Common use of Termination Upon Default Clause in Contracts

Termination Upon Default. (a) Either party shall have the right to terminate this Agreement upon occurrence of one or more of the following events: (i) failure by the other party to observe or perform that party’s obligations to the other hereunder or to comply with any provision of this Agreement, so long as the failure or nonperformance is not due to the actions of the terminating party; (ii) in the event any Financial Information (as defined below), representation, warranty, statement or certificate furnished to either party by the other in connection with this Agreement, or any separate material statement or document delivered or to be delivered hereunder by either party to the other, is materially false, misleading, or inaccurate as of the date made or delivered; and (iii) in the event a party hereto (or an affiliate of such party) defaults under any other agreement executed between the parties hereto (and/or any of their respective affiliates) and such default continues beyond any applicable notice and cure period provided for such default under such other agreement. (b) The Agreement may be terminated pursuant to subsection (a)(i) above only if the default continues for a period of thirty (30) days after the defaulting party receives written notice from the other party specifying the default in the case of a non-monetary default, or ten (10) days after the defaulting party receives written notice from the other party specifying the default in the case of a failure to pay any amount when due hereunder. (c) In addition to any other right to terminate this Agreement, a party may terminate this Agreement if the other party hereto, or such other party’s principals (as defined in Sections 12 or 13 above, as the case may be) is the subject of any of the following or if any of the following occurs with respect to such other party or such other party’s principals: insolvency, inability to pay its debts as they become due, the filing of a voluntary bankruptcy petition, the filing of an involuntary bankruptcy petition which is not dismissed within thirty (30) days after filing thereof, dissolution or termination of its existence as a going concern, or the appointment of a receiver for any part of its property.

Termination Upon Default. (a) Either party shall have the right to terminate this Agreement upon occurrence of one or more of the following events: (i) failure by the other party to observe or perform that party’s 's obligations to the other hereunder or to comply with any provision of this Agreement, so long as the failure or nonperformance is not due to the actions of the terminating party; (ii) in the event any Financial Information (as defined below), representation, warranty, statement or certificate furnished to either party by the other in connection with this Agreement, or any separate material statement or document delivered or to be delivered hereunder by either party to the other, is materially false, misleading, or inaccurate as of the date made or delivered; and (iii) in the event a party hereto (or an affiliate of such party) defaults under any other agreement executed between the parties hereto (and/or any of their respective affiliates) and such default continues beyond any applicable notice and cure period provided for such default under such other agreement. (b) The Agreement may be terminated pursuant to subsection (a)(iSubsection 16(a)(i) above only if the default continues for a period of thirty (30) days after the defaulting party receives written notice from the other party specifying the default in the case of a non-monetary default, or ten (10) days after the defaulting party receives written notice from the other party specifying the default in the case of a failure to pay any amount when due hereunder. (c) In addition to any other right to terminate this Agreement, a party may terminate this Agreement if the other party hereto, or such other party’s 's principals (as defined in Sections 12 or 13 above, as the case may be) is the subject of any of the following or if any of the following occurs with respect to such other party or such other party’s 's principals: insolvency, inability to pay its debts as they become due, the filing of a voluntary bankruptcy petition, the filing of an involuntary bankruptcy petition which is not dismissed within thirty (30) days after filing thereof, dissolution or termination of its existence as a going concern, or the appointment of a receiver for any part of its property.

Termination Upon Default. (a) Either Buyer or Seller may terminate this Agreement, effective upon written notice of termination to the other party, upon an occurrence of an Event of Default as to the other party. An "Event of Default" as to either party shall have the right to terminate this Agreement upon occurrence of one or more of the following eventsmean: (i) failure Failure by the other such party to observe or perform that party’s any of its obligations to the other hereunder or to comply with any provision of under this Agreement, so long as and such failure continues uncorrected for thirty (30) continuous days after notice thereof from the failure or nonperformance is not due to the actions of the terminating other party; (ii) in the event any Financial Information (as defined below), representation, warranty, statement or certificate furnished to either party by the other in connection with this Agreement, or any separate material statement or document delivered or to be delivered hereunder by either party to the other, is materially false, misleading, or inaccurate as Dissolution of the date made or deliveredsuch party; andor (iii) in The filing of a petition for relief as to such party as debtor or bankrupt under the event a Federal Bankruptcy Reform Act of 1978 or any similar law of any jurisdiction (except if such petition is contested by such party hereto and has been dismissed within sixty (or an affiliate 60) days); insolvency of such party) defaults under any other agreement executed between party as finally determined by a court proceeding; the parties hereto (and/or any of their respective affiliates) and such default continues beyond any applicable notice and cure period provided for such default under such other agreement. (b) The Agreement may be terminated pursuant to subsection (a)(i) above only if the default continues for a period of thirty (30) days after the defaulting party receives written notice from the other party specifying the default in the case of a non-monetary default, or ten (10) days after the defaulting party receives written notice from the other party specifying the default in the case of a failure to pay any amount when due hereunder. (c) In addition to any other right to terminate this Agreement, a party may terminate this Agreement if the other party hereto, or such other party’s principals (as defined in Sections 12 or 13 above, as the case may be) is the subject of any of the following or if any of the following occurs filing with respect to such other party or such other party’s principals: insolvency, inability to pay its debts as they become due, the filing of a voluntary bankruptcy petition, petition or application to accomplish the filing of an involuntary bankruptcy petition which is not dismissed within thirty (30) days after filing thereof, dissolution same or termination of its existence as a going concern, or for the appointment of a receiver or a trustee for any such party or a substantial part of its propertyassets; the commencement of any proceedings relating to such party under any other reorganization, arrangement, insolvency, adjustment of debt or liquidation law of any jurisdiction, whether now in existence or hereinafter in effect, either by such party or by another, provided that if such proceeding is commenced by another, such party indicates its approval of such proceeding, consents thereto or acquiesces therein, or such proceeding is contested by such party and has not been finally dismissed within sixty (60) days; notwithstanding the foregoing, the events described in this Section 9.01(b)(iii) shall not constitute an Event of Default on Buyer's part if, following the occurrence of any such event and its continuance, Buyer, if requested by Seller, pays for future shipments of coal tendered hereunder prior to shipment of such coal from the source mine, such payments to be based on Seller's good faith estimate, of the quantity of coal to be contained in each such shipment and adjusted promptly upon determination of the actual quantity of coal in such shipment as determined in accordance with Section 5.04 hereof.

