Termination Events. (A) This Agreement may be terminated at any time prior to the Closing: (1) by mutual written agreement of the Purchaser and the Seller; or (2) by the Seller, upon written notice to the Purchaser, in the event that the Closing Date does not occur on or before May 15, 2014 or such later date, if any, as Seller shall agree to in writing; provided, however, that the right to terminate this Agreement pursuant to this Section 6.01(A)(2) shall not be available if Seller’s failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date.
Appears in 28 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement, Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser Company and the Seller; or
(2B) by the Company, upon written notice to the Seller, or by the Seller, upon written notice to the PurchaserCompany, in the event that the Closing Date does not occur on or before May 15December 31, 2014 or such later date, if any, as Seller shall agree to in writing2016; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date.
Appears in 26 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement (First Bancshares Inc /MS/), Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1) by mutual written agreement of the Purchaser and the Seller; or
(2) by the Seller, upon written notice to the Purchaser, in the event that the Closing Date does not occur on or before May 15January 31, 2014 2016 or such later date, if any, as Seller shall agree to in writing; provided, however, that the right to terminate this Agreement pursuant to this Section 6.01(A)(2) shall not be available if Seller’s failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date.
(B) This Agreement shall automatically terminate upon the termination of the Exchange Agreement in accordance with its terms.
Appears in 11 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement, Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1) by mutual written agreement of the Purchaser and the Seller; or
(2) by the Seller, upon written notice to the Purchaser, in the event that the Closing Date does not occur on or before May 15October 31, 2014 2015 or such later date, if any, as Seller shall agree to in writing; provided, however, that the right to terminate this Agreement pursuant to this Section 6.01(A)(2) shall not be available if Seller’s failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date.
(B) This Agreement shall automatically terminate upon the termination of the Exchange Agreement in accordance with its terms.
Appears in 6 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement, Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1) by mutual written agreement of the Purchaser and the Seller; or
(2) by the Seller, upon written notice to the Purchaser, in the event that the Closing Date does not occur on or before May 15February 28, 2014 2017 or such later date, if any, as Seller shall agree to in writing; provided, however, that the right to terminate this Agreement pursuant to this Section 6.01(A)(2) shall not be available if Seller’s failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date.
(B) This Agreement shall automatically terminate upon the termination of the Exchange Agreement in accordance with its terms.
Appears in 4 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement, Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1) by mutual written agreement of the Purchaser and the Seller; or
(2) by the Seller, upon written notice to the Purchaser, in the event that the Closing Date does not occur on or before May 15December 31, 2014 2013 or such later date, if any, as Seller shall agree to in writing; provided, however, that the right to terminate this Agreement pursuant to this Section 6.01(A)(2) shall not be available if Seller’s failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date.
(B) This Agreement shall automatically terminate upon the termination of the Exchange Agreement in accordance with its terms.
Appears in 4 contracts
Samples: Exchange Agreement, Exchange Agreement (Monarch Community Bancorp Inc), Exchange Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser and the Seller; or
(2B) by the Purchaser, upon written notice to the Seller, or by the Seller, upon written notice to the Purchaser, in the event that the Closing Date does not occur on or before May 15September 30, 2014 or such later date, if any, as Seller shall agree to in writing2012; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date. This Agreement shall automatically terminate upon the termination of the Merger Agreement in accordance with its terms.
Appears in 2 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1) by mutual written agreement of the Purchaser and the Seller; or
(2) by the Seller, upon written notice to the Purchaser, in the event that the Closing Date does not occur on or before May 15[], 2014 2013 or such later date, if any, as Seller shall agree to in writing; provided, however, that the right to terminate this Agreement pursuant to this Section 6.01(A)(2) shall not be available if Seller’s failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date.
(B) This Agreement shall automatically terminate upon the termination of the Exchange Agreement in accordance with its terms.
