Term Contract Clauses (8,450)

Grouped Into 443 Collections of Similar Clauses From Business Contracts

This page contains Term clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Term. (a) This Agreement shall continue in effect until December 31, 2018 (the "Initial Termination Date"). If this Agreement is not terminated on the Initial Termination Date, as provided for herein, then, this Agreement shall automatically renew for an additional one-year period and shall continue to renew for additional one-year periods until this Agreement is otherwise terminated, as provided for herein. At any time during the term of this Agreement, CMF may terminate this Agreement upon 5 days' n...otice to the Advisor. At any time during the term of this Agreement, CMF may elect to immediately terminate this Agreement if (i) the Net Asset Value per Unit shall decline as of the close of business on any day to $400 or less; (ii) the Net Assets of the Partnership allocated to the Advisor (adjusted for redemptions, distributions, withdrawals or reallocations, if any) decline by 20% or more as of the end of a trading day from such Net Assets of the Partnership's previous highest value; (iii) limited partners owning at least 50% of the outstanding units of the Partnership (excluding interests owned by CMF, an affiliate of CMF other than the Partnership, or any of their employees) shall vote to require CMF to terminate this Agreement; (iv) the Advisor fails to comply with the terms of this Agreement; (v) CMF, in good faith, reasonably determines that the performance of the Advisor has been such that CMF's fiduciary duties to the Partnership require CMF to terminate this Agreement; (vi) CMF reasonably believes that the application 6 of speculative position limits will substantially affect the performance of the Partnership; (vii) the Advisor fails to conform to the trading policies set forth in the Partnership Agreement or the Memorandum, as they may be changed from time to time; (viii) the Advisor merges, consolidates with another entity, sells a substantial portion of its assets, or becomes bankrupt or insolvent, (ix) Allen Chan dies, becomes incapacitated, leaves the employ of the Advisor, ceases to control the Advisor or is otherwise not managing the trading programs or systems of the Advisor, (x) the Advisor's registration as a commodity trading advisor with the CFTC or its membership in NFA or any other regulatory authority, is terminated or suspended; or (xi) CMF reasonably believes that the Advisor has contributed or may contribute to any material operational, business or reputational risk to CMF or CMF's affiliates. This Agreement will immediately terminate upon dissolution of the Partnership or upon cessation of trading by the Partnership prior to dissolution. (b) The Advisor may terminate this Agreement by giving not less than 30 days' written notice to CMF (i) in the event that the trading policies of the Partnership as set forth in the Memorandum are changed in such manner that the Advisor reasonably believes will adversely affect the performance of its trading strategies; (ii) after December 31, 2018; or (iii) in the event that CMF or the Partnership fails to comply with the terms of this Agreement. The Advisor may immediately terminate this Agreement if CMF's registration as a commodity pool operator or its membership in NFA is terminated or suspended. (c) Except as otherwise provided in this Agreement, any termination of this Agreement in accordance with this Section 5 shall be without penalty or liability to any party, except for any fees due to the Advisor pursuant to Section 3 hereof. View More
Term. (a) This Agreement shall continue in effect until December 31, 2018 (the "Initial Termination Date"). Date") unless otherwise terminated as set forth in this Section. If this Agreement is not terminated on or before the Initial Termination Date, as provided for herein, then, this Agreement shall automatically renew for an additional one-year period and shall continue to renew for additional one-year periods until this Agreement is otherwise terminated, as provided for herein. At any time during ...the term of this Agreement, CMF may terminate this Agreement upon 5 days' notice to the Advisor. At any time during the term of this Agreement, CMF may elect to immediately terminate this Agreement if (i) the Net Asset Value per Unit unit of any class of the Partnership shall decline as of the close of business on any day to $400 $400.00 or less; (ii) the Net Assets of the Partnership allocated to Account (excluding the Advisor (adjusted for effect of redemptions, distributions, withdrawals or reallocations, if any) decline by 20% 40% or more as of the end of a trading day from such Net Assets of the Partnership's Assets' previous highest value; (iii) limited partners owning at least 50% of the outstanding units of the Partnership (excluding interests owned by CMF, an affiliate of CMF other than the Partnership, or any of their employees) shall vote to require CMF to terminate this Agreement; (iv) the Advisor fails to comply with the terms of this Agreement; Agreement in any material respect; (v) CMF, in good faith, reasonably determines that the performance of the Advisor has been such that CMF's fiduciary duties to the Partnership require CMF to terminate this Agreement; (vi) CMF reasonably believes that the application 6 of speculative position limits will substantially affect the performance of the Partnership; (vii) the Advisor fails to conform to the trading policies as set forth in the Partnership Agreement or the Memorandum, as they it may be changed from time to time; (viii) the Advisor merges, consolidates with another entity, entity not affiliated with the Advisor, sells a substantial portion of its assets, or becomes bankrupt or insolvent, insolvent; (ix) Allen Chan either Yves Balcer or Sanjiv Kumar dies, becomes incapacitated, leaves the employ of the Advisor, ceases to control the Advisor or is otherwise not managing the trading programs or systems of the Advisor, Advisor; (x) the Advisor's registration as a commodity