Termination Upon Default. (a) a. Either party hereto shall have the right to terminate this Agreement upon occurrence of one or more of the following events: (i) i. failure by the other party to observe or perform that party’s obligations to the other hereunder or to comply with any provision of this Agreement, so long as the failure or nonperformance is not due to the actions of the terminating party; (ii) . in the event any Financial Information (as defined below)financial information, representation, warranty, statement or certificate furnished to either party by the other party in connection with this Agreement, or any separate material statement or document delivered or to be delivered hereunder by either party hereto to the otherother party, is materially false, misleading, or inaccurate as of the date made or delivered; and; (iii) . in the event a party hereto (or an affiliate of such party) defaults under any other agreement executed between the parties hereto (and/or any of their respective affiliates) and such default continues beyond any applicable notice and cure period provided for such default under such other agreement; or iv. without cause with 90 days prior written notice to the other party. (b) b. The Agreement may be terminated pursuant to subsection (a)(iSection 16(a)(i) above only if the default continues for a period of thirty (30) days after the defaulting party receives written notice from the other party specifying the default in the case of a non-monetary default, or ten (10) days after the defaulting party receives written notice from the other party specifying the default in the case of a failure to pay any amount when due hereunder. (c) c. In addition to any other right to terminate this Agreement, a party may terminate this Agreement if the other party hereto, or such other party’s principals (as defined in Sections Section 12 or Section 13 above, as the case may be) is the subject of any of the following or if any of the following occurs with respect to such other party or such other party’s principals: insolvency, inability to pay its debts as they become due, the filing of a voluntary bankruptcy petition, the filing of an involuntary bankruptcy petition which is not dismissed within thirty (30) days after filing thereof, dissolution or termination of its existence as a going concern, or the appointment of a receiver for any part of its property.

Termination Upon Default. (a) a. Either party hereto shall have the right to terminate this Agreement upon occurrence of one or more of the following events: (i) failure i. Failure by the other party to observe or perform that party’s obligations to the other hereunder or to comply with any provision of this Agreement, so long as the failure or nonperformance is not due to the actions of the terminating party; (ii) in . In the event any Financial Information (as defined below), ) representation, warranty, statement or certificate furnished to either party by the other in connection with this Agreement, or any separate material statement or document delivered or to be delivered hereunder by either party hereto to the otherother party, is materially false, misleading, or inaccurate as of the date made or delivered; and (iii) in . In the event a party hereto (or an affiliate of such party) defaults under any other agreement executed between the parties hereto (and/or any of their respective affiliates) and such default continues beyond any applicable notice and cure period provided for such default under such other agreement. (b) b. The Agreement may be terminated pursuant to subsection (a)(iSection 19(a)(i) above only if the default continues for a period of thirty THIRTY (30) days after the defaulting party receives written notice from the other party specifying the default in the case of a non-monetary default, or ten TEN (10) days after the defaulting party receives written notice from the other party specifying the default in the case of a failure to pay any amount when due hereunder. (c) c. In addition to any other right to terminate this Agreement, a party may terminate this Agreement if the other party hereto, or such other party’s principals (as defined in Sections 12 or 13 above, as the case may be) is the subject of any of the following or if any of the following occurs with respect to such other party or such other party’s principals: insolvency, inability to pay its debts as they become due, the filing of a voluntary bankruptcy petition, the filing of .of an involuntary bankruptcy petition which is not dismissed within thirty THIRTY (30) days after filing thereof, dissolution or termination of its existence as a going concern, or the appointment of a receiver for any part of its property. d. In order to preserve the goodwill of each Party with its customers, the Parties shall act in good faith and cooperate in order to ensure a smooth and orderly termination of their relationship and the termination of the Loan origination and marketing program contemplated hereunder. Unless prohibited by applicable Rules, or as otherwise provided in this Agreement, upon Lender’s written request CSO shall continue to service outstanding Loans following termination or expiration of this Agreement until all Loans are repaid or charged off in accordance with lender’s collection policies and procedures. Except as otherwise set forth in Section 13 herein, upon the termination or expiration of this Agreement, all rights and benefits herein granted to CSO (but none of the obligations of CSO hereunder) shall revert to Lender, and CSO shall immediately cease using Lender Loan Program and any Lender’s properties or materials.

