Termination of Section Clause Samples

Termination of Section. This Section 3.01 shall cease and terminate and each of Investor, GE and each GE Subsidiary will be released from this Section 3.01 when GE and the GE Subsidiaries cease to Beneficially Own in the aggregate ten percent (10%) or more of the Company’s Voting Stock.
Termination of Section. [**] of Exhibit [**]. The Parties further agree that Section [**] of Exhibit [**] of the Agreement hereby is deleted in its entirety and Buyer’s [**] with [**] for [**] requiring [**], as provided in Section [**] of Exhibit [**] of the Agreement shall terminate as of the date of this Second Amendment. [**] – Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission.
Termination of Section. 8.11 of the Series A Preferred Stock Purchase Agreement. Each of Anthem, NEPA, Homa, Faint, and Hung▇▇▇▇▇▇ ▇▇▇ee that the terms and conditions set forth in Section 8.11 the Series A Preferred Stock Purchase Agreement shall terminated with respect to such Section, as such terms and conditions are contained in the Charter, and that the terms of such Section 8.11 thereof shall be of no further force and effect.
Termination of Section. This Section 15 shall continue and shall be irrevocable until the date all of the Senior Indebtedness has been Finally Paid or otherwise discharged and released in an express writing to such effect by the Senior Lenders.
Termination of Section. ▇▇▇▇▇▇▇▇ may terminate or modify this Section G at any time by providing Shipper with thirty (30) Days prior Notice.
Termination of Section. 9.1 of the Series A Purchase Agreement. The Company, Bologna, ▇▇▇▇▇▇▇▇ and such of the Purchasers as are party to the Series A Purchase Agreement (together with Bologna and ▇▇▇▇▇▇▇▇, the "Series A Purchasers"), constituting all of the parties to the Series A Purchase Agreement, hereby amend the Series A Purchase Agreement by deleting therefrom Section 9.1 in its entirety. Except as specifically set forth in Section 7.12 above and this Section 8.3, the Series A Purchase Agreement shall remain in full force and effect. In addition, each Series A Purchaser hereby waives any preemptive right it may have to purchase the Series B Preferred Shares to be issued pursuant hereto.
Termination of Section. This Section 2 shall cease and terminate and Majority Stockholder will be released from this Section 2 after Majority Stockholder and its Affiliates cease to Beneficially Own in the aggregate more than ten percent (10%) of the Voting Stock.
Termination of Section. 4.1. The obligations of the AMC IPO Company pursuant to Section 4.1 shall terminate at such time as both of the following clauses (i) and (ii) are true: (i) either the AMC Shareholders own ten percent (10%) or less of the Company's then-outstanding Common Shares or the Good Samaritan Shareholders own ten percent (10%) or less of the Company's then-outstanding Common Shares; and (ii) the Foundation and its Affiliates collectively own five percent (5%) or less of the outstanding AMC Shares of any AMC IPO Company.
Termination of Section. 8 AND SECTION 9

Related to Termination of Section

  • Application of Section 409A Notwithstanding anything to the contrary herein, the following provisions apply to the extent severance benefits provided herein are subject to Section 409A of the Code and the regulations and other guidance thereunder and any state law of similar effect (collectively “Section 409A”). Severance benefits shall not commence until Executive has a “separation from service” for purposes of Section 409A. If Executive is a “specified employee” within the meaning of 409A(a)(2)(B)(i) of the Code, any installment payments of Disability Base Salary Payments pursuant to Section 6.3(b) or Cash Compensation Amounts pursuant to Section 6.5(b) or 6.6(b) that are triggered by a separation from service shall be accelerated to the minimum extent necessary so that (a) the lesser of (y) the total cash severance payment amount, or (z) six (6) months of such installment payments are paid no later than March 15 of the calendar year following such termination, and (b) all amounts paid pursuant to the foregoing clause (a) will constitute separate payments for purposes of Section 1.409A-2(b)(2) of the Treasury Regulations and thus will be payable pursuant to the “short-term deferral” rule set forth in Section 1.409A-1(b)(4) of the Treasury Regulations. It is intended that if Executive is a “specified employee” within the meaning of Section 409A(a)(2)(B)(i) of the Code at the time of such separation from service the foregoing provision shall result in compliance with the requirements of Section 409A(a)(2)(B)(i) of the Code because payments to Executive will either be payable pursuant to the “short-term deferral” rule set forth in Section 1.409A-1(b)(4) of the Treasury Regulations or will not be paid until at least 6 months after separation from service. The severance benefits are intended to qualify for an exemption from application of Section 409A or comply with its requirements to the extent necessary to avoid adverse personal tax consequences under Section 409A, and any ambiguities herein shall be interpreted accordingly.

