Common use of Purchaser’s Right to Terminate Clause in Contracts

Purchaser’s Right to Terminate. The Purchasers shall have the right, by written notice from the Purchasers’ Agent (at the direction of the Majority Purchasers) to the Seller, to terminate this Agreement prior to the end of the Term if: (a) any Pretium Group Entity is affected by an Insolvency Event; or (b) the financial position of any Pretium Group Entity deteriorates to such extent that in the reasonable opinion of the Purchasers’ Agent the ability of such Pretium Group Entity to perform its obligations under this Agreement have been placed in jeopardy; or (c) any Pretium Group Entity is, in any material respect, in default of its obligations under this Agreement, which default, if capable of cure, has not been cured to the satisfaction of the Purchasers’ Agent, acting reasonably, within a period of 30 days of a written demand made in respect thereof by the Purchasers’ Agent; or (d) any representation or warranty made by a Pretium Group Entity under or in connection with this Agreement is, in any material respect, incorrect or incomplete, which incorrectness or incompleteness, if capable of cure, has not been cured to the satisfaction of the Purchasers’ Agent, acting reasonably, within a period of 30 days of a written demand made in respect thereof by the Purchasers’ Agent; or (e) an Event of Default under the Stream Agreement or the Credit Agreement has occurred and is continuing.