Common use of Termination due to failure to achieve Financial Close Clause in Contracts

Termination due to failure to achieve Financial Close. (a) Notwithstanding anything to the contrary contained in this Agreement, in the event that Financial Close does not occur, for any reason whatsoever, within the period set forth in Article 23.1.2 or the extended period provided thereunder, all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire, and the Concession Agreement shall be deemed to have been terminated by mutual agreement of the Parties.

Termination due to failure to achieve Financial Close. (a) 1.11.1 Notwithstanding anything to the contrary contained in this Agreement, in the event that Financial Close does not occur, for any reason whatsoever, within the period set forth in Article 23.1.2 or the extended period provided thereunderclause 1.10.4, all rights, privileges, claims and entitlements of the Concessionaire Lessee under or arising out of this Agreement shall be deemed to have been waived by, by and deemed to have ceased with the concurrence of the ConcessionaireLessee, and the Concession this Agreement shall be deemed to have been terminated by mutual agreement of the Parties.