trading advisor with the CFTC or its membership in NFA or any other regulatory authority, is terminated or suspended; or (xi) CMF reasonably believes that the Advisor has contributed or may contribute to any material operational, business or reputational risk to CMF or CMF's affiliates. The occurrence of any event in Section 5(a)(i) through 5(a)(xi) hereof shall not automatically result in the termination of the Master Fund Agreement (although such event may also permit and result in the immediate termination of the Master Fund Agreement pursuant to its terms). This Agreement will immediately terminate upon dissolution of the Partnership or upon cessation of trading by the Partnership prior to dissolution. (b) The Advisor may terminate this Agreement by giving not less than 30 days' written notice to CMF (i) in the event that the trading policies of the Partnership as set forth in the Memorandum Partnership Agreement are changed in such manner that the Advisor reasonably believes will adversely affect the performance of its trading strategies; (ii) at any time after December 31, 2018; the Initial Termination Date; or (iii) in the event that CMF or the Partnership fails to comply with the terms of this Agreement. The Notwithstanding the foregoing, the Advisor may immediately terminate this Agreement at any time if (y) CMF's registration as a commodity pool operator or its membership in NFA is terminated or suspended. suspended; or (z) in accordance with Sections 1(a) and (c) of this Agreement. (c) Except as otherwise provided in this Agreement, any termination of this Agreement in accordance with this Section 5 shall be without penalty or liability to any party, except for any fees due to the Advisor pursuant to Section 3 hereof. (d) Except as otherwise provided in this Agreement, the termination of this Agreement shall not affect the settlement of any transactions made in good faith and pending at the date of termination. (e) In the event of any termination of this Agreement, the Advisor shall cease to perform any and all of its duties and obligations under this Agreement, subject to Sections 3 and 6 of this Agreement, which shall survive the termination of this Agreement (including, but not limited to, the Partnership's compensation obligations in respect of the Master Fund Account to the extent the Master Fund Agreement has not been terminated). View More
Term. (a) This Agreement shall continue in effect until December 31, 2018 (the "Initial Termination Date"). Date") unless otherwise terminated as set forth in this Section. If this Agreement is not terminated on or before the Initial Termination Date, as provided for herein, then, this Agreement shall automatically renew for an additional one-year period and shall continue to renew for additional one-year periods until this Agreement is otherwise terminated, as provided for herein. At any time during ...the term of this Agreement, CMF may terminate this Agreement upon 5 days' notice to the Advisor. At any time during the term of this Agreement, CMF may elect to immediately terminate this Agreement if (i) the Net Asset Value per Unit unit of any class of the Partnership shall decline as of the close of business on any day to $400 $400.00 or less; (ii) the Net Assets of the Partnership allocated to the Advisor (adjusted for (excluding the effect of redemptions, distributions, withdrawals or reallocations, if any) decline by 20% 40% or more as of the end of a trading day from such Net Assets of the Partnership's Assets' previous highest value; (iii) limited partners owning at least 50% of the outstanding units of the Partnership (excluding interests owned by CMF, an affiliate of CMF other than the Partnership, or any of their employees) shall vote to require CMF to terminate this Agreement; (iv) the Advisor fails to comply with the terms of this Agreement; Agreement in any material respect; (v) CMF, in good faith, reasonably determines that the performance of the Advisor has been such that CMF's fiduciary duties to the Partnership require CMF to terminate this Agreement; (vi) CMF reasonably believes that the application 6 of speculative position limits will substantially affect the performance of the Partnership; (vii) the Advisor fails to conform to the trading policies as set forth in the Partnership Agreement or the Memorandum, Appendix B as they it may be changed from time to time; (viii) the Advisor merges, consolidates with another entity, 8 entity not affiliated with the Advisor, sells a substantial portion of its assets, or becomes bankrupt or insolvent, insolvent; (ix) Allen Chan either Yves Balcer or Sanjiv Kumar dies, becomes incapacitated, leaves the employ of the Advisor, ceases to control the Advisor or is otherwise not managing the trading programs or systems of the Advisor, Advisor; (x) the Advisor's registration as a commodity trading advisor with the CFTC or its membership in NFA or any other regulatory authority, is terminated or suspended; or (xi) CMF reasonably believes that the Advisor has contributed or may contribute to any material operational, business or reputational risk to CMF or CMF's affiliates. The occurrence of any event in Section 5(a)(i) through 5(a)(xi) hereof shall not automatically result in the termination of the Master Fund Agreement (although such event may also permit and result in the immediate termination of the Master Fund Agreement pursuant to its terms). This Agreement will immediately terminate upon dissolution of the Partnership or upon cessation of trading by the Partnership prior to dissolution. (b) The Advisor may terminate this Agreement by giving not less than 30 days' written notice to CMF (i) in the event that the trading policies of the Partnership as set forth in the Memorandum Appendix B are changed in such manner that the Advisor reasonably believes will adversely affect the performance of its trading strategies; (ii) at any time after December 31, 2018; the Initial Termination Date; or (iii) in the event that CMF or the Partnership fails to comply with the terms of this Agreement. The Notwithstanding the foregoing, the