Termination; Survival Following Termination. The Company or the Agent may terminate this Agreement prior to the end of the Agency Period, by giving written notice as required by this Agreement, upon three Trading Days’ notice to the other party; provided that (i) if the Company terminates this Agreement after the Agent confirms to the Company any sale of Depositary Units, the Company shall remain obligated to comply with Section 3(b)(v) with respect to such Depositary Units and (ii) Section 6 shall survive termination of this Agreement. If termination shall occur prior to the Settlement Date for any sale of Depositary Units, such sale shall nevertheless settle in accordance with the terms of this Agreement.
Appears in 6 contracts
Samples: Open Market Sale Agreement (Icahn Enterprises L.P.), Open Market Sale Agreement (Icahn Enterprises Holdings L.P.), Open Market Sale Agreement (Icahn Enterprises Holdings L.P.)
Termination; Survival Following Termination. The Company or the Agent Either party may terminate this Agreement prior to the end of the Agency Period, by giving written notice as required by this Agreement, upon three one Trading Days’ Day’s notice to the other party; provided that that, (ia) if the Company terminates this Agreement after the Agent confirms to the Company any sale of Depositary UnitsShares, the Company shall remain obligated to comply with Section 3(b)(v2.02(e) with respect to such Depositary Units Shares and (iib) Section 6 Articles III, VI, VII and VIII shall survive termination of this Agreement. If termination shall occur prior to the Settlement Date for any sale of Depositary UnitsIssuance Shares, such sale shall nevertheless settle in accordance with the terms of this Agreement.
Appears in 2 contracts
Samples: Open Market Sale Agreement (Ener1 Inc), Open Market Sale Agreement (Ener1 Inc)
Termination; Survival Following Termination. The Company or the Agent Either party may terminate this Agreement prior to the end of the Agency Period, by giving written notice as required by this Agreement, upon three one Trading Days’ Day’s notice to the other party; provided that that, (iA) if the Company terminates this Agreement after the Agent confirms to the Company any sale of Depositary UnitsShares, the Company shall remain obligated to comply with Section 3(b)(v) with respect to such Depositary Units Shares and (iiB) Section 6 2, Section 3(d), Section 6, Section 7 and Section 8 shall survive termination of this Agreement. If termination shall occur prior to the Settlement Date for any sale of Depositary UnitsShares, such sale shall nevertheless settle in accordance with the terms of this Agreement.
Appears in 1 contract
Termination; Survival Following Termination. The Company or the Agent may terminate this Agreement prior to the end of the Agency Period, by giving written notice as required by this Agreement, upon three Trading Days’ notice to the other party; provided that (i) if the Company terminates this Agreement after the Agent confirms to the Company any sale of Depositary Units, the Company shall remain obligated to comply with Section 3(b)(v) with respect to such Depositary Units and (ii) Section 6 Sections 2, 6, 7 and 9 shall survive termination of this Agreement. If termination shall occur prior to the Settlement Date for any sale of Depositary Units, such sale shall nevertheless settle in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Open Market Sale Agreement (Icahn Enterprises L.P.)
Termination; Survival Following Termination. The Company or the Agent Either party may terminate this Agreement prior to the end of the Agency Period, by giving written notice as required by this Agreement, upon three ten (10) Trading Days’ notice to the other party; provided that that, (iA) if the Company terminates this Agreement after the Agent confirms to the Company any sale of Depositary UnitsShares, the Company shall remain obligated to comply with Section 3(b)(v) with respect to such Depositary Units Shares and (iiB) Section 6 2, Section 3(d), Section 6, Section 7 and Section 8 shall survive termination of this Agreement. If termination shall occur prior to the Settlement Date for any sale of Depositary UnitsShares, such sale shall nevertheless settle in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Open Market Sale Agreement (Pieris Pharmaceuticals, Inc.)