Termination of Terms Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, the applicable Terms Agreement may be terminated by the Representative(s) by notice to the Company and the Guarantor at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 and 8 shall survive any such termination and remain in full force and effect.
Appears in 13 contracts
Samples: Agreement (Chubb LTD), Underwriting Agreement (ACE LTD), Terms Agreement (ACE LTD)
Termination of Terms Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, the applicable Terms Agreement may be terminated by the Representative(s) by notice to the Company and the Guarantor at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 hereof and except that Sections 1, 6, 7 and 8 hereof shall survive any such termination and remain in full force and effect.
Appears in 6 contracts
Samples: Terms Agreement (Chubb LTD), Terms Agreement (Chubb LTD), Underwriting Agreement (Chubb LTD)
Termination of Terms Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, the applicable Terms Agreement may be terminated by the Representative(s) by notice to the Company and the Guarantor at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 6 and 7 and 8 shall survive any such termination and remain in full force and effect.
Appears in 6 contracts
Samples: Underwriting Agreement (Ambac Financial Group Inc), Underwriting Agreement (Ambac Financial Group Inc), Underwriting Agreement (Ambac Financial Group Inc)
Termination of Terms Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, the applicable Terms Agreement may be terminated by the Representative(s) Representatives by notice to the Company and the Guarantor at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 4(b) and except that Sections 1, 6, 6 and 7 and 8 shall survive any such termination and remain in full force and effect.
Appears in 5 contracts
Samples: Underwriting Agreement (Caterpillar Financial Services Corp), Terms Agreement (Caterpillar Financial Services Corp), Underwriting Agreement (Caterpillar Financial Services Corp)
Termination of Terms Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, the applicable Terms Agreement may be terminated by the Representative(s) Mxxxxxx Lxxxx by notice to the Company and the Guarantor at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 and 8 shall survive any such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Merrill Lynch & Co Inc), Purchase Agreement (Merrill Lynch Depositor Inc)
Termination of Terms Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, the applicable Terms Agreement may be terminated by the Representative(s) Xxxxxxx Xxxxx by notice to the Company and the Guarantor at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 and 8 shall survive any such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Merrill Lynch Preferred Capital Trust V), Underwriting Agreement (Merrill Lynch Depositor Inc)
Termination of Terms Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, the applicable Terms Agreement may be terminated by the Representative(s) Representatives by notice to the Company and the Guarantor at any time at or prior to the Closing TimeTime (or such Date of Delivery, as applicable), and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 and 8 shall survive any such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Terms Agreement (Autozone Inc), Underwriting Agreement (Autozone Inc)
Termination of Terms Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, the applicable Terms Agreement may be terminated by the Representative(s) Representatives by notice to the Company and the Guarantor at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 and 8 shall survive any such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Autozone Inc), Underwriting Agreement (Autozone Inc)
Termination of Terms Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, the applicable Terms Agreement may be terminated by the Representative(s) Representative by notice to the Company and the Guarantor at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 and 8 shall survive any such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Merrill Lynch & Co Inc), Underwriting Agreement (Darden Restaurants Inc)
Termination of Terms Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, the applicable Terms Agreement may be terminated by the Representative(s) Representatives by written notice to the Company and the Guarantor at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 hereof and except that Sections 1, 6, 7 7, 8, 11 and 8 14 hereof shall survive any such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Terms Agreement (Suncor Energy Inc), Terms Agreement (Suncor Energy Inc)
Termination of Terms Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, the applicable Terms Agreement may be terminated by the Representative(s) Representative by notice to the Company and the Guarantor at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 7, 8 and 8 14 shall survive any such termination and remain in full force and effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Vectren Utility Holdings Inc), Underwriting Agreement (Vectren Utility Holdings Inc)
Termination of Terms Agreement. If any condition specified in this Section 5 Section5 shall not have been fulfilled when and as required to be fulfilled, the applicable Terms Agreement may be terminated by the Representative(s) Xxxxxxx Xxxxx by notice to the Company and the Guarantor at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 and 8 shall survive any such termination and remain in full force and effect.
Appears in 1 contract
Termination of Terms Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, the applicable Terms Agreement may be terminated by the Representative(s) [name of underwriter] by notice to the Company and the Guarantor at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 4(b) and except that Sections 1, 6, 6 and 7 and 8 shall survive any such termination and remain in full force and effect.
Appears in 1 contract
Samples: Underwriting Agreement (Caterpillar Financial Services Corp)
Termination of Terms Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, the applicable Terms Agreement may be terminated by the Representative(s) by notice to the Company and the Guarantor at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 14, 6, 7 and 8 13 shall survive any such termination and remain in full force and effect.
Appears in 1 contract
Samples: Terms Agreement (Wellpoint Inc)
Termination of Terms Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, the applicable Terms Agreement may be terminated by the Representative(s) [Lead Underwriter] by notice to the Company and the Guarantor at any time at or prior to the Closing Time, Time and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 and 8 shall survive any such termination and remain in full force and effect.
Appears in 1 contract
Samples: Underwriting Agreement and Terms Agreement (Kellwood Co)
Termination of Terms Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, the applicable Terms Agreement may be terminated by the Representative(s) Underwriters by notice to the Company and the Guarantor at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 7, 12 and 8 13 shall survive any such termination and remain in full force and effect.
Appears in 1 contract
Termination of Terms Agreement. If In addition to the termination provisions provided in Section 9 hereof, if any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, the applicable Terms Agreement may be terminated by the Representative(s) Xxxxxxx Xxxxx by notice to the Company and the Guarantor at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 and 8 shall survive any such termination and remain in full force and effect.
Appears in 1 contract
Samples: Underwriting Agreement (Cb Richard Ellis Services Inc)
Termination of Terms Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, the applicable Terms Agreement may be terminated by the Representative(s) Representative by notice to the Company and the Guarantor at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7 7, 8 and 8 13 shall survive any such termination and remain in full force and effect.
Appears in 1 contract