Advisor may immediately terminate this Agreement at any time if (y) CMF's registration as a commodity pool operator or its membership in NFA is terminated or suspended. suspended; or (z) in accordance with Sections 1(a) and (c) of this Agreement. (c) Except as otherwise provided in this Agreement, any termination of this Agreement in accordance with this Section 5 shall be without penalty or liability to any party, except for any fees due to the Advisor pursuant to Section 3 hereof. (d) Except as otherwise provided in this Agreement, the termination of this Agreement shall not affect the settlement of any transactions made in good faith and pending at the date of termination. (e) In the event of any termination of this Agreement, the Advisor shall cease to perform any and all of its duties and obligations under this Agreement, subject to Sections 3 and 6 of this Agreement, which shall survive the termination of this Agreement (including, but not limited to, the Partnership's compensation obligations in respect of the Master Fund Account to the extent the Master Fund Agreement has not been terminated). View More
Term. (a) This Agreement shall continue in effect until December 31, 2018 (the "Initial Termination Date"). If June 30, 2014. CMF may, in its sole discretion, renew this Agreement is not terminated on the Initial Termination Date, as provided for herein, then, this Agreement shall automatically renew for an additional one-year period and shall continue to renew for additional one-year periods until this Agreement is otherwise terminated, as provided for herein. upon notice to the Advisor not less than... 30 days prior to the expiration of the previous period. At any time during the term of this Agreement, CMF may terminate this Agreement at any month-end upon 5 days' notice to the Advisor. At any time during the term of this Agreement, CMF may elect to immediately terminate this Agreement if (i) the Net Asset Value per Unit shall decline as of the close of business on any day to $400 or less; (ii) the Net Assets of the Partnership allocated to the Advisor (adjusted for redemptions, distributions, withdrawals or reallocations, if any) decline by 20% or more as of the end of a trading day from such Net Assets of the Partnership's Assets' previous highest value; (iii) limited partners owning at least 50% of the outstanding units of the Partnership (excluding interests owned by CMF, an affiliate of CMF other than the Partnership, or any of their employees) shall vote to require CMF to terminate this Agreement; (iv) the Advisor fails to comply with the terms of this Agreement; (v) CMF, in good faith, reasonably determines that the performance of the Advisor has been such that CMF's fiduciary duties to the Partnership require CMF to terminate this Agreement; (vi) CMF reasonably believes that the application 6 of speculative position limits will substantially affect the performance of the Partnership; (vii) the Advisor fails to conform to the trading policies set forth in the Partnership Agreement or the Memorandum, as they may be changed from time to time; (viii) the Advisor merges, consolidates with another entity, sells a substantial portion of its assets, or becomes bankrupt or insolvent, insolvent; (ix) Allen Chan John E. Moody dies, becomes incapacitated, leaves the employ of the Advisor, ceases to control the Advisor or is otherwise not managing the trading programs or systems of the Advisor, Advisor; (x) the Advisor's registration as a commodity trading advisor with the CFTC or its membership in NFA or any other regulatory authority, is terminated or suspended; or (xi) CMF reasonably believes that the Advisor has contributed or may contribute to any material operational, business or reputational risk to CMF or CMF's affiliates. This Agreement will immediately terminate upon dissolution of the Partnership or upon cessation of trading by the Partnership prior to dissolution. (b) The Advisor may terminate this Agreement by giving not less than at any month-end upon 30 days' written notice to CMF (i) in the event that the trading policies of the Partnership as set forth in the Memorandum are changed in such manner that the Advisor reasonably believes will adversely affect the performance of its trading strategies; (ii) after December 31, 2018; or (iii) in the event that CMF or the Partnership fails to comply with the terms of this Agreement. CMF. The Advisor may immediately terminate this Agreement if CMF's registration as a commodity pool operator or its membership in NFA is terminated or suspended. (c) Except as otherwise provided in this Agreement, any termination of this Agreement in accordance with this Section 5 shall be without penalty or liability to any party, except for any fees due to the Advisor pursuant to Section 3 hereof. View More
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Term. This Agreement shall be effective as of the date hereof and shall continue in effect until and shall terminate upon the earliest to occur of (a) the consummation of the Company's first underwritten public offering of its Common Stock (other than a registration statement relating either to the sale of securities to employees of the Company pursuant to its stock option, stock purchase or similar plan or an SEC Rule 145 transaction); (b) the consummation of a Sale of the Company and distribution of... proceeds to or escrow for the benefit of the Stockholders in accordance with the Restated Certificate, provided that the provisions of Section 3 hereof will continue after the closing of any Sale of the Company to the extent necessary to enforce the provisions of Section 3 with respect to such Sale of the Company; (c) termination of this Agreement in accordance with Subsection 7.8 below. View More