Termination Upon Default. (a) a. Either party hereto shall have the right to terminate this Agreement upon occurrence of one or more of the following events: (i) failure i. Failure by the other party to observe or perform that party’s obligations to the other hereunder or to comply with any provision of this Agreement, so long as the failure or nonperformance is not due to the actions of the terminating party; (ii) in . In the event any Financial Information (as defined below), ) representation, warranty, statement or certificate furnished to either party by the other in connection with this Agreement, or any separate material statement or document delivered or to be delivered hereunder by either party hereto to the otherother party, is materially false, misleading, or inaccurate as of the date made or delivered; and (and iii) in . In the event a party hereto (or an affiliate of such party) defaults under any other agreement executed between the parties hereto (and/or any of their respective affiliates) and such default continues beyond any applicable notice and cure period provided for such default under such other agreement. (b) b. The Agreement may be terminated pursuant to subsection (a)(iSection 18(a)(i) above only if the default continues for a period of thirty THIRTY (30) days after the defaulting party receives written notice from the other party specifying the default in the case of a non-monetary default, or ten TEN (10) days after the defaulting party receives written notice from the other party specifying the default in the case of a failure to pay any amount when due hereunder. (c) c. In addition to any other right to terminate this Agreement, a party may terminate this Agreement if the other party hereto, or such other party’s principals (as defined in Sections 12 or 13 above, as the case may be) is the subject of any of the following or if any of the following occurs with respect to such other party or such other party’s principals: insolvency, inability to pay its debts as they become due, the filing of a voluntary bankruptcy petition, the filing of an involuntary bankruptcy petition which is not dismissed within thirty THIRTY (30) days after filing thereof, dissolution or termination of its existence as a going concern, or the appointment of a receiver for any part of its property. d. In order to preserve the goodwill of each Party with its customers, the Parties shall act in good faith and cooperate in order to ensure a smooth and orderly termination of their relationship and the termination of the Loan origination and marketing program contemplated hereunder. Unless prohibited by applicable Rules, or as otherwise provided in this Agreement, upon Lender’s written request CSO shall continue to service outstanding Loans following termination or expiration of this Agreement until all Loans are repaid or charged off in accordance with Lender’s collection policies and procedures. Except as otherwise set forth in Section 13 herein, upon the termination or expiration of this Agreement, all rights and benefits herein granted to CSO (but none of the obligations of CSO hereunder) shall revert to Lender, and CSO shall immediately cease using Lender Loan Program and any Lender’s properties or materials.

Termination Upon Default. (a) a. Either party hereto shall have the right to terminate this Agreement upon occurrence of one or more of the following events: (i) i. failure by the other party to observe or perform that party’s obligations to the other hereunder or to comply with any provision of this Agreement, so long as the failure or nonperformance is not due to the actions of the terminating party; (ii) . in the event any Financial Information (as defined below), ) representation, warranty, statement or certificate furnished to either party by the other in connection with this Agreement, or any separate material statement or document delivered or to be delivered hereunder by either party hereto to the otherother party, is materially false, misleading, or inaccurate as of the date made or delivered; and (iii) . in the event a party hereto (or an affiliate of such party) defaults under any other agreement executed between the parties hereto (and/or any of their respective affiliates) and such default continues beyond any applicable notice and cure period provided for such default under such other agreement. (b) b. The Agreement may be terminated pursuant to subsection (a)(i) Section 18.a.i. above only if the default continues for a period of thirty THIRTY (30) days after the defaulting party receives written notice from the other party specifying the default in the case of a non-monetary default, or ten TEN (10) days after the defaulting party receives written notice from the other party specifying the default in the case of a failure to pay any amount when due hereunder. (c) c. In addition to any other right to terminate this Agreement, a party may terminate this Agreement if the other party hereto, or such other party’s principals (as defined in Sections 12 or 13 above, as the case may be) is the subject of any of the following or if any of the following occurs with respect to such other party or such other party’s principals: insolvency, inability to pay its debts as they become due, the filing of a voluntary bankruptcy petition, the filing of an involuntary bankruptcy petition which is not dismissed within thirty THIRTY (30) days after filing thereof, dissolution or termination of its existence as a going concern, or the appointment of a receiver for any part of its property. d. In order to preserve the goodwill of each Party with its customers, the Parties shall act in good faith and cooperate in order to ensure a smooth and orderly termination of their relationship and the termination of the Loan origination and marketing program contemplated hereunder. Unless prohibited by applicable Rules, or as otherwise provided in this Agreement, upon Lender’s written request CSO shall continue to [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. SPECIAL LIMITED AGENCY AGREEMENT – PAGE 14 FIRST FINANCIAL LOAN COMPANY LLC – RISE CREDIT SERVICE OF TEXAS, LLC service outstanding Loans following termination or expiration of this Agreement until all Loans are repaid or charged off in accordance with Lender’s collection policies and procedures. Except as otherwise set forth in Section 13 herein, upon the termination or expiration of this Agreement, all rights and benefits herein granted to CSO (but none of the obligations of CSO hereunder) shall revert to Lender, and CSO shall immediately cease using Lender Loan Program and any Lender’s properties or materials.

