Common use of Termination for Insolvency Clause in Contracts

Termination for Insolvency. Either party may terminate Agreement, effective immediately upon written notice, if the other party becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition for the benefit of creditors, if that petition or proceeding is not dismissed with prejudice within sixty (60) days after filing.

Appears in 11 contracts

Samples: Subscription Services Agreement, User License Agreement, License Agreement

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Termination for Insolvency. Either party Party may immediately terminate Agreement, effective immediately the Agreement upon written notice, notice to the other Party if the other party becomes the subject of Party files a voluntary or petition in bankruptcy, has filed against it an involuntary petition in bankruptcy or any proceeding relating to insolvencybankruptcy, receivership, liquidation or composition makes an assignment for the benefit of creditors, if that petition has a trustee or proceeding receiver appointed for any or all of its assets, is insolvent or fails or is generally unable to pay its debts when due, in each case where such petition, appointment or insolvency is not dismissed with prejudice dismissed, discharged or remedied, as applicable, within sixty (60) days after filingdays.

Appears in 9 contracts

Samples: Distillers Grains Marketing Agreement (Highwater Ethanol LLC), Marketing Agreement (Highwater Ethanol LLC), Distillers Grains Marketing Agreement (Red Trail Energy, LLC)

Termination for Insolvency. Either party may terminate Agreement, effective immediately upon written notice, this Agreement if the other party becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation liquidation, or composition for or the benefit of creditors, if that petition or proceeding is not dismissed with prejudice within sixty (60) days after filing.

Appears in 9 contracts

Samples: Confidential Treatment Requested (Mabvax Therapeutics Holdings, Inc.), Confidential Treatment Requested (Mabvax Therapeutics Holdings, Inc.), License Agreement (Genvec Inc)

Termination for Insolvency. Either party may terminate Agreement, effective this Agreement immediately upon written notice, notice to the other party if the other party becomes the subject of has a voluntary receiver appointed, or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition an assignee for the benefit of creditorscreditors or in the event of any insolvency or inability to pay debts as they become due by the other party, if that petition or proceeding is not dismissed with prejudice within sixty (60) days after filingexcept as may be prohibited by applicable bankruptcy laws.

Appears in 8 contracts

Samples: General Software and Services Terms, Standard Services Terms and Conditions, Standard Services Terms And

Termination for Insolvency. Either party Party may terminate Agreement, effective immediately upon written notice, this Agreement without notice if the other party Party becomes the subject of a voluntary insolvent, makes or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition has made an assignment for the benefit of creditors, if that petition is the subject of proceedings in voluntary or proceeding is not involuntary bankruptcy instituted on behalf of or against such Party (except for involuntary bankruptcies which are dismissed with prejudice within sixty (60) days after filingdays), or has a receiver or trustee appointed for substantially all of its property.

Appears in 7 contracts

Samples: Development Agreement (Mri Interventions, Inc.), Technology License Agreement (Mri Interventions, Inc.), Technology License Agreement (Surgivision Inc)

Termination for Insolvency. Either party may terminate Agreement, effective this Agreement immediately upon written notice, notice if the other party becomes the subject enters into insolvency or bankruptcy proceedings of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition for the benefit of creditors, if that petition or proceeding is not dismissed with prejudice within sixty (60) days after filingsort.

Appears in 6 contracts

Samples: Professional Services Agreement, Master Agreement, Professional Services Agreement

Termination for Insolvency. Either party Party may terminate this Agreement, effective immediately upon written notice, if (i) upon the institution by or against the other party becomes the subject Party of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivershipreceivership or bankruptcy proceedings, liquidation or composition provided that such proceedings are not dismissed within thirty (30) days of commencement, (ii) upon the other Party's making an assignment for the benefit of creditors, if that petition or proceeding is not dismissed with prejudice within sixty (60iii) days after filingupon the other Party's dissolution or ceasing to do business.

Appears in 4 contracts

Samples: Partnership Agreement (Vemics, Inc.), Service Agreement (Vemics, Inc.), Service Agreement (Vemics, Inc.)

