Termination Clause Example from Business Contracts

Termination. This Agreement shall be subject to termination in the absolute discretion of Guggenheim Securities, by notice given to the Company prior to delivery of and payment for the Securities, if at any time at or prior to such delivery and payment (i) trading in the Company's Units, shares of Common Stock or Warrants shall have been suspended or limited by the Commission, or trading in securities generally on the 30 Exchange or Nasdaq shall have been suspended or limited or minimum prices shall have bee...n established on such exchange or trading market, (ii) a banking moratorium shall have been declared either by Federal or New York State authorities, (iii) there shall have occurred a material disruption in commercial banking or securities settlement or clearance services in the United States or with respect to Clearstream or Euroclear systems in Europe, (iv) there shall have occurred any material adverse change in the financial markets in the United States or the international financial markets, any outbreak or escalation of hostilities, declaration by the United States of a national emergency or war, or other national or international calamity or crisis (including, without limitation, an act of terrorism) or any change or development involving a prospective change in national or international political, financial or economic conditions, in each case, the effect of which on financial markets is such as to make it, in the sole judgment of Guggenheim Securities, impractical or inadvisable to proceed with the offering or delivery of the Securities as contemplated by the Statutory Prospectus or the Prospectus (exclusive of any supplement thereto), (v) since the respective dates as of which information is given in the Registration Statement, the Statutory Prospectus and the Prospectus, any material adverse change or any development involving a prospective material adverse change in or affecting the earnings, business, management, properties, assets, rights, operations, condition (financial or otherwise) or prospects of the Company, whether or not arising in the ordinary course of business, (vi) the enactment, publication, decree or other promulgation of any statute, regulation, rule or order of any court or other governmental authority which in the opinion of Guggenheim Securities materially and adversely affects or may materially and adversely affect the business or operations of the Company, or (vii) the taking of any action by any governmental body or agency in respect of its monetary or fiscal affairs which in the opinion of Guggenheim Securities has a material adverse effect on the securities markets in the United States. View More