Termination Upon Default. (a) a. Either party hereto shall have the right to terminate this Agreement upon occurrence of one or more of the following events: (i) i. failure by the other party to observe or perform that party’s obligations to the other hereunder or to comply with any provision of this Agreement, so long as the failure or nonperformance is not due to the actions of the terminating party; (ii) . in the event any Financial Information (as defined below)financial information, representation, warranty, statement or certificate furnished to either party by the other party in connection with this Agreement, or any separate material statement or document delivered or to be delivered hereunder by either party hereto to the otherother party, is materially false, misleading, or inaccurate as of the date made or delivered; andor (iii) . in the event a party hereto (or an affiliate of such party) defaults under any other agreement executed between the parties hereto (and/or any of their respective affiliates) and such default continues beyond any applicable notice and cure period provided for such default under such other agreement. (b) b. The Agreement may be terminated pursuant to subsection (a)(iSection 14(a)(i) above only if the default continues for a period of thirty (30) days after the defaulting party receives written notice from the other party specifying the default in the case of a non-monetary default, or ten (10) days after the defaulting party receives written notice from the other party specifying the default in the case of a failure to pay any amount when due hereunder. (c) c. In addition to any other right to terminate this Agreement, a party may terminate this Agreement if the other party hereto, or such other party’s principals (as defined in Sections 12 Section 10 or 13 Section 11 above, as the case may be) is the subject of any of the following or if any of the following occurs with respect to such other party or such other party’s principals: insolvency, inability to pay its debts as they become due, the filing of a voluntary bankruptcy petition, the filing of an involuntary bankruptcy petition which is not dismissed within thirty (30) days after filing thereof, dissolution or termination of its existence as a going concern, or the appointment of a receiver for any part of its property.

Termination Upon Default. (a) a. Either party hereto shall have the right to terminate this Agreement upon occurrence of one or more of the following events: (i) i. failure by the other party to observe or perform that party’s obligations to the other hereunder or to comply with any provision of this Agreement, so long as the failure or nonperformance is not due to the actions of the terminating party; (ii) . in the event any Financial Information (as defined below)financial information, representation, warranty, statement or certificate furnished to either party by the other party in connection with this Agreement, or any separate material statement or document delivered or to be delivered hereunder by either party hereto to the otherother party, is materially false, misleading, or inaccurate as of the date made or delivered; and; (iii) . in the event a party hereto (or an affiliate of such party) defaults under any other agreement executed between the parties hereto (and/or any of their respective affiliates) and such default continues beyond any applicable notice and cure period provided for such default under such other agreement; or iv. without cause with 120 days prior written notice to the other party. (b) b. The Agreement may be terminated pursuant to subsection (a)(iSection 14(a)(i) above only if the default continues for a period of thirty (30) days after the defaulting party receives written notice from the other party specifying the default in the case of a non-monetary default, or ten (10) days after the defaulting party receives written notice from the other party specifying the default in the case of a failure to pay any amount when due hereunder. (c) c. In addition to any other right to terminate this Agreement, a party may terminate this Agreement if the other party hereto, or such other party’s principals (as defined in Sections 12 Section 10 or 13 Section 11 above, as the case may be) is the subject of any of the following or if any of the following occurs with respect to such other party or such other party’s principals: insolvency, inability to pay its debts as they become due, the filing of a voluntary bankruptcy petition, the filing of an involuntary bankruptcy petition which is not dismissed within thirty (30) days after filing thereof, dissolution or termination of its existence as a going concern, or the appointment of a receiver for any part of its property.

Termination Upon Default. (a) a. Either party hereto shall have the right to terminate this Agreement upon occurrence of one or more of the following events: (i) failure i. Failure by the other party to observe or perform that party’s obligations to the other hereunder or to comply with any provision of this Agreement, so long as the failure or nonperformance is not due to the actions of the terminating party; (ii) in . In the event any Financial Information (as defined below), ) representation, warranty, statement or certificate furnished to either party by the other in connection with this Agreement, or any separate material statement or document delivered or to be delivered hereunder by either party hereto to the otherother party, is materially false, misleading, or inaccurate as of the date made or delivered; and (iii) in . In the event a party hereto (or an affiliate of such party) defaults under any other agreement executed between the parties hereto (and/or any of their respective affiliates) and such default continues beyond any applicable notice and cure period provided for such default under such other agreement. (b) b. The Agreement may be terminated pursuant to subsection (a)(iSection 19(a)(i) above only if the default continues for a period of thirty THIRTY (30) days after the defaulting party receives written notice from the other party specifying the default in the case of a non-monetary default, or ten TEN (10) days after the defaulting party receives written notice from the other party specifying the default in the case of a failure to pay any amount when due hereunder. (c) c. In addition to any other right to terminate this Agreement, a party may terminate this Agreement if the other party hereto, or such other party’s principals (as defined in Sections 12 or 13 above, as the case may be) is the subject of any of the following or if any of the following occurs with respect to such other party or such other party’s principals: insolvency, inability to pay its debts as they become due, the filing of a voluntary bankruptcy petition, the filing of an involuntary bankruptcy petition which is not dismissed within thirty THIRTY (30) days after filing thereof, dissolution or termination of its existence as a going concern, or the appointment of a receiver for any part of its property. d. In order to preserve the goodwill of each Party with its customers, the Parties shall act in good faith and cooperate in order to ensure a smooth and orderly termination of their relationship and the termination of the Loan origination and marketing program contemplated hereunder. Unless prohibited by applicable Rules, or as otherwise provided in this Agreement, upon Lender’s written request CSO shall continue to service outstanding Loans following termination or expiration of this Agreement until all Loans are repaid or charged off in accordance with Lender’s collection policies and procedures. Except as otherwise set forth in Section 13 herein, upon the termination or expiration of this Agreement, all rights and benefits herein granted to CSO (but none of the obligations of CSO hereunder) shall revert to Lender, and CSO shall immediately cease using Lender Loan Program and any Lender’s properties or materials.