Term. This Agreement shall will be effective as of the date hereof and shall will continue in effect until and shall will terminate upon the earliest to occur of (a) the consummation of the Company's first underwritten public offering of its Common Stock (other than a registration statement relating either to the sale of securities to employees of the Company pursuant to its stock option, stock purchase or similar plan or an SEC Rule 145 transaction); (b) the consummation of a Sale of the Company and ...distribution of proceeds to or escrow for the benefit of the Stockholders in accordance with the Restated Certificate, provided that the provisions of Section 3 hereof will continue after the closing of any Sale of the Company to the extent necessary to enforce the provisions of Section 3 with respect to such Sale Fundamental Change of the Company; and (c) termination of this Agreement in accordance with Subsection 7.8 10.8 below. View More
Term. This Agreement shall be effective as of the date hereof and shall continue in effect until and shall terminate upon the earliest to occur of (a) the consummation of the Company's first underwritten public offering of its Common Stock (other than a registration statement relating either to the sale of securities to employees of the Company pursuant to its stock option, stock purchase or similar plan or an SEC Rule 145 transaction); (b) the consummation of a Sale of the Company and distribution of... 9 proceeds to or escrow for the benefit of the Stockholders in accordance with the Restated Certificate, provided that the provisions of Section 3 hereof will continue after the closing of any Sale of the Company to the extent necessary to enforce the provisions of Section 3 with respect to such Sale of the Company; Company, the provisions of Subsection 4.5 will continue so long as shares of Series D-1 Preferred Stock remain outstanding and the provisions of Subsection 4.6 will continue so long as shares of Series E-1 Preferred Stock remain outstanding; and (c) termination of this Agreement in accordance with Subsection 7.8 below. View More
Term. This Agreement shall be effective as of the date hereof and shall continue in effect until and shall terminate upon the earliest to occur of (a) the consummation of the Company's first underwritten public offering of its Common Stock (other than a registration statement relating either to the sale of securities to employees of the Company pursuant to its stock option, stock purchase or similar plan or an SEC Rule 145 transaction); (b) the consummation of a Sale of the Company Company, other than... an Asset Sale (as defined in the Certificate of Incorporation), and distribution of proceeds to or escrow for the benefit of the Stockholders in accordance with the Restated Certificate, Certificate of Incorporation; provided that the provisions of Section 3 hereof will continue after the closing of any Sale of the Company to the extent necessary to enforce the provisions of Section 3 with respect to such Sale of the Company; and (c) termination of this Agreement in accordance with Subsection 7.8 6.8 below. View More
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Term. The period of Executive's employment under this Agreement shall commence on the Effective Date and shall continue until Executive's employment with the Company is terminated pursuant to Section 5. The phrase "Term" as used in this Agreement shall refer to the entire period of employment of Executive by the Company.
Term. The period of Executive's employment under this Agreement shall commence on the Effective Date and shall continue until Executive's employment with the Company is terminated pursuant to Section 5 below. The phrase "Term" "Term of Employment" as used in this Agreement shall refer to the entire period of employment of Executive by the Company.
Term. The period of Executive's employment under this Agreement shall commence on the Effective Date and shall continue until Executive's employment with the Company is terminated pursuant to Section 5 below. The phrase "Term" "Term of Employment" as used in this Agreement shall refer to the entire period of employment of Executive by the Company.
Term. The period of Executive's employment under this Agreement shall commence on the Effective Date which is expected to be July 8 (or such other date as mutually agreed by Company and Executive) and shall continue until Executive's employment with the Company is terminated pursuant to Section 5. 4 below. The phrase "Term" "Term of Employment" as used in this Agreement shall refer to the entire period of employment of Executive by the Company.
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Term. The term of this Agreement shall commence as of the date of the Director's appointment by the Board of Directors of the Company and shall continue until the Director's removal or resignation.
Term. The term of this Agreement (the "Directorship Term") shall commence as of the date of the Director's appointment by the Board of Directors of the Company and shall continue until the next annual meeting of the stockholders, or until the Director's removal or resignation.
Term. The term of this Agreement shall commence as of the date of the Director's appointment by the Board of Directors of the Company (the "Effective Date") and shall continue until the Director's removal or resignation.
Term. The term of this Agreement shall commence as of the effective date of the Director's appointment by to the Board of Directors of the Company (the "Effective Date") and shall continue until the Director's removal resignation or resignation. removal.
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Term. Unless previously terminated, the Plan shall terminate and no additional Awards may be granted on the expiration of 10 years after the Plan's last approval by shareholders of the Company. The Plan shall continue in effect with respect to Awards granted before termination of the Plan and until such Awards have been settled, terminated or forfeited.
Term. Unless previously terminated, the Plan shall terminate and no additional Awards may be granted on the expiration of 10 years after the Plan's last approval by shareholders of the Company. Company, (May 1, 2019). The Plan shall continue in effect with respect to Awards granted before termination of the Plan and until such Awards have been settled, terminated or forfeited.
