Common use of Termination of Obligations to Effect Closing; Effects Clause in Contracts

Termination of Obligations to Effect Closing; Effects. (a) The obligations of the Company, on the one hand, and the Securityholders, on the other hand, to effect the Closing shall terminate as follows: (i) Upon the mutual written consent of the Company and the Required Securityholders; (ii) By either the Company or Dolphin if the Closing shall not have occurred by June 30, 2004. provided, however, that, except in the case of clause (i) above, the party or parties seeking to terminate its obligation to effect the Closing shall not then be in breach of any of its representations, warranties, covenants or agreements contained in this Agreement if such breach has resulted in the circumstances giving rise to such party's seeking to terminate its obligation to effect the Closing. (b) Nothing in this Section 4 shall be deemed to release any party from any liability for any breach by such party of the terms and provisions of this Agreement or the other Transaction Documents or to impair the right of any party to compel specific performance by any other party of its obligations under this Agreement or the other Transaction Documents.

Termination of Obligations to Effect Closing; Effects. (a) The obligations of the Company, on the one hand, and the SecurityholdersInvestors, on the other hand, to effect the Closing each Closing, shall terminate as follows: (i) Upon the mutual written consent of the Company and the Required Securityholders;Investors; or (ii) By either the Company or Dolphin an Investor, solely with respect to itself, if the Initial Closing shall has not have occurred by June on or prior to September 30, 2004. 2024; provided, however, that, except in the case of clause (i) above, the party or parties seeking to terminate its obligation to effect the such Closing shall not then be in breach of any of its representations, warranties, covenants or agreements contained in this Agreement or the other Transaction Documents if such breach has resulted in the circumstances giving rise to such party's ’s seeking to terminate its obligation to effect the Initial Closing. (b) Nothing in this Section 4 5.5 shall be deemed to release any party from any liability for any breach by such party of the terms and provisions of this Agreement or the other Transaction Documents or to impair the right of any party to compel specific performance by any other party of its obligations under this Agreement or the other Transaction Documents.

Termination of Obligations to Effect Closing; Effects. (a) The obligations of the Company, on the one hand, and the SecurityholdersInvestors, on the other hand, to effect the a Closing shall terminate as follows: (i) Upon the mutual written consent of the Company and the Required Securityholders;Investors; or (ii) By either the Company or Dolphin the Investors if the Initial Closing shall has not have occurred by June 30on or prior to November 6, 2004. 2023; provided, however, that, except in the case of clause (i) above, the party or parties seeking to terminate its obligation to effect the Initial Closing shall not then be in breach of any of its representations, warranties, covenants or agreements contained in this Agreement or the other Transaction Documents if such breach has resulted in the circumstances giving rise to such party's ’s seeking to terminate its obligation to effect the Initial Closing. (b) Nothing in this Section 4 5.3 shall be deemed to release any party from any liability for any breach by such party of the terms and provisions of this Agreement or the other Transaction Documents or to impair the right of any party to compel specific performance by any other party of its obligations under this Agreement or the other Transaction Documents.