Termination for Insolvency. Either party Party may immediately terminate Agreement, effective immediately the Agreement upon written notice, notice to the other Party if the other party becomes the subject of Party files a voluntary or petition in bankruptcy, has filed against it an involuntary petition in bankruptcy or any proceeding relating to insolvencybankruptcy, receivership, liquidation or composition makes an assignment for the benefit of creditors, if that petition has a trustee or proceeding receiver appointed for any or all of its assets, is insolvent or fails or is generally unable to pay its debts when due, in each case where such petition, appointment or insolvency is not dismissed with prejudice dismissed, discharged or remedied, as applicable, within sixty thirty (6030) days after filingdays.

Appears in 4 contracts

Samples: Corn Oil Marketing Agreement (Heron Lake BioEnergy, LLC), Corn Oil Marketing Agreement (Heron Lake BioEnergy, LLC), Corn Oil Marketing Agreement (Homeland Energy Solutions LLC)

Termination for Insolvency. Either party may terminate AgreementIn the event a Party files for protection under the bankruptcy laws, effective immediately upon written notice, if the other party becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition makes an assignment for the benefit of creditors, if that appoints or suffers appointment of a receiver or trustee over its property, files a petition under any bankruptcy or proceeding insolvency act or has any such petition filed against it which is not dismissed with prejudice discharged within sixty ninety (6090) days after filingof the filing thereof, then the other Party may terminate this Agreement effective immediately upon written notice to the Party.

Appears in 4 contracts

Samples: License Agreement (Portage Biotech Inc.), License Agreement (Agenus Inc), License Agreement (Agenus Inc)

Termination for Insolvency. Either party A Party may terminate Agreement, effective immediately upon this Agreement by providing thirty (30) days prior written notice, if notice to the other party becomes Party in the subject case of any adjudication of bankruptcy or insolvency, appointment of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvencyreceiver by a court of competent jurisdiction, receivership, liquidation or composition assignment for the benefit of creditors, if that petition or proceeding is not dismissed with prejudice within sixty (60) days after filinginstitution of liquidation proceedings by or against the other Party. Neither Party will deem termination pursuant to the application of this Section 17.10 to be a breach of this Agreement by a Party.

Appears in 4 contracts

Samples: Alliance Agreement (Celera CORP), Alliance Agreement (Celera CORP), Alliance Agreement (Celera CORP)

Termination for Insolvency. Either party Party may terminate Agreement, effective this Agreement immediately upon delivery of written notice, if notice to the other party becomes Party (a) upon the subject institution by or against the other Party of a voluntary insolvency, receivership or involuntary petition in bankruptcy proceedings or any proceeding relating other proceedings for the settlement of the other Party’s debts; provided, however with respect to insolvencyinvoluntary proceedings, receivership, liquidation or composition that such proceedings are not dismissed within one hundred and twenty (120) days; (b) upon the other Party’s making an assignment for the benefit of creditors, if that petition ; or proceeding is not dismissed with prejudice within sixty (60c) days after filingupon the other Party’s dissolution or ceasing to do business.

Appears in 4 contracts

Samples: Development and License Agreement (Auxilium Pharmaceuticals Inc), Development and License Agreement (Auxilium Pharmaceuticals Inc), Development and License Agreement (Auxilium Pharmaceuticals Inc)

Termination for Insolvency. Either party may terminate Agreement, effective immediately upon written notice, if the other If either party becomes the subject of a voluntary or involuntary petition in bankruptcy or of any proceeding relating to insolvency, receivership, liquidation liquidation, or composition for the benefit of creditors, if that petition or proceeding is not dismissed with prejudice within sixty (60) days after filing, the other party may terminate this Agreement on thirty (30) days' notice.

Appears in 4 contracts

Samples: Supply Agreement (Omm Inc), Foundry Agreement (Xicor Inc), Wafer Purchase Agreement (Marvell Technology Group LTD)

Termination for Insolvency. Either party may terminate Agreement, effective immediately upon written notice, if In the other party becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition event that either Party makes an assignment for the benefit of creditors, if that appoints or suffers appointment of a receiver or trustee over all or substantially all of its property, files a petition under any bankruptcy or proceeding insolvency act or has any such petition filed against it which is not dismissed with prejudice discharged within sixty (60) days after filingof the filing thereof, then the other Party may terminate this Agreement effective immediately upon written notice to such Party.

