Termination Triggers Sample Clauses
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Termination Triggers. (a) The Up-MACRO Tradeable Trust shall terminate if any one of the following events (each, a "Termination Trigger") occurs:
(i) any of the following circumstances persists for five (5) consecutive Business Days: (i) the Applicable Reference Price of Crude Oil is not established by NYMEX or the Substitute Oil Price Provider; (ii) NYMEX or such Substitute Oil Price Provider refuses to make that price available to the Administrative Agent for the purpose of calculating the Up-MACRO Underlying Value; or (iii)(a) NYMEX terminates the NYMEX License or does not agree to a renewal thereof after the expiration of its initial 5-year term and the Depositor and MacroMarkets LLC are unable to enter into a Substitute Reference Price Licensing Agreement with the Dow ▇▇▇▇▇ Energy Service or (b) in the event that the Depositor and MacroMarkets LLC have already entered into a Substitute Reference Price Licensing Agreement, the Substitute Oil Price Provider which is party to such agreement terminates that license and, in the case of either (a) or (b), the Holders do not select a Substitute Oil Price Provider or the Depositor and MacroMarkets LLC are unable to enter into a Substitute Reference Price Licensing Agreement with the Substitute Oil Price Provider that was selected by the Holders;
(ii) the Applicable Reference Price of Crude Oil rises to or above $111, at which level the Underlying Value of the Down-MACRO Holding Trust will be equal to 15% or less of assets it holds on deposit, or the Applicable Reference Price of Crude Oil falls to or below $9, at which level the Underlying Value of the Up-MACRO Holding Trust will be equal to 15% or less of the assets it holds on deposit and, in either case, the Applicable Reference Price of Crude Oil remains at that level for three (3) consecutive Price Determination Days;
(iii) any of the Up-MACRO Holding Trust, the Down-MACRO Holding Trust, the Up-MACRO Tradeable Trust or the Down-MACRO Tradeable Trust becomes required to register as an "investment company" under the Investment Company Act; provided, that the failure of the Up-MACRO Tradeable Trust to hold at least a majority of the Up-MACRO Holding Shares or the failure of the Down-MACRO Tradeable Trust to hold at least a majority of the Down-MACRO Holding Shares shall not constitute a Termination Trigger until the expiration of 90 days following the date as of which such failure first occurred, during which period the Administrative Agent shall be permitted to seek to remedy s...
Termination Triggers. If any one or more of the following is true, then Lessor may, at its sole option, terminate the Lease Agreement and the other Operative Documents by notice to Lessee:
4.1.1 A Default shall have occurred at any time (even if not then continuing).
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4.1.8 Notwithstanding Section 6.2.1.3 of the Lease Agreement, prior to the Delivery Date Lessee or one or more of its shareholders enters into an agreement (whether preliminary or final)
(1) providing for or allowing Lessee to consolidate with or merge into any other corporation or for any other corporation to consolidate with or merge into Lessee or (2) to effect a change in the Person, or group of Persons, who or which control Lessee. For purposes of this section, "control" means the power, directly or indirectly, to direct or cause the direction of the management and policies of such person, whether through the ownership of voting securities or by contract or otherwise.
Termination Triggers. Notwithstanding any terms of this Agreement to the contrary, (i) ▇▇. ▇▇▇▇▇ may terminate this Agreement upon written notice to the Company following the date of the first to occur of the following: (A) the date on which the Company materially breaches its obligations under this Agreement, or (B) the Company announces, proposes or otherwise recommends a transaction that would result in (a) the consummation of the acquisition by any person (as such term is defined in Section 13(d) or 14(d) of the Exchange Act) of beneficial ownership (within the meaning of Rule 13d-3 promulgated under the Exchange Act) of fifty percent or more of the combined voting power of the then outstanding Voting Securities of the Company; (b) the approval by the Company’s stockholders of: (1) a merger or consolidation of the Company if the stockholders of the Company immediately before such merger or consolidation do not, as a result of such merger or consolidation, own, directly or indirectly, more than fifty percent of the combined voting power of the then outstanding voting securities of the entity resulting from such merger or consolidation in substantially the same proportion as their ownership of the combined voting power of the Voting Securities of the Company outstanding immediately before such merger or consolidation; or (2) a complete liquidation or dissolution or sale or other disposition of two-thirds or more of the consolidated assets of the Company; or (c) dissenter’s rights under Nevada Revised Statutes Section 92A.380, and (ii) the Company may terminate this Agreement upon written notice to ▇▇. ▇▇▇▇▇ following the date on which ▇▇. ▇▇▇▇▇ materially breaches his obligations under this Agreement.