Appears in 2 contracts
Samples: Exchange Agreement, Exchange Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser and the Seller; or
(2B) by the Purchaser, upon written notice to the Seller, or by the Seller, upon written notice to the Purchaser, in the event that the Closing Date does not occur on or before May 15June 12, 2014 or such later date, if any, as Seller shall agree to in writing2013; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date. This Agreement shall automatically terminate upon the termination of the Merger Agreement in accordance with its terms.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Firstmerit Corp /Oh/), Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser Purchasers and the Seller; or
(2B) by the Purchasers, upon written notice to the Seller, or by the Seller, upon written notice to the PurchaserPurchasers, in the event that the Closing Date does not occur on or before May 15December 31, 2014 or such later date, if any, as Seller shall agree to in writing2014; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date. This Agreement shall automatically terminate upon the termination of the Investment Agreement in accordance with its terms.
Appears in 2 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser Company and the Seller; or
(2B) by the Company, upon written notice to the Seller, or by the Seller, upon written notice to the PurchaserCompany, in the event that the Closing Date does not occur on or before May April 15, 2014 or such later date, if any, as Seller shall agree to in writing2016; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date.
Appears in 2 contracts
Samples: Securities Purchase Agreement (HCSB Financial Corp), Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser Company and the Seller; or
(2B) by the Company, upon written notice to the Seller, or by the Seller, upon written notice to the PurchaserCompany, in the event that the Closing Date does not occur on or before May 15March 13, 2014 or such later date, if any, as Seller shall agree to in writing2013; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Community Financial Shares Inc), Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser Company and the Seller; or
(2B) by the Company, upon written notice to the Seller, or by the Seller, upon written notice to the PurchaserCompany, in the event that the Closing Date does not occur on or before May 15January 31, 2014 or such later date, if any, as Seller shall agree to in writing2017; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date.
Appears in 2 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser Company and the Seller; or
(2B) by the Company, upon written notice to the Seller, or by the Seller, upon written notice to the PurchaserCompany, in the event that the Closing Date does not occur on or before May 15September 30, 2014 or such later date, if any, as Seller shall agree to in writing2012; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Central Federal Corp), Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser Company and the Seller; or
(2B) by the Company, upon written notice to the Seller, or by the Seller, upon written notice to the PurchaserCompany, in the event that the Closing Date does not occur on or before May June 15, 2014 or such later date, if any, as Seller shall agree to in writing2011; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date. This Agreement shall automatically terminate upon the termination of the Acquisition Agreement in accordance with its terms.
Appears in 2 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement (First Community Bank Corp of America)
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1) by mutual written agreement of the Purchaser and the Seller; or
(2) by the Seller, upon written notice to the Purchaser, in the event that the Closing Date does not occur on or before May 15November 1, 2014 2017 or such later date, if any, as Seller shall agree to in writing; provided, however, that the right to terminate this Agreement pursuant to this Section 6.01(A)(2) shall not be available if Seller’s failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date.
(B) This Agreement shall automatically terminate upon the termination of the Exchange Agreement in accordance with its terms.
Appears in 2 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser and the Seller; or
(2B) by the Purchaser, upon written notice to the Seller, or by the Seller, upon written notice to the Purchaser, in the event that the Closing Date does not occur on or before May 15April 30, 2014 or such later date, if any, as Seller shall agree to in writing2014; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date. This Agreement shall automatically terminate upon the termination of the Merger Agreement in accordance with its terms.
Appears in 2 contracts
Samples: Securities Purchase Agreement (1st Financial Services CORP), Merger Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser and the Seller; or
(2B) by the Purchaser, upon written notice to the Seller, or by the Seller, upon written notice to the Purchaser, in the event that the Closing Date does not occur on or before May 15July 1, 2014 or such later date, if any, as Seller shall agree to in writing2013; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date. This Agreement shall automatically terminate upon the termination of any one of the Purchaser Subscription Agreements in accordance with their terms.
