agree- ment; (2) The Secretary shall terminate the MSP Operating Agreement if the Con- tractor fails to achieve such compli- ance; and (3) Upon such termination, any funds obligated by the relevant MSP Oper- ating Agreement shall be available to the Secretary to carry out the MSP.
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Termination by the Secretary. If, in the judgment of the Secretary, sufficient funds are not appropriated to continue the function performed in this Agreement and for the payment of the charges hereunder, the Secretary may terminate this Agreement. The Secretary will participate in all costs approved by the Secretary incurred prior to the termination of the Agreement.
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Termination by the Secretary. If the Secretary determines, in its sole discretion, that the State has not successfully implemented a required CAP or complied with an alternative CMS-provided corrective action in the time period specified under a Warning Notice, the Secretary may immediately terminate this Agreement.
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Termination by the Secretary. Notwithstanding any other provision, condition or agreement herein, and pursuant to Section 4042 of the Student Loan Reform Act of 1993, amending Section 422 of the Act (20 U.S.C. Sec. 1072), this Agreement is terminable by the Secretary of USDOE (hereinafter the "Secretary") upon thirty (30) days' notice to the contracting parties if the Secretary determines that this Agreement includes an impermissible transfer of the reserve funds or assets of a guaranty agency or is otherwise inconsistent with the terms and purposes of Section 422 of the Act.
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Termination by the Secretary. The Secretary could have terminated an agreement in whole or in part if the State failed to comply or was no longer legally able to comply with the agreement. The State must have been given reasonable notice and opportunity for a hearing. The termination action must have been taken within 2 years of the notice of the intent to terminate unless the State was again in compliance with the terms of the agreement. Termination by the Secretary was generally limited to cases in which an entity had ceased to exist.
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Termination by the Secretary 
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Related to Termination by the Secretary

  • Termination by the Company This Agreement may be terminated and the Mergers may be abandoned at any time prior to the First Effective Time by action of the Board of Directors of the Company if: (a) the Board of Directors of Parent shall have made a Parent Change in Recommendation; provided, however, that the Company will not have the right to terminate this Agreement pursuant to this Section 7.03(a) if the Parent Requisite Vote has been obtained; or (b) there has been a breach of any representation, warranty, covenant or agreement made by Parent or the Merger Subs in this Agreement, or any such representation and warranty shall have become untrue after the date of this Agreement, such that Sections 6.03(a) or 6.03(b) would not be satisfied and such breach or failure to be true is not curable or, if curable, is not cured following written notice to Parent from the Company of such breach or failure by the earlier of (x) the 30th day following such written notice and (y) the Termination Date; provided that the Company shall not have the right to terminate this Agreement pursuant to this Section 7.03 if the Company is then in breach of any of its representations, warranties, covenants or agreements under this Agreement in a manner such that the conditions set forth in Sections 6.02(a) or 6.02(b) would not be satisfied (unless capable of being cured within 30 days). (c) at any time prior to the Company Requisite Vote being obtained, (i) if the Board of Directors of the Company authorizes the Company, to the extent permitted by and subject to complying with the terms of Section 5.02, to enter into an Alternative Company Acquisition Agreement with respect to a Company Superior Proposal that did not result from a material breach of this Agreement, (ii) concurrently with the termination of this Agreement, the Company, subject to complying with the terms of Section 5.02, enters into an Alternative Company Acquisition Agreement providing for a Company Superior Proposal that did not result from a material breach of this Agreement and (iii) prior to or concurrently with such termination, the Company pays to Parent in immediately available funds any fees required to be paid pursuant to Section 7.05(b).

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