Common use of Termination Effective Date Clause in Contracts

Termination Effective Date. 17.1 This Agreement will be effective when fully executed and delivered by both parties and terminate on the Maturity Date or as otherwise provided herein. 17.2 Purchaser may terminate this Agreement by giving Seller sixty days prior written notice of termination, whereupon this Agreement shall terminate on the earlier date of the date of termination or on the anniversary date hereof; provided, however, if Purchaser terminates this Agreement pursuant to this Section 17.2, Seller shall have no obligation to pay Purchaser the difference between the aggregate amount of interest which has been paid or is payable by Seller pursuant to Section 4.1 as of the date of termination and the Minimum Annual Cumulative Fee shall not be due and owing by Seller in respect of the contract year in which termination occurs. If Purchaser terminates this Agreement after an Event of Default, the Minimum Annual Cumulative Fee shall be due and owing. 17.3 Seller may terminate this Agreement at any time, subject to Seller's obligations under Section 4.2 hereof. 17.4 Upon termination, Seller shall pay the Obligations to Purchaser, and Purchaser shall not purchase any Accounts from Seller.

Appears in 1 contract

Sources: Factoring and Security Agreement (Vitalstream Holdings Inc)

Termination Effective Date. 17.1 16.1 This Agreement will be effective when fully executed and delivered accepted by both parties and terminate on the Maturity Date or as otherwise provided herein. 17.2 Purchaser may terminate this Agreement by giving Seller sixty days prior written notice of termination, whereupon this Agreement shall terminate on the earlier date of the date of termination or on the anniversary date hereof; provided, however, if Purchaser terminates this Agreement pursuant to this Section 17.2, Seller shall have no obligation to pay Purchaser the difference between the aggregate amount of interest which has been paid or is payable by Seller pursuant to Section 4.1 as of the date of termination and the Minimum Annual Cumulative Fee shall not be due and owing by Seller in respect of the contract year in which termination occursPurchaser. If Purchaser terminates this Agreement after an Event of Default, the Minimum Annual Cumulative Fee shall be due and owing. 17.3 Seller may terminate this Agreement at any time, subject to Seller's obligations under Section 4.2 hereoftime upon giving Purchaser at least thirty (30) days prior written notice of termination. 17.4 16.2 Purchaser may terminate this Agreement at any time upon giving Seller at least thirty (30) days prior written notice of termination. 16.3 Purchaser may, at its election, terminate this Agreement immediately and without the requirement of notice to Seller upon an Event of Default hereunder. 16.4 Upon termination, Seller shall pay the Obligations to Purchaser, and Purchaser shall not purchase any Accounts from Seller. Termination of this Agreement shall not affect the rights and obligations of the parties hereunder with respect to transactions occurring on or prior to the date of such termination, and this Agreement shall continue to govern the rights and obligations of the parties hereto with respect to accounts purchased by Purchaser from Seller on or prior to the date of such termination. All security interests granted or contemplated by this Agreement shall survive the termination of this Agreement until all amounts payable to Purchaser with respect to transactions occurring on or prior to the date of termination have been paid to Purchaser, and Seller has performed all its obligations to Purchaser with respect to such transactions and all obligations under this Agreement including but not limited to payment of any fees owing hereunder.

Appears in 1 contract

Sources: Factoring and Security Agreement (Edge Technology Group Inc)

Termination Effective Date. 17.1 16.1. This Agreement will be effective when fully executed and delivered accepted by both parties and terminate on the Maturity Date or as otherwise provided herein. 17.2 Purchaser may terminate this Agreement by giving Seller sixty days prior written notice of termination, whereupon this Agreement shall terminate on the earlier date of the date of termination or on the anniversary date hereof; provided, however, if Purchaser terminates this Agreement pursuant to this Section 17.2, Seller shall have no obligation to pay Purchaser the difference between the aggregate amount of interest which has been paid or is payable by Seller pursuant to Section 4.1 as of the date of termination and the Minimum Annual Cumulative Fee shall not be due and owing by Seller in respect of the contract year in which termination occursPurchaser. If Purchaser terminates this Agreement after an Event of Default, the Minimum Annual Cumulative Fee shall be due and owing. 17.3 Seller may terminate this Agreement at any time, subject to Seller's obligations under Section 4.2 hereoftime upon giving Purchaser at least thirty (30) days prior written notice of termination. 17.4 16.2. Purchaser may terminate this Agreement at any time upon giving Seller at least thirty (30) days prior written notice of termination. 16.3. Purchaser may, at its election, terminate this Agreement immediately and without the requirement of notice to Seller upon an Event of Default hereunder. 16.4. Upon termination, Seller shall pay the Obligations to Purchaser, and Purchaser shall not purchase any Accounts from Seller. Termination of this Agreement shall not affect the rights and obligations of the parties hereunder with respect to transactions occurring on or prior to the date of such termination, and this Agreement shall continue to govern the rights and obligations of the parties hereto with respect to accounts purchased by Purchaser from Seller on or prior to the date of such termination. All security interests granted or contemplated by this Agreement shall survive the termination of this Agreement until all amounts payable to Purchaser with respect to transactions occurring on or prior to the date of termination have been paid to Purchaser, and Seller has performed all its obligations to Purchaser with respect to such transactions and all obligations under this Agreement including but not limited to payment of any fees owing hereunder.

Appears in 1 contract

Sources: Factoring and Security Agreement (Axtive Corp)