Termination by Xxxxxxxxx. Upon at least five days' prior written notice to Agent and Lenders, Borrower Representative may, at its option, terminate this Agreement; provided, however, that no such termination shall be effective until Borrowers have paid (or collateralized to Agent's reasonable satisfaction) all of the Obligations in immediately available funds, all Letters of Credit have expired, terminated or have been collateralized in accordance with subsection 1.2.10 and Borrowers have complied with subsection 3.2.5. Any notice of termination given by Borrower Representative shall be irrevocable unless all Lenders otherwise agree in writing and no Lender shall have any obligation to make any Loans or issue or procure any Letters of Credit on or after the termination date stated in such notice; provided, however, that any such notice of termination may state that it is conditioned upon the availability of an alternate or replacement credit facility, and that if an alternate or replacement credit facility is not obtained, such notice of termination may be revoked by Borrower Representative. Borrower Representative may elect to terminate this Agreement in its entirety only. No section of this Agreement or type of Loan available hereunder may be terminated singly.
Termination by Xxxxxxxxx. Xxx. Xxxxxxxxx.Xxx may terminate this Agreement immediately and without advance notice if: (a) Company is in breach or default of any other obligation set forth in of this Agreement; (b)
Termination by Xxxxxxxxx. Xxxxxxxxx may terminate this Agreement upon written notice to Nestlé if:
14.2.1. Nestlé does not provide additional funding to the Company pursuant to its obligations in Section 6.1.1 within five (5) days from the relevant payment date or in accordance with Section 6.1.3;
14.2.2. Nestlé is in a material breach of any of its warranties, covenants or obligations under this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice from Xxxxxxxxx specifying the particulars of such breach and requiring such breach to be remedied; or
14.2.3. Nestlé, any of its creditors or any other eligible party files or commences a proceeding for the liquidation, bankruptcy, receivership, reorganization, rehabilitation, composition or dissolution of Nestlé (and, in the case of any such proceeding brought against Nestlé, such proceeding has not been stayed or dismissed within ninety (90) days after the filing thereof), or Nestlé is unable to pay or has suspended payment of its debts generally as they become due (except debts being contested in good faith), or the creditors of Nestlé have taken over its management.
Termination by Xxxxxxxxx. If Customer fails to make any of the payments required by the Agreement, fails to keep the Equipment in proper working condition, misuses the Equipment in any manner, does not keep or perform any of the conditions set out herein, breaches this Agreement or if Customer becomes insolvent, files a petition for bankruptcy, commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors, Xxxxxxxxx may terminate the Agreement and Customers rights under the Agreement, declare the balance of all unpaid amounts and all other charges of any kind required of Customer under the Agreement to be payable immediately, and be entitled to the balance due together with interest at the rate of 10% per annum from the date of notification, and repossess the Equipment without legal process free of all rights of Customer to the Equipment. Customer authorizes Xxxxxxxxx or Xxxxxxxxx’x agent to enter onto any premises where the Equipment is located and repossess and remove it. Customer specifically waives any right of action Customer might otherwise have arising out of the aforementioned entry and repossession and releases Hawthorne of any claim for trespass or damage caused by reason of the entry, repossession, or removal. Customer will reimburse Hawthorne for all reasonable expenses of repossession and enforcement of Xxxxxxxxx'x rights and remedies, together with interest at the rate of 10% per annum from the date of payment. Notwithstanding any other provision of this Lease, Customer will pay, subject to any limits under applicable law, Xxxxxxxxx'x attorneys' fees and legal expenses of any kind to enforce any provision in this Agreement.
Termination by Xxxxxxxxx. If the Licensee breaches this agreement and fails to remedy the breach (if capable of remedy) within 30 days of Xxxxxxxxx giving the Licensee written notice specifying the breach, Xxxxxxxxx may immediately terminate this agreement at any time by giving the Licensee written notice.
Termination by Xxxxxxxxx. Xxx. Xxxxxxxxx.Xxx may terminate this Agreement and/or Customer’s access to the Transaction Services, at any time and for any reason, with or without cause, upon thirty (30) days’ written notice.
Termination by Xxxxxxxxx. Subject to Section 22 regarding appointment of a successor Xxxxxxxxx, the Custodian may terminate its obligations under this Agreement upon at least 60 days' notice to the Trust, the Servicer and the Indenture Trustee.
Termination by Xxxxxxxxx. XXX. This Agreement may be terminated and the ---------------------------- Acquisition may be abandoned at any time prior to the Effective Time by action of the Board of Directors of XXXXXXXXX.XXX, if (a) there has been a breach by Explore of any representation or warranty contained in this Agreement which would have or would be reasonably likely to have a material adverse effect on the operations of Explore, or (b) there has been a breach of any of the covenants or agreements set forth in this Agreement on the part of Explore, which breach is not curable or, if curable, is not cured within fifteen (15) days after written notice of such breach is given by XXXXXXXXX.XXX to Explore.
Termination by Xxxxxxxxx. XxXxxxxxx may with or without cause terminate this Agreement upon (60) days prior written notice to UCI. In the event of such termination, all compensation (including without limitation the Base Salary and any prerequisites and fringe benefits, if any) to which XxXxxxxxx would otherwise be entitled (for periods after the effective date of the termination) shall be discontinued and forfeited as of the effective date of such termination.
Termination by Xxxxxxxxx. XxXxxxxxx may with or without cause terminate this Agreement upon sixty(60) days prior written notice to Employer. In the event of such termination, all compensation (including without limitation the Base Salary and any perquisites and fringe benefits, if any) to which XxXxxxxxx would otherwise be entitled (for periods after the effective date of the termination) shall be discontinued and forfeited as of the effective date of such termination.