Termination Triggers. If any one or more of the following is true, then Lessor Frontier Lease Agreement (MSN 28760) Schedule 2 Execution Copy -4- may, at its sole option, terminate the Lease Agreement and the other Operative Documents by notice to Lessee:
4.1.1 A Default shall have occurred at any time (even if not then continuing).
4.1.2 Lessee shall not have an unrestricted cash balance as of December 31, 1996 of at least * .
4.1.3 Lessee shall not have an unrestricted cash balance as of March 31, 1997 of at least * .
4.1.4 Lessee shall not have a tangible net worth as of December 31, 1996 in excess of * .
4.1.5 Lessee shall not have a tangible net worth as of March 31, 1997 in excess of * .
4.1.6 Lessee shall not have had, for the 12-month period ending December 31, 1996, total revenues in excess of * .
4.1.7 Lessee shall not have had, for the 3-month period ending March 31, 1997, net income in excess of * . The accounting terms used in this Section 4.1 shall be interpreted with reference to generally accepted accounting principles, as set forth in the statements of financial accounting standards issued by the Financial Accounting Standards Board of the American Institute of Certified Public Accountants, and as applied on a basis consistent with prior periods.
Termination Triggers. If any one or more of the following is true, then Lessor may, at its sole option, terminate the Lease Agreement and the other Operative Documents by notice to Lessee:
4.1.1 A Default shall have occurred at any time (even if not then continuing).
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Termination Triggers. 38 ARTICLE 12
Termination Triggers. The Trust or any Fund shall terminate if any one of the following events (each, a “Termination Trigger”) occurs with respect to the Trust or such Fund:
(a) the Trust or such Fund becomes required to register as an “investment company” under the Investment Company Act of 1940, as amended;
(b) the Trust or such Fund becomes a commodities pool that is regulated under the CEA; and
(c) a decree or order is entered by a court having competent jurisdiction adjudging the Trust or such Fund to be bankrupt or insolvent or granting an order for relief or approving as properly filed a petition seeking reorganization, arrangement, adjustment or composition of or in respect of the Trust or such Fund under the Bankruptcy Code or any other applicable law, or appointing a receiver, liquidator, assignee or sequestrator (or other similar official) of the Trust or such Fund or of any substantial part of the property of the Trust or such Fund, or ordering the winding up or liquidation of the affairs of the Trust or such Fund, or, in a court having jurisdiction, the Trust or such Fund commences a voluntary case or proceeding under the Bankruptcy Code or any other applicable law, or an involuntary case or proceeding is commenced against the Trust or such Fund, seeking any of the foregoing and such case or proceeding continues undismissed or unstayed and in effect for a period of 90 consecutive days.
Termination Triggers. Notwithstanding anything to the contrary herein, this Agreement may be terminated (i) by either party at any time after the twentieth (20th) Business Day following the date hereof if the Closing shall not have occurred by such date; provided, however, that if the Closing shall not have occurred as a result of the failure of the conditions set forth in Section 6 to be satisfied by such date, then the Purchaser may extend such date in its sole discretion, (ii) by the mutual written consent of the Corporation and the Purchaser or (iii) by either party upon the breach of any representation, warranty or covenant set forth herein by the other party that would result in the failure of the conditions set forth in Sections 6 or 7 (as applicable) to be satisfied.
Termination Triggers. This Agreement may be terminated, and the transactions hereby may be abandoned, only as follows:
(i) by mutual written consent of Subscriber and the Company;
(ii) if a party has materially breached its obligations under this Agreement and failed to cure such material breach on or before the tenth (10th) Business Day following the delivery of notice of such material breach to the breaching party by the non-breaching party, then by the non-breaching party by giving notice of termination to the breaching party following such ten (10)-Business Day cure period;
(iii) by written notice of Subscriber or the Company to the other party if any Football Authority affirmatively rejects or denies the satisfaction or approval (as applicable) of any Football Authorities Condition and the cause of such rejection or denial cannot be, or is not, cured or satisfied within ten (10) Business Days following Subscriber’s receipt of notice of such rejection or denial;
(iv) by either Subscriber or the Company, if there shall be any Order of a Governmental Entity that is final and non-appealable preventing the consummation of the transactions contemplated by this Agreement; or
(v) by written notice of Subscriber or the Company to the other party if the Closing shall not have occurred on or prior to September 30, 2022 (or such other date as Subscriber and the Company may agree to in writing).
Termination Triggers. If any one or more of the following is true, then Lessor may, at its sole option, terminate the Lease Agreement and the other Operative Documents by notice to Lessee:
4.1.1 A Default shall have occurred at any time (even if not then continuing).
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