Appears in 1 contract
Samples: Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser and the Seller; or
(2B) by the Purchaser, upon written notice to the Seller, or by the Seller, upon written notice to the Purchaser, in the event that the Closing Date does not occur on or before May 15November 1, 2014 or such later date, if any, as Seller shall agree to in writing2012; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date. This Agreement shall automatically terminate upon the termination of the Merger Agreement in accordance with its terms.
Appears in 1 contract
Samples: Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1) by mutual written agreement of the Purchaser and the Seller; or
(2) by the Seller, upon written notice to the Purchaser, in the event that the Closing Date does not occur on or before May 15June 30, 2014 or such later date, if any, as Seller shall agree to in writing; provided, however, that the right to terminate this Agreement pursuant to this Section 6.01(A)(2) shall not be available if Seller’s failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date.
(B) This Agreement shall automatically terminate upon the termination of the Exchange Agreement in accordance with its terms.
Appears in 1 contract
Samples: Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser Company and the Seller; or
(2B) by the Company, upon written notice to the Seller, or by the Seller, upon written notice to the PurchaserCompany, in the event that the Closing Date does not occur on or before May 15January 4, 2014 or such later date, if any, as Seller shall agree to in writing2012; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(27.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date. This Agreement shall automatically terminate upon the termination of the Merger Agreement in accordance with its terms.
Appears in 1 contract
Samples: Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser and the Seller; or
(2B) by the Seller, upon written notice to the Purchaser, in the event that the Closing Date does not occur on or before May 15October 31, 2014 2013 or such later date, if any, as Seller shall agree to in writing; provided, however, that the right to terminate this Agreement pursuant to this Section 6.01(A)(2) shall not be available if Seller’s failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date.
Appears in 1 contract
Samples: Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser Company and the Seller; or
(2B) by the Company, upon written notice to the Seller, or by the Seller, upon written notice to the PurchaserCompany, in the event that the Closing Date does not occur on or before May 15December 31, 2014 or such later date, if any, as Seller shall agree to in writing2016; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date.
Appears in 1 contract
Samples: Stock Purchase Agreement (Broadway Financial Corp \De\)
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser and the Seller; or
(2B) by the Purchaser, upon written notice to the Seller, or by the Seller, upon written notice to the Purchaser, in the event that the Closing Date does not occur on or before May 15January 31, 2014 or such later date, if any, as Seller shall agree to in writing2014; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date. This Agreement shall automatically terminate upon the termination of the Merger Agreement in accordance with its terms.
Appears in 1 contract
Samples: Securities Purchase Agreement (United Bankshares Inc/Wv)
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser Company and the Seller; or
(2B) by the Company, upon written notice to the Seller, or by the Seller, upon written notice to the PurchaserCompany, in the event that the Closing Date does not occur on or before May 15July 31, 2014 or such later date, if any, as Seller shall agree to in writing2012; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date. This Agreement shall automatically terminate upon the termination of the Stock Purchase Agreement in accordance with its terms.
Appears in 1 contract
Samples: Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1) by mutual written agreement of the Purchaser and the Seller; or
(2) by the Seller, upon written notice to the Purchaser, in the event that the Closing Date does not occur on or before May 15, 2014 2013 or such later date, if any, as Seller shall agree to in writing; provided, however, that the right to terminate this Agreement pursuant to this Section 6.01(A)(2) shall not be available if Seller’s failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date.
(B) This Agreement shall automatically terminate upon the termination of the Exchange Agreement in accordance with its terms.
Appears in 1 contract
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser and the Seller; or
(2B) by the Purchaser, upon written notice to the Seller, or by the Seller, upon written notice to the Purchaser, in the event that the Closing Date does not occur on or before May 1529, 2014 or such later date, if any, as Seller shall agree to in writing2013; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date. This Agreement shall automatically terminate upon the termination of the Merger Agreement in accordance with its terms.
