Common use of Termination; Survival Following Termination Clause in Contracts

Termination; Survival Following Termination. (i) The Selling Stockholder, the Agent or the Forward Purchaser may terminate this Agreement prior to the end of the Agency Period, with respect to the sale of Shares by the Selling Stockholder (including through any Forward), by giving written notice as required by this Agreement, upon ten (10) Trading Days’ notice to the other party; provided that (A) if the Selling Stockholder terminates this Agreement after the Agent confirms to the Selling Stockholder any sale of Shares (or the Forward Purchaser confirms to the Selling Stockholder any sale of Forward Hedge Shares), the Selling Stockholder shall remain obligated to comply with Section 3(b)(v) with respect to such Shares or applicable Forward, as applicable, and (B) Section 2, 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 Shares, such sale shall nevertheless settle in accordance with the terms of this Agreement.

Appears in 1 contract

Samples: Terms Agreement (Carrols Restaurant Group, Inc.)

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Termination; Survival Following Termination. (i) The Selling Stockholder, the Agent or the Forward Purchaser Either party may terminate this Agreement prior to the end of the Agency Period, with respect to the sale of Shares by the Selling Stockholder (including through any Forward), by giving written notice as required by this Agreement, upon ten (10) Trading Days’ notice to the other party; provided that that, (A) if the Selling Stockholder Company terminates this Agreement after the Agent confirms to the Selling Stockholder Company any sale of Shares (or the Forward Purchaser confirms to the Selling Stockholder any sale of Forward Hedge Shares), the Selling Stockholder Company shall remain obligated to comply with Section 3(b)(v) with respect to such Shares or applicable Forward, as applicable, and (B) Section 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 Shares, such sale shall nevertheless settle in accordance with the terms of this Agreement. Except as set fort herein, upon termination of this Agreement, the Company shall not have any liability to the Agent for any discount, commission or other compensation with respect to any Shares not otherwise sold by the Agent under this Agreement.

Appears in 1 contract

Samples: Akero Therapeutics, Inc.

Termination; Survival Following Termination. (i) The Selling Stockholder, the Agent or the Forward Purchaser Either party may terminate this Agreement prior to the end of the Agency Period, with respect to the sale of Shares by the Selling Stockholder (including through any Forward), by giving written notice as required by this Agreement, upon ten (10) Trading Days’ notice to the other party; provided that that, (A) if the Selling Stockholder Company terminates this Agreement after the Exhibit 10.1 Agent confirms to the Selling Stockholder Company any sale of Shares (or the Forward Purchaser confirms to the Selling Stockholder any sale of Forward Hedge Shares), the Selling Stockholder Company shall remain obligated to comply with Section 3(b)(v) with respect to such Shares or applicable Forward, as applicable, and (B) Section 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 Shares, such sale shall nevertheless settle in accordance with the terms of this Agreement. Upon termination of this Agreement, the Company shall not have any liability to the Agent for any discount, commission or other compensation with respect to any Shares not otherwise sold by the Agent under this Agreement.

Appears in 1 contract

Samples: Deciphera Pharmaceuticals, Inc.

Termination; Survival Following Termination. (i) The Selling Stockholder, the Agent or the Forward Purchaser Either party may terminate this Agreement prior to the end of the Agency Period, with respect to the sale of Shares by the Selling Stockholder (including through any Forward), by giving written notice as required by this Agreement, upon ten (10) one Trading Days’ Day’s notice to the other party; provided that that, (A) if the Selling Stockholder Company terminates this Agreement after the Agent confirms to the Selling Stockholder Company any sale of Shares (or the Forward Purchaser confirms to the Selling Stockholder any sale of Forward Hedge Shares), the Selling Stockholder Company shall remain obligated to comply with Section 3(b)(v) with respect to such Shares or applicable Forward, as applicable, and (B) Section 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 Shares, such sale shall nevertheless settle in accordance with the terms of this Agreement. Upon termination of this Agreement, the Company shall not have any liability to the Agent for any discount, commission or other compensation with respect to any Shares not otherwise sold by the Agent under this Agreement.

Appears in 1 contract

Samples: Karyopharm Therapeutics Inc.

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Termination; Survival Following Termination. (i) The Selling Stockholder, the Agent or the Forward Purchaser Either party may terminate this Agreement prior to the end of the Agency Period, with respect Period upon five (5) Trading Days’ notice to the sale of Shares by the Selling Stockholder (including through any Forward)other party, by giving written notice as required by this Agreement, upon ten (10) Trading Days’ notice to the other party; provided that that, (A) if the Selling Stockholder Company terminates this Agreement after the Agent or Forward Seller confirms to the Selling Stockholder Company any sale of Shares (or the Forward Purchaser confirms to the Selling Stockholder any sale of Forward Hedge Shares), the Selling Stockholder Company shall remain obligated to comply with Section 3(b)(v3(b)(ix) or (x) with respect to such Shares or applicable Forward, as applicable, and (B) Section 2, 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 Shares, such sale shall nevertheless settle in accordance with the terms of this Agreement. If termination shall occur prior to the Settlement Date for any sale of Shares or Forward Hedge Settlement Date for the sale of any Forward Hedge Shares, such sale shall nevertheless settle in accordance with the terms of this Agreement.

Appears in 1 contract

Samples: Postal Realty Trust, Inc.

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