Termination of Effectiveness. Following the end of the period during which the Company is obligated to keep the Registration Statement current and effective as described herein, each holder of Registrable Securities included in the Registration Statement shall discontinue sales thereof pursuant to such Registration Statement, unless such holder has received written notice from the Company of its intention to continue the effectiveness of such Registration Statement with respect to any of such securities which remain unsold.
Termination of Effectiveness. At the end of the period during which PRGX is obligated to keep a registration statement current and effective as described herein, each Holder of Registrable Securities included in the registration statement shall discontinue sales thereof pursuant to such registration statement, unless such Holder has received written notice from PRGX delivered in accordance with Section 9.1 hereof of its intention to continue the effectiveness of such registration statement with respect to any of such securities which remain unsold.
Termination of Effectiveness. At the end of the period during which Horizon is obligated to keep a registration statement current and effective as described herein, each Holder of Registrable Securities included in the registration statement shall discontinue sales thereof pursuant to such registration statement, unless such Holder has received written notice from Horizon delivered in accordance with Section 11.1 hereof of its intention to continue the effectiveness of such registration statement with respect to any of such securities which remain unsold.
Termination of Effectiveness. Immediately upon the effectiveness of an amendment of the Bank Agreement such that a Change of Control shall cease to constitute an "Event of Default" thereunder and not otherwise cause a prepayment or commitment reduction thereunder, the provisions of this paragraph 4F shall no longer be applicable to the Notes.
Termination of Effectiveness. At the end of the period during which Red Hat is obligated to keep a registration statement current and effective as described herein, each holder of Registrable Securities included in the registration statement shall discontinue sales thereof pursuant to such registration statement, unless such holder has received written notice from Red Hat of its intention to continue the effectiveness of such registration statement with respect to any of such securities which remain unsold.
Termination of Effectiveness. The amendments set forth in Section 2 hereof and the waiver set forth in Section 3 hereof shall cease to be effective on March 31, 2007 if the SCA IPO has not been consummated on or prior to such date.
Termination of Effectiveness. (a) The Waiver shall become effective upon signing and shall cease to be effective as of August 31, 2008 unless the following events have occurred on or prior to such date:
(i) the consummation of the Merger;
(ii) the Company having caused funds to be raised in the amount of at least $400,000,000 through the issuance of (A) a new series of senior notes (the “New Senior Notes”) or (B) other securities, both of which will be equal to or junior in right of payment to the Exchange Notes (as defined in Section 3 below), to fund the cash portion of the consideration payable in the Exchange Offer (as defined below);
(iii) the Company or XM Holdings having raised at least $500,000,000 through a contribution to the Company’s equity capital, the issuance and sale of convertible or exchangeable notes that will be junior in right of payment to the Exchange Notes or the issuance and sale of equity securities (it being understood that, the financing conditions in subsection (ii) above and this subsection (iii) are independent of each other resulting in an aggregate condition of $900,000,000 of financing);
(iv) the Company or XM Holdings having funded or contributed the necessary funds into a segregated account to fund the mandatory offer to repurchase all Senior Floating Rate Notes due 2013 of XM Inc. (the “Floating Rate Notes”) triggered by the Merger;
(v) the Company or XM Holdings having funded or contributed the necessary funds into a segregated account to fund the mandatory offer to repurchase transponders of the XM-4 satellite, triggered by the Merger under the sale and leaseback transaction pursuant to (A) the Participation Agreement, dated as of February 13, 2007, by and among XM Holdings, Xxxxx Fargo Bank Northwest in its capacity as Owner Trustee and other parties, (B) the lease agreement, dated as of February 13, 2007, by and between Xxxxx Fargo Bank Northwest, as Owner Trustee, and the Company and (C) the other related documents (the “Sale-Leaseback Transaction”);
(vi) the Company or XM Holdings having repaid all borrowings under Section 13 and related “credit facility” portions of the Third Amended and Restated Distribution and Credit Agreement, dated as of February 6, 2008, by and among General Motors Corporation, XM Holdings and XM Inc.;
(vii) with respect to XM Holdings’ 1.75% Convertible Senior Notes due 2009 (the “Convertible Senior Notes”), XM Holdings having obtained the consent of holders of at least 98% of the aggregate principal amount of such Con...
Termination of Effectiveness. Notwithstanding anything to the contrary contained herein, this Agreement shall be null and void in the event the conditions set forth in Section 5 and Sections 6 of the First Amendment to Loan Agreement, of even date herewith, by and between the Borrower and the TIF Lender are not fully satisfied as and when required in accordance with the terms thereof or otherwise waived in writing by the TIF Lender.
Termination of Effectiveness. In the event that the Borrower shall not have entered into the SBC Amendment on or before December 31, 2001, the amendments set forth above in Sections 1, 3(b), 4 and 5 of this Amendment and the consent set forth above in Section 6 of this Amendment shall cease to be of any further force and effect and the text of the Credit Agreement with respect to the Sections affected by such amendments shall continue to remain as set forth prior to the Effective Date.
Termination of Effectiveness. Following the end of the period during which the Company is obligated to keep any Registration Statement current and effective as described herein and following notice to Knight of the end of such period, Knight shall discontinue sales thereof pursuant to such Registration Statement, unless Knight has received written notice from the Company of its intention to continue the effectiveness of such Registration Statement with respect to any of such securities which remain unsold.