Appears in 4 contracts

Samples: Sublicense Agreement (Tg Therapeutics, Inc.), Sublicense Agreement (Tg Therapeutics, Inc.), Confidential Treatment (Tg Therapeutics, Inc.)

Termination for Insolvency. Either party may terminate AgreementIn the event that either Party files for protection under bankruptcy laws, effective immediately upon written notice, if the other party becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition makes an assignment for the benefit of creditors, if that appoints or suffers appointment of a receiver or trustee over its property, files a petition under any bankruptcy or proceeding insolvency act of has any such petition filed against it which is not dismissed with prejudice discharged within sixty (60) days after filingof the filing thereof, then the other Party may terminate this Agreement effective immediately upon written notice to such Party.

Appears in 3 contracts

Samples: Collaborative Research and License Agreement, Collaborative Research and License Agreement (Paratek Pharmaceuticals, Inc.), Collaborative Research and License Agreement (Paratek Pharmaceuticals Inc)

Termination for Insolvency. Either party may terminate Agreement, effective immediately upon written notice, this Agreement if the other party becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation liquidation, or composition for or the benefit of creditors, if that petition or proceeding is not dismissed with prejudice within sixty (60) days [c.i.] after filing.

Appears in 3 contracts

Samples: Purchase and Supply Agreement (Dusa Pharmaceuticals Inc), Purchase and Supply Agreement (Dusa Pharmaceuticals Inc), Purchase and Supply Agreement (Dusa Pharmaceuticals Inc)

Termination for Insolvency. Either party Party may terminate Agreement, effective immediately upon this Agreement by thirty (30) days prior written notice, if notice to the other party becomes the subject of Party if: (a) either Party shall become insolvent or make a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition general assignment for the benefit of creditors, if that ; or (b) a petition under any bankruptcy act or proceeding similar statute is filed by or against either Party and is not dismissed with prejudice vacated within sixty ten (6010) days after filingit is filed.

Appears in 3 contracts

Samples: Supply and Manufacturing Agreement, Supply and Manufacturing Agreement (Quanterix Corp), Supply and Manufacturing Agreement (Quanterix Corp)

Termination for Insolvency. Either party may terminate this Agreement, effective immediately upon written notice, if the other party becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition for the benefit of creditors, if that petition or proceeding is not dismissed with prejudice within sixty (60) days after filing.

Appears in 3 contracts

Samples: End User Remote Services Agreement, End User Support Agreement, publishingext.dir.texas.gov

Termination for Insolvency. Either party To the extent permitted by applicable law, -------------------------- either Party may terminate Agreement, effective this Agreement immediately upon written notice, notice without opportunity to cure if the other party Party becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation liquidation, or composition for the benefit of creditors, if that such petition or proceeding is not dismissed with prejudice within sixty ninety (6090) days after filing.

Appears in 3 contracts

Samples: Research Agreement (Ribozyme Pharmaceuticals Inc), Service Agreement (Ribozyme Pharmaceuticals Inc), Service Agreement (Ribozyme Pharmaceuticals Inc)

Termination for Insolvency. Either party may terminate Agreement, effective immediately upon this Agreement by thirty (30) days prior written notice, if notice to the other party becomes the subject of if: (a) either party shall become insolvent or make a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition general assignment for the benefit of creditors, if that ; or (b) a petition under any bankruptcy act or proceeding similar statute is not dismissed with prejudice within sixty (60) days after filingfiled by or against either party.

Appears in 3 contracts

Samples: Stratec Development Agreement (Quotient LTD), Stratec Development Agreement (Quotient LTD), Stratec Development Agreement (Quotient LTD)

Termination for Insolvency. Either party Party may terminate Agreement, effective immediately upon this Agreement by thirty (30) days prior written notice, if notice to the other party becomes the subject of Party if: (i) either Party shall become insolvent or makes a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition general assignment for the benefit of creditors, if that ; or (ii) a petition under any bankruptcy act or proceeding similar statute is filed by or against either Party and is not dismissed with prejudice vacated within sixty ten (6010) days after filingit is filed.

Appears in 3 contracts

Samples: Stratec Development Services and Equity Participation Agreement, Stratec Development Services and Equity Participation Agreement (Quanterix Corp), Stratec Development Services and Equity Participation Agreement (Quanterix Corp)

Termination for Insolvency. Either party may terminate AgreementIn the event a Party files for protection under the bankruptcy laws, effective immediately upon written notice, if the other party becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition makes an assignment for the benefit of creditors, if that appoints or suffers appointment of a receiver or trustee over its property, files a petition under any bankruptcy or proceeding insolvency act or has any such petition filed against it which is not dismissed with prejudice discharged within sixty (60) days after filingof the filing thereof, then the other Party may terminate this Agreement effective immediately upon written notice to such Party.

Appears in 3 contracts

Samples: , and Supply Agreement (Sucampo Pharmaceuticals, Inc.), Licensing and Data Sharing Agreement (Sucampo Pharmaceuticals, Inc.), Supply Agreement (Sucampo Pharmaceuticals, Inc.)

Termination for Insolvency. Either party This Agreement may terminate Agreement, effective be terminated at any time by a Party immediately upon written notice, notice if the other party Party: (i) becomes the subject of insolvent; (ii) files a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition for the benefit of creditors, if that petition or proceeding is not dismissed with prejudice within sixty (60) days after filingthe commencement of any such proceedings, the proceedings have not been dismissed; or (iii) makes an assignment for the benefit of its creditors.

Appears in 2 contracts

Samples: Search Distribution Agreement (Perion Network Ltd.), Search Distribution Agreement (Perion Network Ltd.)

Termination for Insolvency. Either party This Agreement may terminate Agreementbe terminated at any time by either party, effective immediately upon written notice, if the other party party: (1) becomes the subject of insolvent, (2) files a voluntary or involuntary petition in bankruptcy bankruptcy, or any proceeding relating to insolvency, receivership, liquidation or composition (3) makes an assignment for the benefit of creditors, if that petition or proceeding is not dismissed with prejudice within sixty (60) days after filing.

Appears in 2 contracts

Samples: Distribution Agreement (Redenvelope Inc), Distribution Agreement (Redenvelope Inc)

Termination for Insolvency. Either party may terminate AgreementThis Agreement shall terminate, effective immediately upon written noticenotice by either Party, (i) if the other party becomes the subject of a Party files voluntary or bankruptcy proceedings, (ii) if involuntary petition in bankruptcy or any proceeding relating to insolvency, receivershipreceivership or bankruptcy proceedings instituted against the other Party are not dismissed within sixty (60) calendar days of such institution, liquidation or composition (iii) upon the other Party's making an assignment for the benefit of creditors, if that petition or proceeding is not dismissed with prejudice within sixty (60iv) days after filingupon the other Party's dissolution or ceasing to do business.

Appears in 2 contracts

Samples: License and Supply Agreement (Helicos Biosciences Corp), License and Supply Agreement (Helicos Biosciences Corp)

Termination for Insolvency. Either party Party may terminate Agreement, effective immediately this Agreement upon written notice, notice to the other Party if the other party Party ceases to function as a going concern, becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvencyinsolvent, receivership, liquidation or composition makes an assignment for the benefit of creditors, if that files a petition in bankruptcy, permits a petition in bankruptcy to be filed against it and such petition or proceeding is not terminated or dismissed with prejudice within sixty (60) days after of such filing, or admits in writing its inability to pay its debts as they mature, or if a receiver is appointed for a substantial part of its assets.