Term. Unless previously terminated, the Plan shall terminate and no additional Awards may be granted on the expiration of 10 years after the Plan's last approval by shareholders August 1, 2014, Effective Date of the Company. Plan. The Plan shall continue in effect with respect to Awards granted before termination of the Plan and until such Awards have been settled, terminated or forfeited.
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Term. The term of this Agreement shall commence as of the Closing and run for 12 months from the Closing (the "Initial Term"), unless the Agreement is terminated pursuant to Section 6 below. The Initial Term will automatically renew for an additional twelve (12) months (the lnitial Term and any renewal term will be referred to as the "Term"), unless (a) Executive provides written notice to the Company of his intent not to renew the Agreement at least 90 days prior to the end of the Term in accordance ...with the notice provision herein; or (b) the Company provides written notice to Executive of its intent not to renew the Agreement at least 30 days prior to the end of the Term, in accordance with the notice provision herein; or (c) the Agreement is terminated pursuant to Section 6 below. View More
Term. The term of this Agreement shall commence as of the Closing and run for 12 twenty- four (24) months from the Closing (the "Initial Term"), unless the Agreement is terminated pursuant to Section 6 below. The Initial Term will automatically renew for an additional consecutive twelve (12) months month intervals (the lnitial Initial Term and any renewal term will be referred to as the "Term"), unless (a) Executive provides or the Company provide written notice to the Company other Party of his or it...s intent not to renew the Agreement at least 90 days prior to the end of the Term in accordance with the notice provision herein; or (b) the Company provides written notice to Executive of its intent not to renew the Agreement at least 30 days prior to the end of the Term, in accordance with the notice provision herein; or (c) the Agreement is terminated pursuant to Section 6 below. View More
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Term. The Company hereby employs Employee and Employee hereby accepts employment pursuant to the terms and provisions of this Agreement for the period commencing September 1, 2013 and terminating on April 30, 2014. On May 1, 2014, and on May 1 each year thereafter, the Agreement shall renew for an additional one year term unless the Company provides notice to the Employee that it is not renewing the Agreement. Upon non-renewal of the Agreement, Employee will become an employee at will unless the Agree...ment is terminated as provided in Section 7 below. At all times during the term of this Agreement, Employee shall be considered an employee of the Company within the meaning of all federal, state and local laws and regulations, including, but not limited to, laws and regulations governing unemployment insurance, workers' compensation, industrial accident, labor and taxes. View More
Term. The Company hereby employs Employee and Employee hereby accepts employment pursuant to the terms and provisions of this Agreement for the period commencing September 1, 2013 February 21, 2020, and terminating on April 30, 2014. 2021. On May 1, 2014, 2021, and on May 1 each year thereafter, the Agreement shall renew for an additional one year one-year term unless the Company provides notice to the Employee that it is not renewing the Agreement. Upon non-renewal of the Agreement, Employee will bec...ome an employee at will unless the Agreement is terminated as provided in Section 7 below. At all times during the term of this Agreement, Employee shall be considered an employee of the Company within the meaning of all federal, state and local laws and regulations, including, but not limited to, laws and regulations governing unemployment insurance, workers' compensation, industrial accident, labor and taxes. View More
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Term. 6.1 Maturity Date. This Agreement shall continue in effect until the maturity date set forth on the Schedule (the "Maturity Date"), subject to Sections 6.2 and 6.3 below. 6.2 Early Termination. This Agreement may be terminated prior to the Maturity Date as follows: (i) by Borrower, effective 20 days after written notice of termination is given to Lender; or (ii) by Lender at any time after the occurrence and during the continuance of an Event of Default, without notice, effective immediately. If... this Agreement is terminated by Borrower or by Lender under this Section 6.2, or if all Obligations are automatically accelerated and become due and payable upon the commencement of any Insolvency Proceeding by Borrower or any Event of Default under Section 7.1(m) (each an "Automatic Acceleration"), then, in any such event, Borrower shall pay to Lender the termination fees with respect to the Loans set forth in Section 3 of the Schedule, all of which shall be due and payable on the effective date of termination or on any Automatic Acceleration (as the case may be), and the same shall thereafter shall bear interest at a rate equal to the highest rate applicable to any of the Obligations. 