Termination Upon Default. (a) a. Either party hereto shall have the right to terminate this Agreement upon occurrence of one or more of the following events: (i) failure i. Failure by the other party to observe or perform that party’s obligations to the other hereunder or to comply with any provision of this Agreement, so long as the failure or nonperformance is not due to the actions of the terminating party; (ii) in . In the event any Financial Information (as defined below), ) representation, warranty, statement or certificate furnished to either party by the other in connection with this Agreement, or any separate material statement or document delivered or to be delivered hereunder by either party hereto to the otherother party, is materially false, misleading, or inaccurate as of the date made or delivered; and (iii) in . In the event a party hereto (or an affiliate of such party) defaults under any other agreement executed between the parties hereto (and/or any of their respective affiliates) and such default continues beyond any applicable notice and cure period provided for such default under such other agreement. (b) b. The Agreement may be terminated pursuant to subsection (a)(iSection 18(a)(i) above only if the default continues for a period of thirty THIRTY (30) days after the defaulting party receives written notice from the other party specifying the default in the case of a non-monetary default, or ten TEN (10) days after the defaulting party receives written notice from the other party specifying the default in the case of a failure to pay any amount when due hereunder. (c) c. In addition to any other right to terminate this Agreement, a party may terminate this Agreement if the other party hereto, or such other party’s principals (as defined in Sections 12 or 13 above, as the case may be) is the subject of any of the following or if any of the following occurs with respect to such other party or such other party’s principals: insolvency, inability to pay its debts as they become due, the filing of a voluntary bankruptcy petition, the filing of an involuntary bankruptcy petition which is not dismissed within thirty THIRTY (30) days after filing thereof, dissolution or termination of its existence as a going concern, or the appointment of a receiver for any part of its property. d. In order to preserve the goodwill of each Party with its customers, the Parties shall act in good faith and cooperate in order to ensure a smooth and orderly termination of their relationship and the termination of the Loan origination and marketing program contemplated hereunder. Unless prohibited by applicable Rules, or as otherwise provided in this Agreement, upon Lender’s written request CSO shall continue to service outstanding Loans following termination or expiration of this Agreement until all Loans are repaid or charged off in accordance with Lender’s collection policies and procedures. Except as otherwise set forth in Section 13 herein, upon the termination or expiration of this Agreement, all rights and benefits herein granted to CSO (but none of the obligations of CSO hereunder) shall revert to Lender, and CSO shall immediately cease using Lender Loan Program and any Lender’s properties or materials.

Termination Upon Default. (a) Either party hereto shall have the right to terminate this Agreement upon occurrence of one or more of the following events: (i) failure by the other party to observe or perform that party’s obligations to the other hereunder or to comply with any provision of this Agreement, so long as the failure or nonperformance is not due to the actions of the terminating party; (ii) in the event any Financial Information (as defined below), representation, warranty, statement or certificate furnished to either party by the other party in connection with this Agreement, or any separate material statement or document delivered or to be delivered hereunder by either party hereto to the otherother party, is materially false, misleading, or inaccurate as of the date made or delivered; and (iii) in the event a party hereto (or an affiliate of such party) defaults under any other agreement executed between the parties hereto (and/or any of their respective affiliates) and such default continues beyond any applicable notice and cure period provided for such default under such other agreement. (b) The Agreement may be terminated pursuant to subsection (a)(i16(a)(i) above only if the default continues for a period of thirty (30) days after the defaulting party receives written notice from the other party specifying the default in the case of a non-monetary default, or ten (10) days after the defaulting party receives written notice from the other party specifying the default in the case of a failure to pay any amount when due hereunder. (c) In addition to any other right to terminate this Agreement, a party may terminate this Agreement if the other party hereto, or such other party’s principals (as defined in Sections 12 or 13 above, as the case may be) is the subject of any of the following or if any of the following occurs with respect to such other party or such other party’s principals: insolvency, inability to pay its debts as they become due, the filing of a voluntary bankruptcy petition, the filing of an involuntary bankruptcy petition which is not dismissed within thirty (30) days after filing thereof, dissolution or termination of its existence as a going concern, or the appointment of a receiver for any part of its property.

Termination Upon Default. (a) a. Either party hereto shall have the right to terminate this Agreement upon occurrence of one or more of the following events: (i) i. failure by the other party to observe or perform that party’s obligations to the other hereunder or to comply with any provision of this Agreement, so long as the failure or nonperformance is not due to the actions of the terminating party; (ii) . in the event any Financial Information (as defined below)financial information, representation, warranty, statement or certificate furnished to either party by the other party in connection with this Agreement, or any separate material statement or document delivered or to be delivered hereunder by either party hereto to the otherother party, is materially false, misleading, or inaccurate as of the date made or delivered; and; (iii) . in the event a party hereto (or an affiliate of such party) defaults under any other agreement executed between the parties hereto (and/or any of their respective affiliates) and such default continues beyond any applicable notice and cure period provided for such default under such other agreement; or iv. without cause with 120 days prior written notice to the other party. (b) b. The Agreement may be terminated pursuant to subsection (a)(iSection 16(a)(i) above only if the default continues for a period of thirty (30) days after the defaulting party receives written notice from the other party specifying the default in the case of a non-monetary default, or ten (10) days after the defaulting party receives written notice from the other party specifying the default in the case of a failure to pay any amount when due hereunder. (c) c. In addition to any other right to terminate this Agreement, a party may terminate this Agreement if the other party hereto, or such other party’s principals (as defined in Sections Section 12 or Section 13 above, as the case may be) is the subject of any of the following or if any of the following occurs with respect to such other party or such other party’s principals: insolvency, inability to pay its debts as they become due, the filing of a voluntary bankruptcy petition, the filing of an involuntary bankruptcy petition which is not dismissed within thirty (30) days after filing thereof, dissolution or termination of its existence as a going concern, or the appointment of a receiver for any part of its property.