  • Application of Section 409A of the Code (a) This Agreement shall be interpreted to avoid any penalty sanctions under section 409A of the Internal Revenue Code of 1986, as amended and the regulations promulgated thereunder (the “Code”). If any payment or benefit cannot be provided or made at the time specified herein without incurring sanctions under section 409A of the Code, then such benefit or payment shall be provided in full (to extent not paid in part at earlier date) at the earliest time thereafter when such sanctions shall not be imposed. For purposes of section 409A of the Code, all payments to be made upon a termination of employment under this Agreement may only be made upon the Executive’s “separation from service” (within the meaning of such term under section 409A of the Code), each payment made under this Agreement shall be treated as a separate payment, and the right to a series of installment payments under this Agreement shall be treated as a right to a series of separate payments. In no event shall the Executive, directly or indirectly, designate the fiscal year of payment, except as permitted under section 409A of the Code. Notwithstanding any provision of this Agreement to the contrary, with respect to amounts under this Agreement are nonqualified deferred compensation subject to Section 409A, in no event shall the timing of the Executive’s execution of the Release, directly or indirectly, result in the Executive designating the calendar year of payment, and if a payment that is subject to execution of the Release could be made in more than one taxable year, payment shall be made in the later taxable year. (b) Notwithstanding anything herein to the contrary, if, at the time of the Executive’s termination of employment with the Company, the Company has securities which are publicly traded on an established securities market and the Executive is a “specified employee” (as such term is defined in section 409A of the Code) and it is necessary to postpone the commencement of any payments or benefits otherwise payable under this Agreement as a result of such termination of employment to prevent any accelerated or additional tax under section 409A of the Code, then the Company shall postpone the commencement of the payment of any such payments or benefits hereunder (without any reduction in such payments or benefits ultimately paid or provided to the Executive) that are not otherwise paid first within the ‘short-term deferral exception’ under Treas. Reg. §1.409A-1(b)(4), and then under the ‘separation pay exception’ under Treas. Reg. §1.409A-1(b)(9)(iii), until the first payroll date that occurs after the date that is 6 months following the Executive’s “separation of service” (as such term is defined under code section 409A of the Code) with the Company. If any payments are postponed due to such requirements, such postponed amounts shall be paid in a lump sum to the Executive on the first payroll date that occurs after the date that is 6 months following Executive’s separation of service with the Company. If the Executive dies during the postponement period prior to the payment of postponed amount, the amounts withheld on account of section 409A of the Code shall be paid to the personal representative of the Executive’s estate within 60 days after the date of the Executive’s death. (c) All reimbursements and in-kind benefits provided under this Agreement shall be made or provided in accordance with the requirements of section 409A of the Code, including, where applicable, the requirement that (i) any reimbursement shall be for expenses incurred during the Executive’s lifetime (or during a shorter period of time specified in this Agreement), (ii) the amount of expenses eligible for reimbursement, or in kind benefits provided, during a calendar year may not affect the expenses eligible for reimbursement, or in kind benefits to be provided, in any other calendar year, (iii) the reimbursement of an eligible expense shall be made on or before the last day of the calendar year following the year in which the expense is incurred and (iv) the right to reimbursement or in kind benefits is not subject to liquidation or exchange for another benefit.

  • Amendment of Section 9.4. Section 9.4 of the Credit Agreement is hereby amended to read in its entirety as follows:

  • Amendment of Section 8 15(b). Section 8.15(b) of the Existing Credit Agreement is hereby amended in its entirety to read as follows:

  • Amendment of Section 6 14. Section 6.14 of the Credit Agreement is amended to read as follows: