Common use of By Advisor Clause in Contracts

By Advisor. (i) If the Company breaches this Agreement or fails to make any payments or provide information required hereunder; or (ii) If the Company ceases business or, other than in an Initial Merger, sells a controlling interest to a third party, or agrees to a consolidation or merger of itself with or into another corporation, or enters into such a transaction outside of the scope of this Agreement, or sell substantially all of its assets to another corporation, entity or individual outside of the scope of this Agreement; or (iii) If the Company, subsequent to the execution hereof, has a receiver appointed for its business or assets, or otherwise becomes insolvent or unable to timely satisfy its obligations in the ordinary course of, including but not limited to, the obligation to pay the Initial Fee, the Transaction Fee, or the Advisory Fee; or (iv) If the company, subsequent to the execution hereof, institutes, makes a general assignment for the benefit of creditors, has instituted against it any bankruptcy proceeding for reorganization for rearrangement of its financial affairs, files a petition in a court of Bankruptcy, or is adjudicated a bankrupt; or (v) If any of the disclosures made herein or subsequent hereto by the Company to Consultant are determined to be materially false or misleading.