6.3 Payment of Obligations. On the Maturity Date or on any earlier effective date of termination, Borrower shall pay and perform in full all Obligations, whether evidenced by installment notes or otherwise, and whether or not all or any part of such Obligations are otherwise then due and payable. Notwithstanding any termination of this Agreement, all of Lender's security interests in all of the Collateral and all of the terms and provisions of this Agreement shall continue in full force and effect until all Obligations have been paid and performed in full; provided that Lender may, in its sole discretion, refuse to make any further Loans after termination. No termination shall in any way affect or impair any right or remedy of Lender, nor shall any such termination relieve Borrower of any Obligation to Lender, until all of the Obligations have been paid and performed in full. Lender shall, at Borrower's expense, release or terminate all financing statements and other filings in favor of Lender as may be required to fully terminate Lender's security interests, provided that there are no suits, actions, proceedings or claims pending or threatened against any Person indemnified by Borrower under this Agreement with respect to which indemnity has been or may be sought, upon Lender's receipt of the following, in form and content satisfactory to Lender: (i) cash payment in full of all of the Obligations and performance by Borrower of all non-monetary Obligations under this Agreement, (ii) written confirmation by Borrower that the commitment of Lender to make Loans under this Agreement has terminated, (iii) a general release of all claims against Lender, its officers, directors, agents, attorneys and Affiliates by Borrower relating to Lender's performance and obligations under the Loan Documents, on Lender's standard form, and (iv) an agreement by Borrower, and any new lender to Borrower to indemnify Lender for any payments received by Lender that are applied to the Obligations that may subsequently be returned or otherwise not paid for any reason. View More
Term. 6.1 Maturity Date. This Agreement shall continue in effect until the maturity date set forth on the Schedule (the "Maturity Date"), subject to Sections 6.2 and Section 6.3 below. -5- PMC Loan and Security Agreement 6.2 Early Termination. (a) Early Termination. This Agreement may be terminated prior to the Maturity Date as follows: (i) by Borrower, Borrower on or after the twelve month anniversary of the Effective Date, effective 20 sixty days after written notice of termination is given to Lende...r; or (ii) by Lender at any time after the occurrence and during the continuance of an Event of Default, without notice, effective immediately. (b) Revolver. If this Agreement is terminated by Borrower or by Lender under this Section 6.2, or if all Obligations are automatically accelerated and become due and payable upon the commencement of any Insolvency Proceeding by Borrower or any Event of Default under Section 7.1(m) (each an "Automatic Acceleration"), then, in any such event, Borrower shall pay to Lender the a termination fees with respect fee in an amount equal to the Loans set forth in Section 3 following: (i) 1.0% of the Schedule, all Maximum Revolver Amount, if the effective date of which termination occurs during months 1-12 after the Effective Date. The termination fee shall be due and payable on the effective date of termination or on any Automatic Acceleration (as the case may be), and the same shall thereafter shall bear interest at a rate equal to the highest rate applicable to any of the Obligations. No termination fee shall be payable on the Revolver if it is never approved by Lender and activated by Borrower. (c) Capex Line. At any time after the Effective Date, Borrower shall have the option to prepay outstanding debt under the Capex Line (together with all accrued but unpaid interest and the Capex Line Prepayment Fee) in whole, but not in part, upon not less than 60 days prior written notice to Lender. As used herein, the term "Capex Line Prepayment Fee" means, as of any date of determination, (i) 1.0% of the aggregate original principal amount of advances under the Capex Line, if the effective date of termination occurs during months 1-12 after the Effective Date. The Capex Line Prepayment Fee shall be due from Borrower to Lender upon any prepayment of outstanding debt under the Capex Line, including without limitation any prepayment as a result of an Event of Default or the exercise of any rights or remedies by Lender following the same. 6.3 Payment of Obligations. On the Maturity Date or on any earlier effective date of termination, Borrower shall pay and perform in full all Obligations, whether evidenced by installment notes or otherwise, and whether or not all or any part of such Obligations are otherwise then due and payable. Notwithstanding any termination of this Agreement, all of Lender's security interests in all of the Collateral and all of the terms and provisions of this Agreement shall continue in full force and effect until all Obligations have been paid and performed in full; provided that Lender may, in its sole discretion, refuse to make any further Loans after termination. No termination shall in any way affect or impair any right or remedy of Lender, nor shall any such termination relieve Borrower of any Obligation to Lender, until all of the Obligations have been paid and performed in full. Upon payment and performance in full of all the Obligations, termination of this Agreement, and execution and delivery by Borrower to Lender shall, at Borrower's expense, of a general release or on Lender's standard form, Lender shall promptly terminate all its financing statements with respect to the Borrower and deliver to Borrower such other filings in favor of Lender documents as may be required to fully terminate Lender's security interests, provided that there are no suits, actions, proceedings or claims pending or threatened against interests. Notwithstanding any Person indemnified by Borrower under such termination, the indemnity provisions of this Agreement with respect to which indemnity has been or may be sought, upon Lender's receipt of the following, in form and content satisfactory to Lender: (i) cash payment shall continue in full of all of the Obligations force and performance by Borrower of all non-monetary Obligations under this Agreement, (ii) written confirmation by Borrower that the commitment of Lender to make Loans under this Agreement has terminated, (iii) a general release of all claims against Lender, its officers, directors, agents, attorneys and Affiliates by Borrower relating to Lender's performance and obligations under the Loan Documents, on Lender's standard form, and (iv) an agreement by Borrower, and any new lender to Borrower to indemnify Lender for any payments received by Lender that are applied to the Obligations that may subsequently be returned or otherwise not paid for any reason. effect. View More
