Waiver of Certain Termination Rights Sample Clauses

Waiver of Certain Termination Rights. The extension or waiver of certain Milestones as set forth in this Amendment is being effectuated in accordance with Section 4 of the Restructuring Support Agreement, and, therefore, such extension or waiver shall not constitute a Restructuring Support Party Termination Event pursuant to Section 7(a) of the Restructuring Support Agreement, or any other breach by any of the Debtors or the Restructuring Support Parties under the Restructuring Support Agreement, including, without limitation, a breach of the Debtors’ commitments under Section 6 of the Restructuring Support Agreement. [Signature pages follow.] MAGNUM HUNTER RESOURCES CORPORATION By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Chief Financial Officer ALPHA HUNTER DRILLING, LLC By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Chief Financial Officer XXXXXX XXXXXX, LLC By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Chief Financial Officer XXXXXX XXXXXX CANADA, INC. By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Chief Financial Officer ENERGY HUNTER SECURITIES, INC. By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Chief Financial Officer HUNTER AVIATION, LLC. By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Chief Financial Officer HUNTER REAL ESTATE, LLC. By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Chief Financial Officer MAGNUM HUNTER MARKETING, LLC. By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Chief Financial Officer MAGNUM HUNTER PRODUCTION, INC. By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Chief Financial Officer MAGNUM HUNTER RESOURCES GP, LLC. By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Chief Financial Officer MAGNUM HUNTER RESOURCES, LP By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Chief Financial Officer MAGNUM HUNTER SERVICES, LLC By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Chief Financial Officer NGAS GATHERING, LLC By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Chief Financial Officer NGAS HUNTER, LLC By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Chief Financial Officer PRC WILLISTON, LLC By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Chief Financial Officer SHALE HUNTER, LLC By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Chief Financial Officer TRIAD HOLDINGS, LLC By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Chief Financial Officer TRIAD HUNTER, LLC By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Chief Financial Officer VIKING INTERNAT...
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Waiver of Certain Termination Rights. Nothing in this Amendment shall constitute a Restructuring Support Party Termination Event pursuant to Sub-Clause (a) of Section 7 the Restructuring Support Agreement or an individual termination right pursuant to Section 9 of the Restructuring Support Agreement, or any other breach by any of the Debtors or the Restructuring Support Parties under the Restructuring Support Agreement, including, without limitation, a breach of the Debtors’ commitments under Section 6 of the Restructuring Support Agreement. [Signatures and exhibits follow.] [Signatures Pages Redacted.]
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Waiver of Certain Termination Rights. Assistant General Manager expressly waives any rights afforded under state or federal law, including Government Code §§ 54950 et seq. (“Xxxxx Act”), to any form of pre- or post-termination hearing, appeal, or other administrative process pertaining to termination, except those rights Assistant General Manager may have under the California or United States constitutions to a name-clearing hearing.
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Waiver of Certain Termination Rights. The amendment to the RSA as set forth in this Amendment is being effectuated in accordance with the RSA, and, therefore, shall not constitute a termination event thereunder or otherwise constitute a breach by any of the Parties under the RSA.
