Termination of Securities Purchase Agreement. Notwithstanding anything to the contrary contained herein, in the event that the Securities Purchase Agreement is terminated in accordance with its terms prior to the Closing, this Amendment and all rights and obligations of the parties hereunder shall automatically terminate and be of no further force or effect.
Termination of Securities Purchase Agreement. Subject to satisfaction (or waiver) of the conditions to the Closing, as set forth in Sections 6 and 7 below, upon the occurrence of the Closing, the Investor hereby consents to and approves the transactions contemplated hereby, hereby further consents to the termination of the Original CAP Purchase Agreement and hereby agrees that the Original CAP Purchase Agreement is hereby terminated in all respects as of the Closing.
Termination of Securities Purchase Agreement. Subject to satisfaction (or waiver) of the conditions to the Closing, as set forth in Sections 6 and 7 below, upon the occurrence of the Closing, the Investor, if the Investor is a Bridge Purchaser, hereby consents to and approves the transactions contemplated hereby, hereby further consents to the termination of the Existing Bridge Securities Purchase Agreement, and hereby agrees that the Existing Bridge Securities Purchase Agreement is hereby terminated in all respects as of the Closing.
Termination of Securities Purchase Agreement. As of the Closing, the Company and the Warrant Holders shall have terminated the Securities Purchase Agreement, dated May 23, 2001 (the "Securities Purchase Agreement"), by executing the Securities Purchase Termination Agreement attached hereto as Exhibit F. Thereafter neither the Company nor the Warrant Holders shall have any rights, liabilities or obligations thereunder.
Termination of Securities Purchase Agreement. Each Shareholder agrees that, effective as of the Effective Time, the Securities Purchase Agreement will automatically be terminated without any liability or obligation being imposed on Parent or any of its Subsidiaries (including the Subsidiaries of the Surviving Corporation). From the date hereof through the date on which the Securities Purchase Agreement is terminated, without the prior written consent of Parent, no Shareholder shall exercise any of its rights under Section 4.6 of the Securities Purchase Agreement. In furtherance of the foregoing, effective as of the Effective Time, each Shareholder for itself and on behalf of its respective controlled affiliates (which, for the avoidance of doubt, shall not include other family members other than such Shareholder’s spouse and children sharing the same household) and each of its and their respective successors and assigns hereby irrevocably, knowingly and voluntarily releases, discharges and forever waives and relinquishes all claims, demands, liabilities, defenses, affirmative defenses, setoffs, counterclaims, actions and causes of action of whatever kind or nature, whether known or unknown, which any such person has, may have or might have or may assert now or in the future, against the Company or any of its Subsidiaries and their respective successors (including Parent), assigns, officers and directors, arising out of, based upon or resulting from the Securities Purchase Agreement, whether known or unknown, and which occurred, existed, was taken, permitted or begun prior to the Effective Time. Each such releasing party shall, and shall cause each of its controlled affiliates (which, for the avoidance of doubt, shall not include other family members other than such Shareholder’s spouse and children sharing the same household) to, refrain from, directly or indirectly, asserting any claim or demand or commencing, instituting or maintaining, or causing to be commenced, instituted or maintained any legal or arbitral proceeding of any kind against the Company or any of its Subsidiaries and their respective successors (including Parent), assigns, officers and directors based upon any matter released pursuant to this Section 4.
Termination of Securities Purchase Agreement. The Shareholder agrees that, effective as of the Effective Time, the Securities Purchase Agreement will automatically be terminated without any liability or obligation being imposed on Parent or any of its Subsidiaries (including the Subsidiaries of the Surviving Corporation). From the date hereof through the date on which the Securities Purchase Agreement is terminated, without the prior written consent of Parent, the Shareholder shall not, and WLR LLC shall cause the Shareholder not to, exercise any of its rights under Section 4.6 of the Securities Purchase Agreement.
Termination of Securities Purchase Agreement. The Companies, on the one hand, and Pacific Life, on the other hand, hereby terminate the Securities Purchase Agreement pursuant to, and in accordance with, Section 10.1(a) of the Securities Purchase Agreement. In connection with the termination of the Securities Purchase Agreement, all further obligations of the parties under the Securities Purchase Agreement, including the obligations set forth in Section 7.3 of the Securities Purchase Agreement, except as is set forth in the next sentence of this Section 1, shall be terminated without further liability or obligation on the part of any party. The Companies have agreed that within five (5) business days after the date of this Agreement, to pay any invoices previously submitted by Pacific Life which remain unpaid and any final closing invoice submitted by Pacific Life within such period with respect to expenses actually incurred by Pacific Life pursuant to Section 7.3.
Termination of Securities Purchase Agreement. With respect to the Securities Purchase Agreement dated March 7, 2007 pursuant to which the Company issued to certain investors the Notes, the Series A Warrants and the Series B Warrants, the Company and the Required Holders (as the holders of at least 60% of the aggregate number of shares issuable collectively under the Notes, the Series A Warrants and the Series B Warrants) hereby agree to terminate such agreement, effective upon the Closing.
Termination of Securities Purchase Agreement. Effective upon the execution and delivery of the Assignment and Assumption Agreement, the Securities Purchase Agreement is hereby terminated and shall be of no further force and effect.
Termination of Securities Purchase Agreement. Effective as of the Effective Date (as defined below), the Parties and the Company hereby agree that the Securities Purchase Agreement shall be null and void and of no further force or effect. Notwithstanding anything to the contrary contained in the Securities Purchase Agreement, no provision which by its terms provides that it survives the termination of the Securities Purchase Agreement shall survive termination pursuant to this Settlement Agreement. 3.