Term. 6.1 Maturity Date. This Agreement shall continue in effect until the maturity date set forth on the Schedule (the "Maturity Date"), subject to Sections 6.2 and Section 6.3 below. 6.2 Early Termination. (a) Early Termination by Lender. This Agreement may be terminated prior to the Maturity Date as follows: (i) by Borrower, effective 20 Lender, at any time, upon ninety (90) days after prior written notice to Borrower, or by Lender, without notice, effective immediately, if an Event of termination ...Default has occurred or is given continuing. (b) No Prepayment Penalties. Borrower shall have the right to Lender; or (ii) by Lender prepay the full amount of any unpaid principal and accrued interest due under this Agreement, at any time after the occurrence and during the continuance of an Event of Default, without notice, effective immediately. If this Agreement is terminated by Borrower or by Lender under this Section 6.2, or if all Obligations are automatically accelerated and become due and payable upon the commencement of any Insolvency Proceeding by Borrower or any Event of Default under Section 7.1(m) (each an "Automatic Acceleration"), then, in any such event, Borrower shall pay to Lender the termination fees with respect to the Loans set forth in Section 3 of the Schedule, all of which shall be due and payable on the effective date of termination or on any Automatic Acceleration (as the case may be), and the same shall thereafter shall bear interest at a rate equal to the highest rate applicable to any of the Obligations. penalty. 6.3 Payment of Obligations. On the Maturity Date or on any earlier effective date of termination, Borrower shall pay and perform in full all Obligations, whether evidenced by installment notes or otherwise, and whether or not all or any part of such Obligations are otherwise then due and payable. Notwithstanding any termination of this Agreement, all of Lender's security interests in all of the Collateral and all of the terms and provisions of this Agreement shall continue in full force and effect until all Obligations have been paid and performed in full; provided that Lender may, in its sole discretion, refuse to make any further Loans after termination. No termination shall in any way affect or impair any right or remedy of Lender, nor shall any such termination relieve Borrower of any Obligation to Lender, until all of the Obligations have been paid and performed in full. Upon payment and performance in full of all the Obligations, termination of this Agreement, and execution and delivery by Borrower to Lender shall, at Borrower's expense, of a general release or on Lender's standard form, attached hereto as Exhibit A, Lender shall promptly terminate all its financing statements with respect to the Borrower and deliver to Borrower such other filings in favor of Lender documents as may be required to fully terminate Lender's security interests, provided that there are no suits, actions, proceedings or claims pending or threatened against interests. Notwithstanding any Person indemnified by Borrower under such termination, the indemnity provisions of this Agreement with respect to which indemnity has been or may be sought, upon Lender's receipt of the following, in form and content satisfactory to Lender: (i) cash payment shall continue in full of all of the Obligations force and performance by Borrower of all non-monetary Obligations under this Agreement, (ii) written confirmation by Borrower that the commitment of Lender to make Loans under this Agreement has terminated, (iii) a general release of all claims against Lender, its officers, directors, agents, attorneys and Affiliates by Borrower relating to Lender's performance and obligations under the Loan Documents, on Lender's standard form, and (iv) an agreement by Borrower, and any new lender to Borrower to indemnify Lender for any payments received by Lender that are applied to the Obligations that may subsequently be returned or otherwise not paid for any reason. effect. View More
Term. 6.1 Maturity Date. This Agreement shall continue in effect until the maturity date set forth on the Schedule (the "Maturity Date"), subject to Sections Section 6.2 and 6.3 below. 6.2 Early Termination. This Agreement may be terminated prior to the Maturity Date as follows: (i) by Borrower, effective 20 days three Business Days after written notice of termination is given to Lender; Agent; or (ii) by Lender Agent at any time after the occurrence and during the continuance of an Event of Default, ...without notice, effective immediately. If this Agreement is terminated by Borrower or by Lender under this Section 6.2, or if all Obligations are automatically accelerated and become due and payable immediately upon the commencement of any Insolvency Proceeding by Borrower or any Event of Default under Section 7.1(m) (each an "Automatic Acceleration"), then, in any such event, Borrower shall pay written notice to Lender the termination fees with respect to the Loans set forth in Section 3 of the Schedule, all of which shall be due and payable on the effective date of termination or on any Automatic Acceleration (as the case may be), and the same shall thereafter shall bear interest at a rate equal to the highest rate applicable to any of the Obligations. Borrower. 