Termination Upon Default. (a) a. Either party hereto shall have the right to terminate this Agreement upon occurrence of one or more of the following events: (i) i. failure by the other party to observe or perform that party’s obligations to the other hereunder or to comply with any provision of this Agreement, so long as the failure or nonperformance is not due to the actions of the terminating party; (ii) . in the event any Financial Information (as defined below), ) representation, warranty, statement or certificate furnished to either party by the other in connection with this Agreement, or any separate material statement or document delivered or to be delivered hereunder by either party hereto to the otherother party, is materially false, misleading, or inaccurate as of the date made or delivered; and (iii) . in the event a party hereto (or an affiliate of such party) defaults under any other agreement executed between the parties hereto (and/or any of their respective affiliates) and such default continues beyond any applicable notice and cure period provided for such default under such other agreement. (b) b. The Agreement may be terminated pursuant to subsection (a)(i) Section 18.a.i. above only if the default continues for a period of thirty THIRTY (30) days after the defaulting party receives written notice from the other party specifying the default in the case of a non-monetary default, or ten TEN (10) days after the defaulting party receives written notice from the other party specifying the default in the case of a failure to pay any amount when due hereunder. (c) c. In addition to any other right to terminate this Agreement, a party may terminate this Agreement if the other party hereto, or such other party’s principals (as defined in Sections 12 or 13 above, as the case may be) is the subject of any of the following or if any of the following occurs with respect to such other party or such other party’s principals: insolvency, inability to pay its debts as they become due, the filing of a voluntary bankruptcy petition, the filing of an involuntary bankruptcy petition which is not dismissed within thirty THIRTY (30) days after filing thereof, dissolution or termination of its existence as a going concern, or the appointment of a receiver for any part of its property. d. In order to preserve the goodwill of each Party with its customers, the Parties shall act in good faith and cooperate in order to ensure a smooth and orderly termination of their relationship and the termination of the Loan origination and marketing program contemplated hereunder. Unless prohibited by applicable Rules, or as otherwise provided in this Agreement, upon Xxxxxx’s written request CSO shall continue to service outstanding Loans following termination or expiration of this Agreement until all Loans are repaid or charged off in accordance with Xxxxxx’s collection policies and procedures. Except as otherwise set forth in Section 13 herein, upon the termination or expiration of this Agreement, all rights and benefits herein granted to CSO (but none of the obligations of CSO hereunder) shall revert to Lender, and CSO shall immediately cease using Lender Loan Program and any Lender’s properties or materials.

Termination Upon Default. (a) Either party Party shall have the right to terminate this Agreement upon the occurrence of one or more of the following events: (i) failure by the other party Party to observe or perform that partyParty’s obligations to the other hereunder Party or to comply with any provision of this Agreement, so long as the failure or nonperformance is not due to the actions of the terminating partyParty; (ii) in the event any Financial Information (as defined below), representation, warranty, statement or certificate furnished to either party Party by the other Party in connection with this Agreement, or any separate material statement or document delivered or to be delivered hereunder by either party to the other, Agreement is materially false, misleading, or inaccurate as of the date made or delivered; anddelivered and the same results in a Material Adverse Effect on or for the terminating Party ; (iii) in the event a party hereto Party (or an affiliate of such partyParty) defaults under any other agreement executed between the parties hereto Parties (and/or any of their respective affiliates) and such default continues beyond any applicable notice and cure period provided for such default under such other agreement.; or (bi) in the event that it is later determined by a regulatory agency that Enova is deemed to be a consumer reporting agency as a direct result of the existence of this Agreement and the relationship of the parties hereunder. The Agreement may be terminated pursuant to subsection Section 19(b)(i) or (a)(iii) above only if the default continues for a period of thirty (30) days after the defaulting party receives written notice from the other party specifying the default in the case of a non-monetary default, or ten (10) days after the defaulting party receives written notice from the other party specifying the default in the case of a failure to pay any amount when due hereunder. (c) In addition to any other right to terminate this Agreement, a party may terminate this Agreement if the other party hereto, or such other party’s principals (as defined in Sections 12 or 13 above, as the case may be) is the subject of any of the following or if any of the following occurs with respect to such other party or such other party’s principals: insolvency, inability to pay its debts as they become due, the filing of a voluntary bankruptcy petition, the filing of an involuntary bankruptcy petition which is not dismissed within thirty (30) days after filing thereof, dissolution or termination of its existence as a going concern, or the appointment of a receiver for any part of its property.