Appears in 2 contracts

Samples: Technology Services (Advanced Medical Optics Inc), Information Technology Services Agreement (Advanced Medical Optics Inc)

Termination for Insolvency. Either party may terminate this Agreement, effective immediately upon written notice, if the other party becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition for the benefit of creditors, if that petition or proceeding is not dismissed with prejudice within sixty (60) days after filing.sixty

Appears in 2 contracts

Samples: Cooperative Contract, Support Agreement

Termination for Insolvency. Either party Party may terminate Agreement, effective immediately upon this Agreement by written noticenotice immediately, if the other party Party: (a) becomes the subject insolvent, or (b) a petition of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation similar action under relevant bankruptcy or composition for the benefit of creditors, if that petition insolvency proceedings is filed by or proceeding is against said Party and not dismissed with prejudice within sixty ninety (6090) days after filingthereafter, or (c) a receiver is appointed with respect to any asset of said Party or (d) liquidation proceedings (except solvent and voluntary liquidation for reorganization purposes) are commenced by or against said Party.

Appears in 2 contracts

Samples: Exclusive License Agreement (Felicitex Therapeutics Inc.), Exclusive License Agreement (Felicitex Therapeutics Inc.)

Termination for Insolvency. Either party Party may terminate Agreement, effective immediately upon written notice, this Agreement if the other party becomes the subject of Party files, or has filed against it, a petition for voluntary or involuntary petition in bankruptcy or pursuant to any proceeding relating other insolvency law, or the other Party makes or seeks to insolvency, receivership, liquidation or composition make a general assignment for the benefit of creditorsits creditors or applies for or consents to the appointment of a trustee, if that petition receiver or proceeding custodian for it or a substantial part of its property, and such situation is not dismissed with prejudice cured within sixty (60) 30 days after filingfrom its occurrence, such termination to take effect upon delivery of notice of termination to the other Party.

Appears in 2 contracts

Samples: Supply Agreement (Braeburn Pharmaceuticals, Inc.), Supply Agreement (Braeburn Pharmaceuticals, Inc.)

Termination for Insolvency. Either party Party may terminate Agreement, effective immediately this Agreement upon written notice, if notice to the other party becomes should the subject other Party become insolvent or file or consent to the filing of a voluntary or involuntary petition in under any bankruptcy or insolvency law or have any proceeding relating to insolvency, receivership, liquidation or composition for the benefit of creditors, if that such petition or proceeding is filed against it which has not dismissed with prejudice been stayed within sixty (60) days after of such filing.

Appears in 2 contracts

Samples: Development and License Agreement (Generex Biotechnology Corp), Development and License Agreement (Generex Biotechnology Corp)

Termination for Insolvency. Either party may terminate Agreement, effective this Agreement immediately upon written notice, if notice of the other party becomes the subject of shall: (i) become insolvent or file or have filed against it a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition (which is not dismissed within thirty (30) days after it is filed); (ii) make an assignment for the benefit of creditors, if that petition ; or proceeding is not dismissed with prejudice within sixty (60iii) days after filingdissolve or cease to do business in the ordinary course.

Appears in 2 contracts

Samples: International Sales Representative Agreement, International Sales Representative Agreement (Artisan Components Inc)

Termination for Insolvency. Either party Party may terminate this Agreement, including the XXXX, or any license hereunder, effective immediately upon written notice, if the other party Party becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition for the benefit of creditors, if if, in the case of involuntary petitions or proceedings, that petition or proceeding is not dismissed with prejudice within sixty (60) calendar days after filing.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Termination for Insolvency. Either party Party may terminate Agreement, effective immediately this Agreement at any time during the Initial Term upon thirty (30) days written notice, if notice to the other party Party in the event that the other Party becomes the subject of a voluntary insolvent, be unable to pay its debts or involuntary petition in bankruptcy make or any proceeding relating seek to insolvency, receivership, liquidation make an arrangement with or composition an assignment for the benefit of its creditors, or if that petition proceedings are commenced in bankruptcy or proceeding is not dismissed with prejudice within sixty (60) days after filingpursuant to any other insolvency law by or on behalf of or against a Party, or if a receiver or trustee of the property of the other Party be appointed.