6.3 Payment of Obligations. On the Maturity Date or on any earlier effective date of termination, Borrower shall pay and perform in full all Obligations, whether evidenced by installment notes or otherwise, and whether or not all or any part of such Obligations are otherwise then due and payable. Notwithstanding any termination of this Agreement, all of Lender's Agent's and Lenders' security interests in all of the Collateral and all of the terms and provisions of this Agreement shall continue in full force and effect until all Obligations (other than inchoate indemnification obligations) have been paid and performed in full; provided that Lender each of Agent and Lenders may, in its sole discretion, refuse to make any further Loans after termination. No termination shall in any way affect or impair any right or remedy of Lender, Agent or Lenders, nor shall any such termination relieve Borrower of any Obligation to Lender, Agent and Lenders, until all of the Obligations (other than inchoate indemnification 8 Loan and Security Agreement obligations) have been paid and performed in full. Lender Agent shall, at Borrower's expense, release or terminate all financing statements and other filings in favor of Lender Agent as may be required to fully terminate Lender's Agent's and Lenders' security interests, provided that there are no suits, actions, proceedings or claims pending or threatened against any Person indemnified by Borrower under this Agreement with respect to which indemnity has been or may be sought, upon Lender's Agent's receipt of the following, in form and content satisfactory to Lender: Agent: (i) cash payment in full of all of the Obligations and performance by Borrower of all non-monetary Obligations under this Agreement, (ii) written confirmation by Borrower that the commitment of Lender Lenders to make Loans under this Agreement has terminated, and (iii) a general release of all claims against Lender, its officers, directors, agents, attorneys and Affiliates by Borrower relating to Lender's performance and obligations under the Loan Documents, on Lender's standard form, and (iv) an agreement by Borrower, and any new lender to Borrower to indemnify Lender Agent and Lenders for any payments received by Lender Agent and Lenders that are applied to the Obligations that may subsequently be returned or otherwise not paid for any reason. View More
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Term. The purchase right represented by this Warrant is exercisable, in whole or in part, at any time and from time to time from the Date of Grant through ten (10) years after the Date of Grant (the "Term").
Term. The purchase right represented by this Warrant is exercisable, in whole or in part, at any time and from time to time from the Date of Grant through ten (10) seven (7) years after the Date of Grant (the "Term").
Term. The purchase right represented by this Warrant is exercisable, in whole or in part, at any time and from time to time from the Date of Grant through ten (10) seven (7) years after the Date of Grant (the "Term").
Term. The purchase right represented by this Warrant is exercisable, in whole or in part, at any time and from time to time from the Date of Grant through ten (10) years after the seventh anniversary of the Date of Grant (the "Term").
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Term. The term of Executive's employment hereunder shall commence on the Commencement Date and shall continue for three years ("Term") unless terminated earlier as hereinafter provided in this Agreement, or unless extended by mutual written agreement of the Company and Executive. Unless the Company and Executive have otherwise agreed in writing, if Executive continues to work for the Company after the expiration of the Term, his employment thereafter shall be under the same terms and conditions provid...ed for in this Agreement, except that his employment will be on an "at will" basis and the provisions of Sections 4.4, 4.5 and 4.6(c) shall no longer be in effect. Six months prior to the expiration of the Term, the Company and Executive shall commence good faith negotiations for a written extension of this Agreement. View More
Term. The term of Executive's employment hereunder shall commence on the Commencement Date June 18 2021 and shall continue for three years terminate on June 18 2024 ("Term") unless terminated earlier as hereinafter provided in this Agreement, or unless extended by mutual written agreement of the Company and Executive. Unless the Company and Executive have otherwise agreed in writing, if Executive continues to work for the Company after the expiration of the Term, his employment thereafter shall be und...er the same terms and conditions provided for in this Agreement, except that his employment will be on an "at will" basis and the provisions of Sections 4.4, 4.5 4.4 and 4.6(c) shall no longer be in effect. Six months prior to the expiration of the Term, the Company and Executive shall commence good faith negotiations for a written extension of this Agreement. View More
Term. The term of Executive's employment hereunder shall commence on July 1, 2016 ("Commencement Date") and terminate on the five year anniversary of such Commencement Date and shall continue for three years ("Term") unless terminated earlier as hereinafter provided in this Agreement, or unless extended by mutual written agreement of the Company and Executive. Unless the Company and Executive have otherwise agreed in writing, if Executive continues to work for the Company after the expiration of the T...erm, his employment thereafter shall be under the same terms and conditions provided for in this Agreement, except that his employment will be on an "at will" basis and the provisions of Sections 4.4, 4.5 4.4 and 4.6(c) shall no longer be in effect. Six months prior to the expiration of the Term, the Company and Executive shall commence good faith negotiations for a written extension of this Agreement. View More
Term. The term of Executive's employment hereunder shall commence on the Commencement Date March 5, 2014 and shall continue for three years until December 31, 2016 ("Term") unless terminated earlier as hereinafter provided in this Agreement, or unless extended by mutual written agreement of the Company and Executive. Unless the Company and Executive have otherwise agreed in writing, if Executive continues to work for the Company after the expiration of the Term, his employment thereafter shall be unde...r the same terms and conditions provided for in this Agreement, except that his employment will be on an "at will" basis and the provisions of Sections 4.4, 4.5 4.4 and 4.6(c) shall no longer be in effect. Six months prior to the expiration of the Term, the Company and Executive shall commence good faith negotiations for a written extension of this Agreement. View More
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