Termination Upon Default. (a) a. Either party hereto shall have the right to terminate this Agreement upon occurrence of one or more of the following events: (i) i. failure by the other party to observe or perform that party’s obligations to the other hereunder or to comply with any provision of this Agreement, so long as the failure or nonperformance is not due to the actions of the terminating party; (ii) . in the event any Financial Information (as defined below)financial information, representation, warranty, statement or certificate furnished to either party by the other party in connection with this Agreement, or any separate material statement or document delivered or to be delivered hereunder by either party hereto to the otherother party, is materially false, misleading, or inaccurate as of the date made or delivered; and; (iii) . in the event a party hereto (or an affiliate of such party) defaults under any other agreement executed between the parties hereto (and/or any of their respective affiliates) and such default continues beyond any applicable notice and cure period provided for such default under such other agreement; or iv. without cause with 90 days prior written notice to the other party. (b) b. The Agreement may be terminated pursuant to subsection (a)(iSection 15(a)(i) above only if the default continues for a period of thirty (30) days after the defaulting party receives written notice from the other party specifying the default in the case of a non-monetary default, or ten (10) days after the defaulting party receives written notice from the other party specifying the default in the case of a failure to pay any amount when due hereunder. (c) c. In addition to any other right to terminate this Agreement, a party may terminate this Agreement if the other party hereto, or such other party’s principals (as defined in Sections Section 11 or Section 12 or 13 above, as the case may be) is the subject of any of the following or if any of the following occurs with respect to such other party or such other party’s principals: insolvency, inability to pay its debts as they become due, the filing of a voluntary bankruptcy petition, the filing of an involuntary bankruptcy petition which is not dismissed within thirty (30) days after filing thereof, dissolution or termination of its existence as a going concern, or the appointment of a receiver for any part of its property.

Termination Upon Default. (a) Either party shall have the right to terminate this Agreement upon occurrence of one or more of the following events: (i) failure by the other party to observe or perform that party’s obligations to the other hereunder or to comply with any provision of this Agreement, so long as the failure or nonperformance is not due to the actions of the terminating party;; and (ii) in the event any Financial Information (as defined below), representation, warranty, statement or certificate furnished to either party by the other in connection with this Agreement, or any separate material statement or document delivered or to be delivered hereunder by either party to the other, is materially false, misleading, or inaccurate as of the date made or delivered; and (iii) in the event a party hereto (or an affiliate of such party) defaults under any other agreement executed between the parties hereto (and/or any of their respective affiliates) and such default continues beyond any applicable notice and cure period provided for such default under such other agreement. (b) The Agreement may be terminated pursuant to subsection (a)(i) above only if the default continues for a period of thirty (30) days after the defaulting party receives written notice from the other party specifying the default in the case of a non-monetary default, or ten (10) days after the defaulting party receives written notice from the other party specifying the default in the case of a failure to pay any amount when due hereunder. (c) In addition to any other right to terminate this Agreement, a party may terminate this Agreement if the other party hereto, or such other party’s principals (as defined in Sections 12 or 13 above, as the case may be) is the subject of any of the following or if any of the following occurs with respect to such other party or such other party’s principals: insolvency, inability to pay its debts as they become due, the filing of a voluntary bankruptcy petition, the filing of an involuntary bankruptcy petition which is not dismissed within thirty (30) days after filing thereof, dissolution or termination of its existence as a going concern, or the appointment of a receiver for any part of its property.

Termination Upon Default. (a) a. Either party hereto shall have the right to terminate this Agreement upon occurrence of one or more of the following events: (i) i. failure by the other party to observe or perform that party’s obligations to the other hereunder or to comply with any provision of this Agreement, so long as the failure or nonperformance is not due to the actions of the terminating party; (ii) . in the event any Financial Information (as defined below), ) representation, warranty, statement or certificate furnished to either party by the other in connection with this Agreement, or any separate material statement or document delivered or to be delivered hereunder by either party hereto to the otherother party, is materially false, misleading, or inaccurate as of the date made or delivered; and (iii) . in the event a party hereto (or an affiliate of such party) defaults under any other agreement executed between the parties hereto (and/or any of their respective affiliates) and such default continues beyond any applicable notice and cure period provided for such default under such other agreement. (b) b. The Agreement may be terminated pursuant to subsection (a)(i) Section 18.a.i. above only if the default continues for a period of thirty THIRTY (30) days after the defaulting party receives written notice from the other party specifying the default in the case of a non-monetary default, or ten TEN (10) days after the defaulting party receives written notice from the other party specifying the default in the case of a failure to pay any amount when due hereunder. (c) c. In addition to any other right to terminate this Agreement, a party may terminate this Agreement if the other party hereto, or such other party’s principals (as defined in Sections 12 or 13 above, as the case may be) is the subject of any of the following or if any of the following occurs with respect to such other party or such other party’s principals: insolvency, inability to pay its debts as they become due, the filing of a voluntary bankruptcy petition, the filing of an involuntary bankruptcy petition which is not dismissed within thirty THIRTY (30) days after filing thereof, dissolution or termination of its existence as a going concern, or the appointment of a receiver for any part of its property. d. In order to preserve the goodwill of each Party with its customers, the Parties shall act in good faith and cooperate in order to ensure a smooth and orderly termination of their relationship and FIRST FINANCIAL LOAN COMPANY LLC - RISE CREDIT SERVICE OF TEXAS, LLC [****] = “CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.” the termination of the Loan origination and marketing program contemplated hereunder. Unless prohibited by applicable Rules, or as otherwise provided in this Agreement, upon Lender’s written request CSO shall continue to service outstanding Loans following termination or expiration of this Agreement until all Loans are repaid or charged off in accordance with Lender’s collection policies and procedures. Except as otherwise set forth in Section 13 herein, upon the termination or expiration of this Agreement, all rights and benefits herein granted to CSO (but none of the obligations of CSO hereunder) shall revert to Lender, and CSO shall immediately cease using Lender Loan Program and any Lender’s properties or materials.

