Optional Early Termination Clause Samples

Optional Early Termination. CSN OVERSEAS has the rigtht to Early Terminate this Transaction, in whole or in part, provided that CSN OVERSEAS shall issue an Early Termination Notice addressed to POBT. CSN OVERSEAS hereby acknowledges that any such Early Termination may materially adverse affect the Final Price for the Shares due to market conditions and the number of Shares requested throught an Early Termination Notice, being agreed that the Calculation Agent will determine the Final Price. In case of a partial Early Termination the parties agree to sign an amendment in order to make the proper ajustments to this transaction and reflect therefrom such Early Termination. Early Termination Settlement Amount: The amount agreed between the parties.

Optional Early Termination. From time to time and on any Exchange Business Day following the closing of the Business Combination (any such date, an “OET Date”), and subject to the terms and conditions below, Seller may, in its absolute discretion, terminate the Transaction in whole or in part with respect to any number of Public Shares by giving notice of such termination and the specified number of Shares (such quantity, the “Terminated Shares”). As of each OET Date, Buyer shall be entitled to an amount from Seller, and the Seller shall pay to Buyer from the escrow account, an amount equal to the product of (i) the quotient of (a) the Terminated Shares divided by (b) the Public Shares, multiplied by (ii) the value of the escrow account at such OET Date. For example, if the Seller terminates with respect to 50% of the Public Shares as of an OET Date, 50% of value of the escrow account as of such OET Date will be released to the Buyer.

Optional Early Termination. Applicable, provided that no Event of Default or Potential Event of Default with respect to the Exercising Party shall have occurred and be continuing. Option Style: European Exercise Business Day: New York and London

Optional Early Termination. The following optional early termination provisions will apply to the Non-Hedging Party and will apply to the Hedging Party (each, an “OET Electing Party”):

Optional Early Termination. From time to time and on any date following the Trade Date (any such date, an “OET Date”) and subject to the terms and conditions below, a Seller may, in its absolute discretion, terminate the Transaction in whole or in part by providing written notice to Counterparty (the “OET Notice”), by the later of (a) the fifth Local Business Day following the OET Date and (b) no later than the next Payment Date following the OET Date, (which shall specify the quantity by which the Number of Shares shall be reduced (such quantity, the “Terminated Shares”)); provided that “Terminated Shares” includes only such quantity of Shares by which the Number of Shares is to be reduced and included in an OET Notice, whether or not sold, which Shares will not be included in any OET Notice or included in the definition, or when calculating the number, of Terminated Shares. The effect of an OET Notice shall be to reduce the Number of Shares by the number of Terminated Shares specified in such OET Notice with effect as of the related OET Date. As of each OET Date, Counterparty shall be entitled to an amount from such Seller, and such Seller shall pay to Counterparty an amount, equal to the product of (x) the number of Terminated Shares and (y) the Reset Price in respect of such OET Date (an “Early Termination Obligation”); provided, that, such Seller shall pay the Early Termination Obligation to the accounts and in the amounts as directed by Counterparty. The remainder of the Transaction, if any, shall continue in accordance with its terms. The Early Termination Obligation shall be payable by such Seller on the first Local Business Day following the date of delivery by such Seller of the OET Notice. For the avoidance of doubt, no other amounts as may be set forth in Sections 16.1 and 18.1 of the Swap Definitions shall be due to Counterparty upon an Optional Early Termination.

Optional Early Termination. At any time upon 10 Business Days’ notice, Party B may declare an Early Termination Date in respect of this Transaction with Party B being the sole Affected Party.

Optional Early Termination. Notwithstanding anything to the contrary in the Definitions or the Agreement, the parties hereby agree to the following Optional Early Termination provisions: Party B shall have the right (but not the obligation) to terminate any Transaction hereunder, in whole or in part, effective as of any Business Day (the “Optional Early Termination Date”), by providing Party A with notice of its exercise of this right one Business Days prior to the Optional Early Termination Date. This notice shall be irrevocable and may be given orally, including by telephone. Such notice shall be followed by a written confirmation confirming the substance of any telephonic notice before the close of business on the Business Day that telephonic notice is provided. Such Transaction shall be terminated in accordance with Section 6(e)(ii)(1) (without the occurrence of a Termination Event or an Event of Default) such that the amount payable (the “Cash Settlement Amount”) will be determined by the Calculation Agent as if the party electing to terminate such Transaction were the sole Affected Party. The Calculation Agent shall determine such Cash Settlement Amount in good faith and in a commercially reasonable manner in accordance with normal market practice in the relevant market, taking into account market conditions at such time. Party B acknowledges and agrees * Delete as applicable that market value used to calculate such Cash Settlement Amount may not correspond with closing prices of a commodity index or the futures components of a commodity index, particularly during a period of disrupted market conditions. Such determination shall be made on the Optional Early Termination Date. Party A or Party B (as determined by the Calculation Agent) shall pay to the other party the Cash Settlement Amount on the second Business Day following the Optional Early Termination Date. Once the Cash Settlement Amount has been fully and finally paid, then all rights, duties and obligations of the parties under and with respect to such Transaction, or part of such Transaction, as applicable, shall terminate.

Optional Early Termination. Obligors may, upon fifteen (15) Business Days prior written notice to Holder, or such shorter period as Holder may reasonably approve, approval not to be unreasonably withheld, prepay the Contingent Value by paying the Remaining Value in full in cash without premium or penalty, subject to Holder’s right exercise the Conversion Right prior to such early termination and payment.

Optional Early Termination. If Seller sells or otherwise transfers or disposes of any Shares (“OET Shares”) included in the Number of Shares in one or more public or private arms’ length transactions at any time after the date hereof and prior to the Valuation Date, and notifies Counterparty thereof within one Local Business Day following such sale, Seller and Counterparty agree that such sale shall constitute an optional early termination of this Transaction with respect to such OET Shares, thereby reducing the Number of Shares to be delivered by Seller to Counterparty on the Valuation Date. In connection with each such Optional Early Termination, on the Valuation Date, (a) Seller will receive from the Escrow Account (as defined below) an amount equal to the positive excess, if any, of (x) product of the Redemption Price and the aggregate number of OET Shares over (y) an amount equal to the proceeds received by Seller in connection with sales of the OET Shares, and (b) Counterparty will receive from the Escrow Account the amount set forth in (y) above. For the avoidance of doubt, the amount to be received by the Seller from the Escrow Account shall be in addition to any other amounts to be paid to the Seller, including any other amounts to be released to the Seller from the Escrow Account, under the terms of this Transaction. Prepayment: Applicable