Appears in 1 contract
Samples: Securities Purchase Agreement (Premierwest Bancorp)
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser and the Seller; or
(2B) by the Purchaser, upon written notice to the Seller, or by the Seller, upon written notice to the Purchaser, in the event that the Closing Date does not occur on or before May 15October 31, 2014 or such later date, if any, as Seller shall agree to in writing2015; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date. This Agreement shall automatically terminate upon the termination of the Merger Agreement in accordance with its terms.
Appears in 1 contract
Samples: Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser and the Seller; or
(2B) by the Purchaser, upon written notice to the Seller, or by the Seller, upon written notice to the Purchaser, in the event that the Closing Date does not occur on or before May 15September 30, 2014 or such later date, if any, as Seller shall agree to in writing2015; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date.
Appears in 1 contract
Samples: Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser Purchasers and the Seller; or;
(2B) by any of the Purchasers, upon written notice to the Seller, or by the Seller, upon written notice to the PurchaserPurchasers, in the event that the Closing Date does not occur on or before May 15December 31, 2014 or such later date, if any, as Seller shall agree to in writing2016; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date; or
(C) by the Seller or any Purchaser if there shall be in effect a final non-appealable order of a Governmental Entity of competent jurisdiction restraining, enjoining or otherwise prohibiting the consummation of the transactions contemplated hereby.
Appears in 1 contract
Samples: Securities Purchase Agreement (Broadway Financial Corp \De\)
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:any
(1A) by mutual written agreement of the Purchaser and the Seller; or
(2B) by the Purchaser, upon written notice to the Seller, or by the Seller, upon written notice to the Purchaser, in the event that the Closing Date does not occur on or before May 1529, 2014 or such later date, if any, as Seller shall agree to in writing2013; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date. This Agreement shall automatically terminate upon the termination of the Merger Agreement in accordance with its terms.
Appears in 1 contract
Samples: Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser and the Seller; or
(2B) by the Purchaser, upon written notice to the Seller, or by the Seller, upon written notice to the Purchaser, in the event that the Closing Date does not occur on or before May 15October 31, 2014 or such later date, if any, as Seller shall agree to in writing2012; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date. This Agreement shall automatically terminate upon the termination of the Merger Agreement in accordance with its terms.
Appears in 1 contract
Samples: Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser and the Seller; or
(2B) by the Purchaser, upon written notice to the Seller, or by the Seller, upon written notice to the Purchaser, in the event that the Closing Date does not occur on or before May 15January 31, 2014 or such later date, if any, as Seller shall agree to in writing2013; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date. This Agreement shall automatically terminate upon the termination of the Merger Agreement in accordance with its terms.
Appears in 1 contract
Samples: Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser and the Seller; or
(2B) by the Purchaser, upon written notice to the Seller, or by the Seller, upon written notice to the Purchaser, in the event that the Closing Date does not occur on or before May 15December 31, 2014 or such later date, if any, as Seller shall agree to in writing2011; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date. This Agreement shall automatically terminate upon the termination of the Merger Agreement in accordance with its terms.
Appears in 1 contract
Samples: Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1) by mutual written agreement of the Purchaser and the Seller; or
(2) by the Seller, upon written notice to the Purchaser, in the event that the Closing Date does not occur on or before May 15[l], 2014 2013 or such later date, if any, as Seller shall agree to in writing; provided, however, that the right to terminate this Agreement pursuant to this Section 6.01(A)(2) shall not be available if Seller’s failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date.
(B) This Agreement shall automatically terminate upon the termination of the Exchange Agreement in accordance with its terms.
Appears in 1 contract
Samples: Securities Purchase Agreement (First Security Group Inc/Tn)
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser and the Seller; or
(2B) by the Purchaser, upon written notice to the Seller, or by the Seller, upon written notice to the Purchaser, in the event that the Closing Date does not occur on or before May 15December 31, 2014 or such later date, if any, as Seller shall agree to in writing2013; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date. This Agreement shall automatically terminate upon the termination of the Merger Agreement in accordance with its terms.