Appears in 2 contracts

Samples: Development and License Agreement, Development and License Agreement (Salix Pharmaceuticals LTD)

Termination for Insolvency. Either party Party may terminate Agreement, effective this Agreement immediately upon written notice, at its option if the other party Party (i) ceases to do business in the normal course; (ii) becomes or is declared insolvent or bankrupt; (iii) is the subject of a any proceeding related to its liquidation or insolvency (whether voluntary or involuntary petition in bankruptcy involuntary) which is not dismissed within ninety (90) days; or any proceeding relating to insolvency, receivership, liquidation or composition (iv) makes an assignment for the benefit of creditors, if that petition or proceeding is not dismissed with prejudice within sixty (60) days after filing.

Appears in 2 contracts

Samples: Following Agreement, Services Agreement

Termination for Insolvency. Either party Party may terminate Agreement, effective immediately upon written notice, this Agreement if the other party Party becomes the subject of insolvent, voluntarily files a voluntary or involuntary petition in for relief under bankruptcy or any proceeding relating to insolvency, receivership, liquidation similar or composition other insolvency laws (or has a petition filed against it and the same remains undischarged or unstayed for the benefit of creditors, if that petition 60 days) or proceeding is not dismissed with prejudice within sixty (60) days after filingvoluntarily or involuntarily enters receivership or any similar or other insolvency proceeding.

Appears in 2 contracts

Samples: Commercial Agreement (O2diesel Corp), D Agreement (Dyadic International Inc)

Termination for Insolvency. Either party Party may terminate Agreement, this Agreement effective immediately upon written notice, if notice to the other party becomes Party in the subject of event a voluntary or involuntary petition in Party files for protection under the bankruptcy or any proceeding relating to insolvencylaws, receivership, liquidation or composition makes an assignment for the benefit of creditors, if that appoints or suffers appointment of a receiver or trustee over its property, files a petition under any bankruptcy or proceeding insolvency act or has any such petition filed against it which is not dismissed with prejudice discharged within sixty (60) [* * *] days after filingof the filing thereof.

Appears in 2 contracts

Samples: Development and License Agreement (Durect Corp), Supply Agreement (Durect Corp)

Termination for Insolvency. Either party Party may terminate Agreement, effective immediately upon written notice, this Agreement without notice if the other party Party becomes the subject of a voluntary insolvent, makes or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition has made an assignment for the benefit of creditors, if that petition is the subject of proceedings in voluntary or proceeding is not involuntary bankruptcy instituted on behalf of or against such Party (except for involuntary bankruptcies which are dismissed with prejudice within sixty ninety (6090) days after filingdays), or has a receiver or trustee appointed for substantially all of its property.

Appears in 2 contracts

Samples: Technology License Agreement (Ivanhoe Electric Inc.), Technology License Agreement (Ivanhoe Electric Inc.)

Termination for Insolvency. Either party This Agreement may terminate Agreement, effective be terminated by a Party without penalty immediately upon written giving notice, if proceedings under any bankruptcy, insolvency or similar legislation are instituted (and not withdrawn or terminated within 60 days) by or against the other party becomes non-terminating Party, or the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition non-terminating Party makes an assignment for the benefit of creditors, if that petition or proceeding a receiver is not dismissed with prejudice within sixty (60) days after filingappointed for all or a substantial part of the non-terminating Party's assets.

Appears in 2 contracts

Samples: Supply Agreement (A123 Systems Inc), Supply Agreement (A123 Systems, Inc.)

Termination for Insolvency. Either party To the extent permitted under Applicable Law, a Party may terminate Agreement, effective immediately this Agreement upon thirty (30) days written notice, notice to the other Party if the other party Party becomes the subject of insolvent, makes a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition general assignment for the benefit of creditors, if that files a voluntary petition in bankruptcy, suffers or permits the appointment of a receiver for its business or assets, becomes subject to any proceeding is not dismissed with prejudice within sixty (60) days after filingunder any bankruptcy or any insolvency law, whether domestic or foreign, or has wound up or liquidated its business voluntarily or otherwise.

Appears in 2 contracts

Samples: Enzyme Supply Agreement, Enzyme Supply Agreement (Urovant Sciences Ltd.)