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Waiver of Certain Termination Rights. Each of the Required Amendment Parties hereby waives, as applicable, the termination rights set forth in Section 8.01(b), Section 8.02(a), and Section 8.04(a) of the Restructuring Support Agreement that may exist as of the effective date of this Amendment. Debtor Signature Page to the Plan Support and Lock-Up Agreement ENERGY FUTURE HOLDINGS CORP. TEXAS COMPETITIVE ELECTRIC HOLDINGS COMPANY LLC 4CHANGE ENERGY COMPANY 4CHANGE ENERGY HOLDINGS LLC BIG XXXXX 3 POWER COMPANY LLC BIG XXXXX LIGNITE COMPANY LLC BIG XXXXX POWER COMPANY LLC BRIGHTEN ENERGY LLC BRIGHTEN HOLDINGS LLC COLLIN POWER COMPANY LLC DALLAS POWER AND LIGHT COMPANY, INC. XXXXXXXXX POWER COMPANY LLC XXXXXXXXX II POWER COMPANY LLC EAGLE MOUNTAIN POWER COMPANY LLC EEC HOLDINGS, INC. EECI, INC. EFH AUSTRALIA (NO. 2) HOLDINGS COMPANY EFH CORPORATE SERVICES COMPANY EFH FINANCE (NO. 2) HOLDINGS COMPANY EFH FS HOLDINGS COMPANY EFH RENEWABLES COMPANY LLC EFIH FINANCE INC. ENERGY FUTURE COMPETITIVE HOLDINGS COMPANY LLC ENERGY FUTURE INTERMEDIATE HOLDING COMPANY LLC GENERATION DEVELOPMENT COMPANY LLC GENERATION MT COMPANY LLC GENERATION SVC COMPANY LAKE CREEK 3 POWER COMPANY LLC LONE STAR ENERGY COMPANY, INC. LONE STAR PIPELINE COMPANY, INC. LSGT GAS COMPANY LLC LSGT SACROC, INC. LUMINANT BIG XXXXX MINING COMPANY LLC LUMINANT ENERGY COMPANY LLC LUMINANT ENERGY TRADING CALIFORNIA COMPANY LUMINANT ET SERVICES COMPANY LUMINANT GENERATION COMPANY LLC LUMINANT HOLDING COMPANY LLC LUMINANT MINERAL DEVELOPMENT COMPANY LLC LUMINANT MINING COMPANY LLC LUMINANT RENEWABLES COMPANY LLC XXXXXX LAKE 4 POWER COMPANY LLC MONTICELLO 4 POWER COMPANY LLC XXXXXX CREEK 7 POWER COMPANY LLC NCA DEVELOPMENT COMPANY LLC NCA RESOURCES DEVELOPMENT COMPANY LLC OAK GROVE MANAGEMENT COMPANY LLC OAK GROVE MINING COMPANY LLC OAK GROVE POWER COMPANY LLC SANDOW POWER COMPANY LLC SOUTHWESTERN ELECTRIC SERVICE COMPANY, INC. TCEH FINANCE, INC. TEXAS ELECTRIC SERVICE COMPANY, INC. TEXAS ENERGY INDUSTRIES COMPANY, INC. TEXAS POWER AND LIGHT COMPANY, INC. TEXAS UTILITIES COMPANY, INC. TEXAS UTILITIES ELECTRIC COMPANY, INC. TRADINGHOUSE 3 & 4 POWER COMPANY LLC TRADINGHOUSE POWER COMPANY LLC TXU ELECTRIC COMPANY, INC. TXU ENERGY RETAIL COMPANY LLC TXU ENERGY SOLUTIONS COMPANY LLC TXU RETAIL SERVICES COMPANY TXU SEM COMPANY VALLEY NG POWER COMPANY LLC VALLEY POWER COMPANY LLC By: /s/ Xxxxxxx X.Xxxxxx Name: Xxxxxxx X.Xxxxxx Title: Senior Vice President & Treasurer EXHIBIT A AMENDED AND RESTATED TERM SHEET Execution Version THIS TERM SHEET IS NOT AN...
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Waiver of Certain Termination Rights. Nothing in this Amendment shall constitute a Restructuring Support Party Termination Event pursuant to Sub-Clause (a) of Section 7 the Restructuring Support Agreement or an individual termination right pursuant to Section 9 of the Restructuring Support Agreement, or any other breach by any of the Debtors or the Restructuring Support Parties under the Restructuring Support Agreement, including, without limitation, a breach of the Debtors’ commitments under Section 6 of the Restructuring Support Agreement. [Signatures and exhibits follow.] [Signatures Pages Redacted.] EXHIBIT A Plan Modification Term Sheet Execution Version EXXI – Plan Modification Term Sheet1
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Waiver of Certain Termination Rights. Subject to the terms and conditions hereof, Watford hereby irrevocably waives his right to terminate his employment pursuant to Section 1 and Section 4.B of the Employment Agreement in connection with the Extension that occurred on February 1, 2016. For the sake of clarity, Watford is not waiving the right to terminate his employment pursuant to Section 1 and Section 4.B in connection with any future extension of his employment pursuant to the Employment Agreement.
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Waiver of Certain Termination Rights. Subject to the terms and conditions set forth herein: (i) Company Parent hereby waives its right to terminate the Merger Agreement pursuant to Section 9.1(b)(ii) therein to the extent that such termination is based off the failure to fulfill a condition that has been waived pursuant to this Amendment; and (ii) Holdings hereby waives its right to terminate the Merger Agreement pursuant to Section 9.1(c)(ii) therein to the extent that such termination is based off the failure to fulfill a condition that has been waived pursuant to this Amendment.
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Related to Waiver of Certain Termination Rights