Termination Upon Default. (a) a. Either party hereto shall have the right to terminate this Agreement upon occurrence of one or more of the following events: (i) failure i. Failure by the other party to observe or perform that party’s obligations to the other hereunder or to comply with any provision of this Agreement, so long as the failure or nonperformance is not due to the actions of the terminating party; (ii) in . In the event any Financial Information (as defined below), ) representation, warranty, statement or certificate furnished to either party by the other in connection with this Agreement, or any separate material statement or document delivered or to be delivered hereunder by either party hereto to the otherother party, is materially false, misleading, or inaccurate as of the date made or delivered; and (iii) in . In the event a party hereto (or an affiliate of such party) defaults under any other agreement executed between the parties hereto (and/or any of their respective affiliates) and such default continues beyond any applicable notice and cure period provided for such default under such other agreement. (b) b. The Agreement may be terminated pursuant to subsection (a)(iSection 18(a)(i) above only if the default continues for a period of thirty THIRTY (30) days after the defaulting party receives written notice from the other party specifying the default in the case of a non-monetary default, or ten TEN (10) days after the defaulting party receives written notice from the other party specifying the default in the case of a failure to pay any amount when due hereunder. (c) c. In addition to any other right to terminate this Agreement, a party may terminate this Agreement if the other party hereto, or such other party’s principals (as defined in Sections 12 or 13 above, as the case may be) is the subject of any of the following or if any of the following occurs with respect to such other party or such other party’s principals: insolvency, inability to pay its debts as they become due, the filing of a voluntary bankruptcy petition, the filing of an involuntary bankruptcy petition which is not dismissed within thirty SIXTY (3060) days after filing thereof, dissolution or termination of its existence as a going concern, or the appointment of a receiver for any part of its property. d. In order to preserve the goodwill of each Party with its customers, the Parties shall act in good faith and cooperate in order to ensure a smooth and orderly termination of their relationship and the termination of the Loan origination and marketing program contemplated hereunder. Unless prohibited by applicable Rules, or as otherwise provided in this Agreement, upon Lender’s written request CSO shall continue to service outstanding Loans following termination or expiration of this Agreement until all Loans are repaid or charged off in accordance with Lender’s collection policies and procedures. Except as otherwise set forth in Section 13 herein, upon the termination or expiration of this Agreement, all rights and benefits herein granted to CSO (but none of the obligations of CSO hereunder) shall revert to Lender, and CSO shall immediately cease using Lender Loan Program and any Lender’s properties or materials.

Termination Upon Default. (a) Either party shall have the right to Party may terminate this Agreement upon occurrence of one or more of a Material Default by the following events: other Party hereunder. A Party shall be in Material Default hereunder if (i) failure by the other party to observe or perform that party’s obligations to the other hereunder or to comply with any provision of this Agreement, so long as the failure or nonperformance is not due to the actions of the terminating party; (ii) in the event any Financial Information (as defined below), representation, warranty, statement or certificate furnished to either party by the other in connection with this Agreement, or any separate material statement or document delivered or to be delivered hereunder by either party to the other, is materially false, misleading, or inaccurate as of the date made or delivered; and (iii) in the event a party hereto (or an affiliate of such party) defaults under any other agreement executed between the parties hereto (and/or any of their respective affiliates) and such default continues beyond any applicable notice and cure period provided for such default under such other agreement. (b) The Agreement may be terminated pursuant to subsection (a)(i) above only if the default continues for a period of thirty (30) days after the defaulting party receives written notice from the other party specifying the default in the case of a non-monetary default, or ten (10) days after the defaulting party receives written notice from the other party specifying the default in the case of a failure Party fails to pay any amount when due hereunder. (c) In addition to any other right to terminate this Agreement, a party may terminate this Agreement if the other party hereto, or such other party’s principals (as defined in Sections 12 or 13 above, as the case may be) is the subject of any of the following or if any of the following occurs with respect to such other party or such other party’s principals: insolvency, inability to pay its debts as they become due, the filing of a voluntary bankruptcy petition, the filing of an involuntary bankruptcy petition which is not dismissed sum payable hereunder within thirty (30) days after filing thereof, dissolution or termination of its existence as a going concernsame is due and payable, or (ii) such Party fails in any material respect to perform or comply with any of the appointment other terms, covenants, agreements or conditions hereof and such failure continues for more than sixty (60) days after written notice thereof from the other Party. The 60-day notices shall describe all of the reasons for the termination. In the event that a receiver Material Default (other than a default in the payment of money) is not reasonably susceptible to being cured within the sixty (60) day period, the defaulting Party shall not be terminated under this subsection 11.2 (a) for any part defaults as to which the Party receiving the notice commences correction or cure within 15 days of receiving notice, continues to diligently pursue correction or cure, and during the 60-day period makes substantial progress in correcting or curing (with delays caused by events of Force Majeure being excused with respect to all provisions of this subsection (a)), or (b) for defaults that are corrected or cured during the 60-day period. Owner may, in its propertydiscretion, elect to pursue an interim management agreement with Operator for the operation of CII until a replacement operator for CII is selected by Owner. In the event Owner elects to pursue an interim management agreement with Operator, the Parties agree to negotiate, in good faith, such interim management agreement.