Appears in 1 contract
Samples: Securities Purchase Agreement (C & F Financial Corp)
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser Company and the Seller; or
(2B) by the Company, upon written notice to the Seller, or by the Seller, upon written notice to the PurchaserCompany, in the event that the Closing Date does not occur on or before May 15September 30, 2014 or such later date, if any, as Seller shall agree to in writing2015; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date. This Agreement shall automatically terminate upon the termination of the Merger Agreement in accordance with its terms.
Appears in 1 contract
Samples: Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser and the Seller; or;
(2B) by the Purchaser, upon written notice to the Seller, or by the Seller, upon written notice to the Purchaser, in the event that the Closing Date does not occur on or before May 15September 22, 2014 or such later date, if any, as Seller shall agree to in writing2017; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date; or
(C) by the Seller or the Purchaser if there shall be in effect a final non- appealable order of a Governmental Entity of competent jurisdiction restraining, enjoining or otherwise prohibiting the consummation of the transactions contemplated hereby.
Appears in 1 contract
Samples: Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser Company and the Seller; or
(2B) by the Company, upon written notice to the Seller, or by the Seller, upon written notice to the PurchaserCompany, in the event that the Closing Date does not occur on or before May 15October 31, 2014 or such later date, if any, as Seller shall agree to in writing2013; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date.
Appears in 1 contract
Samples: Securities Purchase Agreement (Independent Bank Corp /Mi/)
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser Company and the SellerStockholder; or
(2B) by the SellerCompany, upon written notice to the PurchaserStockholder, or by the Stockholder, upon written notice to the Company, in the event that the Closing Date does not occur on or before May 15November 30, 2014 or such later date, if any, as Seller shall agree to in writing2013; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date.
Appears in 1 contract
Samples: Agreement in Respect of Securities (Ally Financial Inc.)
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser and the Seller; or
(2B) by the Purchaser, upon written notice to the Seller, or by the Seller, upon written notice to the Purchaser, in the event that the Closing Date does not occur on or before May 15August 1, 2014 or such later date, if any, as Seller shall agree to in writing2011; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date. This Agreement shall automatically terminate upon the termination of the Plan of Reorganization in accordance with its terms.
Appears in 1 contract
Samples: Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser and the Seller; or
(2B) by the Purchaser, upon written notice to the Seller, or by the Seller, upon written notice to the Purchaser, in the event that the Closing Date does not occur on or before May 15February 28, 2014 or such later date, if any, as Seller shall agree to in writing2013; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date. This Agreement shall automatically terminate upon the termination of the Merger Agreement in accordance with its terms.
Appears in 1 contract
Samples: Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser and the Seller; or
(2B) by the Purchaser, upon written notice to the Seller, or by the Seller, upon written notice to the Purchaser, in the event that the Closing Date does not occur on or before May 15February 1, 2014 or such later date, if any, as Seller shall agree to in writing2011; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date. This Agreement shall automatically terminate upon the termination of the Investment Agreement in accordance with its terms.
Appears in 1 contract
Samples: Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser and the Seller; or
(2B) by the Purchaser, upon written notice to the Seller, or by the Seller, upon written notice to the Purchaser, in the event that the Closing Date does not occur on or before May 15September 30, 2014 or such later date, if any, as Seller shall agree to in writing2011; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date. This Agreement shall automatically terminate upon the termination of the Investment Agreement in accordance with its terms.
Appears in 1 contract
Samples: Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser and the Seller; or
(2B) by the Purchaser, upon written notice to the Seller, or by the Seller, upon written notice to the Purchaser, in the event that the Closing Date does not occur on or before May 15December 31, 2014 or such later date, if any, as Seller shall agree to in writing2012; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date. This Agreement shall automatically terminate upon the termination of the Merger Agreement in accordance with its terms.