  • Effect of Certain Terminations In the event of termination of this Agreement pursuant to Article VII, written notice thereof shall be given to the other party or parties, specifying the provision of this Agreement pursuant to which such termination is made, and this Agreement, except for the last sentence of Section 5.2, Section 5.5, Section 5.6, Article VII and Article VIII, shall forthwith become null and void and there shall be no liability on the part of any party to this Agreement and all rights and obligations of the parties hereto under this Agreement shall terminate, except for the last sentence of Section 5.2 and the provisions of Section 5.5, Section 5.6, Article VII and Article VIII shall survive such termination; provided that nothing herein shall relieve any party hereto from any liability for any intentional or willful and material breach by such party of any of its representations, warranties, covenants or agreements set forth in this Agreement and all rights and remedies of a nonbreaching party under this Agreement in the case of such intentional or willful and material breach, at law or in equity, shall be preserved.

  • Survival of Certain Terms The provisions of Sections 9, 10, 11, 14 and 22 of this Agreement shall survive the termination of this Agreement; provided, however, that the survival of such provisions after the termination of this Agreement shall in no way constitute an extension of the Term. Except as set forth in the prior sentence, all other rights and obligations of the Parties shall cease upon termination of this Agreement.

  • Termination of Certain Rights The Company’s obligations under Sections 4.1 and 4.2 above will terminate upon the closing of the Company’s initial public offering of Common Stock pursuant to an effective registration statement filed under the Securities Act, or upon a merger, acquisition or other business combination in which the holders of the Company’s outstanding capital stock immediately prior to the transaction do not retain a majority of the voting capital stock in the surviving corporation.

  • DISAPPLICATION OF CERTAIN TERMINATION EVENTS The "Tax Event Upon Merger" provision of Section 5(b)(iii) will not apply to Party A or to Party B. The "Tax Event" provision of Section 5(b)(ii) will not apply to Party B and will apply to Party A, provided that:

  • Waiver of Certain Rights Each Member irrevocably waives any right it may have to maintain any action for dissolution of the Company or for partition of the property of the Company.

  • Certain Terminations The termination of any Proceeding or of any claim, issue, or matter therein by judgment, order, settlement, or conviction, or upon a plea of nolo contendere or its equivalent, shall not (except as otherwise expressly provided in this Agreement) of itself create a presumption that Indemnitee did not act in good faith and in a manner which Indemnitee reasonably believed to be in or not opposed to the best interests of the Company or, with respect to any criminal action or Proceeding, that Indemnitee had reasonable cause to believe that Indemnitee’s conduct was unlawful.

  • Use of Certain Terms As used in this Agreement, the words “herein,” “hereof,” and “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular paragraph, subparagraph, section, subsection, or other subdivision. Whenever the context may require, any pronoun used in this Agreement shall include the corresponding masculine, feminine or neuter forms, and the singular form of nouns, pronouns and verbs shall include the plural and vice versa.

  • Limitation on the Exercise of Certain Rights Related to Affiliate Insolvency Proceedings (a) Notwithstanding anything to the contrary in this Agreement or any other agreement, but subject to the requirements of Section 19, no party to this Agreement shall be permitted to exercise any Default Right against a Covered Party with respect to this Agreement that is related, directly or indirectly, to a BHC Affiliate of such party becoming subject to a receivership, insolvency, liquidation, resolution, or similar proceeding (each an “Insolvency Proceeding”), except to the extent the exercise of such Default Right would be permitted under the creditor protection provisions of 12 C.F.R. § 252.84, 12 C.F.R. § 47.5, or 12 C.F.R. § 382.4, as applicable.

  • Definition of Certain Terms For purposes of this Agreement, (a) “business day” means any day on which the New York Stock Exchange, Inc. is open for trading and (b) “subsidiary” has the meaning set forth in Rule 405 of the Rules and Regulations.

  • Termination of Certain Agreements On and as of the Closing, the Company shall take all actions necessary to cause the Contracts listed on Schedule 6.04 to be terminated without any further force and effect and without any cost or other liability or obligation to the Company or any of its Subsidiaries, and there shall be no further obligations of any of the relevant parties thereunder following the Closing.

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