Common use of Term, Termination by Mutual Consent Clause in Contracts

Term, Termination by Mutual Consent. Unless earlier terminated as provided hereunder, this Agreement shall terminate automatically on the earliest of (i) thirty-six (36) consecutive months from the Public Listing Date (the “Investment Period”); and (ii) the date the Purchaser shall have purchased the Aggregate Limit. This Agreement may be terminated by Company upon 90 days advance written notice to GYBL for any reason, provided that (i) in the event the Company terminates this Agreement prior to the Public Listing Date, the Commitment Fee shall be due and payable in cash by the Company to GYBL by wire transfer of immediately available funds prior and as a condition to any such termination, (ii) in the event the Company terminates this Agreement after the Public Listing Date, the unpaid portion of the Commitment Fee shall be due and payable in cash by the Company to GYBL by wire transfer of immediately available funds prior and as a condition to any such termination (and, for the avoidance of doubt, the Registration Rights Agreement and the Warrant shall remain valid), and (iii) in the event the Company terminates this Agreement before the Public Listing Date and the Public Listing Date occurs prior to the two year anniversary of such termination, then the Company shall issue to the Purchaser the Warrant on the Public Listing Date pursuant to the terms of Section 4.12(b). This Agreement may be terminated immediately at any time by mutual written consent of the Parties, effective as of the date of such mutual written consent unless otherwise provided in such written consent; provided, however, that this Agreement shall not terminate until the Company has delivered to the Purchaser the number of Shares required to be delivered hereunder in accordance with the terms hereof, if any.

Term, Termination by Mutual Consent. Unless earlier terminated as provided hereunder, this Agreement shall terminate automatically on the earliest of (i) thirty-six (36) consecutive months from the Public Listing Date (the “Investment Period”); (ii) thirty-six (36) months from the Effective Date (as may be extended for the duration of the Investment Period if the Public Listing Date falls within such three (3) year period), and (iiiii) the date the Purchaser shall have purchased the Aggregate Limit. This Agreement may be terminated by Company upon 90 days advance written notice to GYBL for any reason, provided that (i) in the event the Company terminates this Agreement prior to the Public Listing Date, the Commitment Fee shall be due and payable in cash by the Company to GYBL by wire transfer of immediately available funds prior and as a condition to any such termination, (ii) in the event the Company terminates this Agreement after the Public Listing Date, the unpaid portion of the Commitment Fee shall be due and payable in cash by the Company to GYBL by wire transfer of immediately available funds prior and as a condition to any such termination (and, for the avoidance of doubt, the Registration Rights Agreement and the Warrant shall remain valid), and (iii) in the event the Company terminates this Agreement before the Public Listing Date and the Public Listing Date occurs prior to the two year anniversary of such termination, then the Company shall issue to the Purchaser the Warrant on the Public Listing Date pursuant to the terms of Section 4.12(b), provided that the Warrant Percentage shall be reduced to 1.0%. This Agreement may be terminated immediately at any time by mutual written consent of the Parties, effective as of the date of such mutual written consent unless otherwise provided in such written consent; provided, however, that this Agreement shall not terminate until the Company has delivered to the Purchaser the number of Shares required to be delivered on such date hereunder in accordance with the terms hereof, if any.