Appears in 1 contract
Samples: Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser Company and the Seller; or
(2B) by the Company, upon written notice to the Seller, or by the Seller, upon written notice to the PurchaserCompany, in the event that the Closing Date does not occur on or before May 15June 30, 2014 or such later date, if any, as Seller shall agree to in writing2013; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date.
Appears in 1 contract
Samples: Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser and the Seller; or
(2B) by the Purchaser, upon written notice to the Seller, or by the Seller, upon written notice to the Purchaser, in the event that the Closing Date does not occur on or before May 15February 17, 2014 or such later date, if any, as Seller shall agree to in writing2011; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date. This Agreement shall automatically terminate upon the termination of the Merger Agreement in accordance with its terms.
Appears in 1 contract
Samples: Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser Company, CIC and the Seller; or
(2B) by CIC, upon written notice to the Seller and the Company, or by the Seller, upon written notice to CIC and the PurchaserCompany, in the event that the Closing Date does not occur on or before May 15July 31, 2014 or such later date, if any, as Seller shall agree to in writing2012; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date. This Agreement shall automatically terminate upon the termination of the Merger Agreement in accordance with its terms.
Appears in 1 contract
Samples: Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser Company and the Seller; or
(2B) by the Company, upon written notice to the Seller, or by the Seller, upon written notice to the PurchaserCompany, in the event that the Closing Date does not occur on or before May 1531, 2014 or such later date, if any, as Seller shall agree to in writing2018; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date.
Appears in 1 contract
Samples: Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser Company and the Seller; or
(2B) by the Company, upon written notice to the Seller, or by the Seller, upon written notice to the PurchaserCompany, in the event that the Closing Date does not occur on or before May 15April 30, 2014 or such later date, if any, as Seller shall agree to in writing2013; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date.
Appears in 1 contract
Samples: Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser Company and the Seller; or
(2B) by the Company, upon written notice to the Seller, or by the Seller, upon written notice to the PurchaserCompany, in the event that the Closing Date does not occur on or before May 15August 31, 2014 or such later date, if any, as Seller shall agree to in writing2015; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date.
Appears in 1 contract
Samples: Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser and the Seller; or
(2B) by the Purchaser, upon written notice to the Seller, or by the Seller, upon written notice to the Purchaser, in the event that the Closing Date does not occur on or before May 15March 31, 2014 or such later date, if any, as Seller shall agree to in writing2012; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date. This Agreement shall automatically terminate upon the termination of the Merger Agreement in accordance with its terms.
Appears in 1 contract
Samples: Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser and the Seller; or
(2B) by the Purchaser, upon written notice to the Seller, or by the Seller, upon written notice to the Purchaser, in the event that the Closing Date does not occur on or before May 15March 31, 2014 or such later date, if any, as Seller shall agree to in writing2013; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date. This Agreement shall automatically terminate upon the termination of the Merger Agreement in accordance with its terms.
Appears in 1 contract
Samples: Securities Purchase Agreement
Termination Events. (A) This Agreement may be terminated at any time prior to the Closing:
(1A) by mutual written agreement of the Purchaser Company and the Seller; or;
(2B) by the Company, upon written notice to the Seller, or by the Seller, upon written notice to the PurchaserCompany, in the event that the Closing Date does not occur on or before May 15August 6, 2014 or such later date, if any, as Seller shall agree to in writing2020; provided, however, that the right respective rights to terminate this Agreement pursuant to this Section 6.01(A)(26.01(B) shall not be available if Seller’s to any party whose failure to fulfill any obligation under this Agreement shall have been the cause of, or shall have resulted in, the failure of the Closing Date to occur on or prior to such date; or
(C) by the Seller or the Company if there shall be in effect a final non-appealable order of a Governmental Entity of competent jurisdiction restraining, enjoining or otherwise prohibiting the consummation of the transactions contemplated hereby.
Appears in 1 contract