Common use of Effective Date of this Agreement and Termination Clause in Contracts

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective (the "Effective Date") upon the later to occur of (i) the time the Registration Statement shall be declared effective by the Commission; and (ii) the execution and delivery of this Agreement by the Company and the Sales Agent. (b) Either the Company or the Sales Agent may terminate this Agreement by giving notice to the other as provided in Section 11 at any time. Any such termination shall not terminate the obligations of the parties pursuant to Sections 3, 6, and 8 of this Agreement.

Effective Date of this Agreement and Termination. (a) This Agreement shall become effective (the "Effective Date") upon the later to occur of (i) the time the Registration Statement shall be declared effective by the CommissionCommission and the effective date of the Registration Statement in the state(s) in which the Sales Agent will be offering the Shares; and (ii) the execution and delivery of this Agreement by the Company and the Sales Agent. (b) Either the Company or the Sales Agent may terminate this Agreement by giving notice to the other as provided in Section 11 at any time. Any such termination shall not terminate the obligations of the parties pursuant to Sections 3, 6, 6 and 8 of this Agreement.