Termination of the Investment Agreement. The parties hereby agree, by mutual consent, to terminate the Investment Agreement between the Company and the Lender dated January 27, 2010 (the “Investment Agreement”), and consider funds paid to the Company pursuant to the Investment Agreement as part of the Principal as detailed in Section 2.1 below.
Termination of the Investment Agreement. Immediately upon consummation of the Exchange and Repurchase on the Closing Date, the Investment Agreement shall be terminated and shall become null and void and of no further force and effect, and each party to the Investment Agreement shall be fully and unconditionally discharged and released from any and all obligations, liabilities and claims based upon, or arising from or under, or relating to, the Investment Agreement; provided, however, that the indemnification provisions of clause (ii) of Section 11.05(a) (and, solely insofar as they relate to clause (ii) of Section 11.05(a), Sections 11.05(c), 11.06 (except that the address of the Company in paragraph (a) thereof shall be amended to read "Oxford Health Plans, Inc., 48 Mxxxxx Xxxxxxxx, Xxxxxxxx, XX 00000, Xxtention: General Counsel"), 11.09 and 11.10(a)) of the Investment Agreement shall remain in full force and effect in respect of any litigation, claims, suits, proceedings, penalties, costs, liabilities, damages and expenses as a result of, relating to or arising out of acts, omissions or events that occur on or before the Closing Date. Notwithstanding such termination of the Investment Agreement, the Registration Rights Agreement, dated as of February 23, 1998, between the Company and TPG Oxford LLC, shall remain in full force and effect.
Termination of the Investment Agreement. 1.1 At 00:00 AM (New York time) on the date of commencement of trading of ADS to be issued for the IPO, the Joint Investment Agreement and the Relevant Agreement shall be terminated without a separate notice from any Party.
Termination of the Investment Agreement. 14 .1 You should note that termination of this Investment Agreement will also trigger the closure of your EIS Share Account and fees, and charges may be levied by the Administrator in accordance with its terms of business.
Termination of the Investment Agreement. ARM may elect to terminate this Agreement with immediate effect, or with effect from a specified date, if the Investment Agreement terminates for any reason prior to the Closing (as such term is defined in the Investment Agreement).
Termination of the Investment Agreement. As of the Effective Date, XOMA Bermuda and Millennium hereby terminate the Investment Agreement pursuant to Section 6.1(a) of the Investment Agreement; provided however, that Article VII of the Investment Agreement shall remain in full force and effect as set forth in the Investment Agreement.
Termination of the Investment Agreement. Effective as of immediately prior to the consummation of the Offering, all rights and obligations of the parties hereto under the Investment Agreement, including without limitation the Put/Call Rights, shall terminate and the Investment Agreement shall have no further force and effect.
Termination of the Investment Agreement. Effective as of the date hereof, the Investment Agreement shall be terminated pursuant to Section 9.01(a) thereof and shall be of no further force and effect except as otherwise set forth in Section 9.02 thereof.
Termination of the Investment Agreement. In accordance with Section 7.01(a) of the Investment Agreement, the Company and Unistar hereby agree by mutual written consent to terminate the Investment Agreement, effective as of the Termination Date. Pursuant to and in accordance with Section 7.02 of the Investment Agreement, the Investment Agreement shall become null and void (except as expressly set forth in Section 7.02 thereunder), and there shall be no liability on the part of Unistar or the Company or their respective directors, officers and Affiliates in connection with Investment Agreement, except that no such termination shall relieve any party from liability for damages to another party (i) resulting from fraud, or (ii) for any breach of the Investment Agreement occurring prior to termination.
Termination of the Investment Agreement. Pursuant to Article XV of the Investment Agreement, each Party to the Investment Agreement hereby agrees that, as of the Effective Date, the Investment Agreement shall be terminated and shall be of no further force or effect, and, notwithstanding anything to the contrary in the Investment Agreement, any liabilities or obligations outstanding prior to the Effective Date under or arising out of the Investment Agreement shall be deemed to be fully extinguished and any amounts owing from one Party to any other Party on or prior to the Effective Date under or arising out of the Investment Agreement shall be deemed to have been fully satisfied. As of the Effective Date, each Party to the Investment Agreement irrevocably and unconditionally waives any and all rights of such Party under or arising out of the Investment Agreement.