Termination for Insolvency. Either party may terminate Agreement, effective immediately upon written notice, this -------------------------- Agreement if the other party becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation liquidation, or composition for or the benefit of creditors, if that petition or proceeding is not dismissed with prejudice within sixty (60) days after filing.

Appears in 2 contracts

Samples: Warrant Agreement (Genvec Inc), Warrant Agreement (Genvec Inc)

Termination for Insolvency. Either party may terminate AgreementIn the event that either Party files for protection under bankruptcy laws, effective immediately upon written notice, if the other party becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition makes an assignment for the benefit of creditors, if that appoints or suffers appointment of a receiver, trustee, or similar agent over its property, files a petition under any bankruptcy or proceeding insolvency act or has any such petition filed against it which is not dismissed with prejudice discharged within sixty one hundred eighty (60180) days after filingof the filing thereof, then the other Party may terminate this Agreement effective immediately upon written notice to such Party.

Appears in 2 contracts

Samples: Technology License and Commercialization Agreement (GoLogiq, Inc.), Technology License and Commercialization Agreement (Recruiter.com Group, Inc.)

Termination for Insolvency. Either party Party may terminate Agreementthis Agreement upon the filing or institution of bankruptcy, effective immediately upon written notice, if the other party becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivershipreorganization, liquidation or composition receivership proceedings, or upon an assignment of a substantial portion of the assets for the benefit of creditorscreditors of the other Party; provided, however, that in the case of any involuntary bankruptcy proceedings such right to terminate shall only become effective if the Party that petition is the subject of such proceedings consents to the involuntary bankruptcy or such proceeding is not dismissed with prejudice within sixty ninety (6090) days after filingthe commencement thereof.

Appears in 1 contract

Samples: Collaboration and License Agreement (Centrexion Therapeutics Corp)

Termination for Insolvency. Either party may terminate Agreement, effective immediately this Agreement upon written notice, notice if the other party becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation liquidation, or composition for the benefit of creditors, if that such petition or proceeding is not dismissed with prejudice within sixty (60) days after filing.

Appears in 1 contract

Samples: License and Distribution Agreement (Neon Systems Inc)

Termination for Insolvency. Either party may terminate Agreement, effective this Agreement immediately upon written notice, if notice to the other party becomes in the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition event such other party makes an assignment for the benefit of its creditors, if admits to being insolvent or otherwise admits to being unable to pay its debts as they mature/come due, voluntarily files a bankruptcy petition under the federal bankruptcy code or any similar state laws, or has an involuntary petition for bankruptcy filed against it that petition or proceeding is not dismissed with prejudice or vacated within sixty ninety (6090) days after filingit has been filed.

Appears in 1 contract

Samples: Sales, and Distribution Agreement (Overhill Farms Inc)

Termination for Insolvency. Either party may terminate Agreement, effective immediately upon written notice, if In the other party becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition event that either Party makes an assignment for the benefit of creditors, if that appoints or suffers appointment of a receiver or trustee over all or substantially all of its property, files a petition under any bankruptcy or proceeding insolvency act or has any such petition filed against it which is not dismissed with prejudice discharged within sixty (60* ( * ) days after filingof the filing thereof, then the other Party may terminate this Agreement effective immediately upon written notice to such Party.

Appears in 1 contract

Samples: Confidential Treatment (Tg Therapeutics, Inc.)

Termination for Insolvency. Either party may terminate Agreement, effective this Agreement immediately upon written notice, if and without notice in the event that an application is made by the other party becomes for the subject appointment of a voluntary receiver, trustee or involuntary custodian for any of the other party's assets; a petition in bankruptcy under any section or chapter of the federal Bankruptcy Code or any proceeding relating to insolvency, receivership, liquidation similar law or composition for regulation is filed by or against the benefit of creditors, if that petition or proceeding other party and is not dismissed with prejudice within sixty (60) days after filingdays; the other party makes an assignment for the benefit of his creditors; or the other party becomes insolvent or fails generally to pay his debts as they become due.

Appears in 1 contract

Samples: Risk Contract Management Agreement (Phycor Inc /Tn/)

Termination for Insolvency. Either party The Agreement may terminate Agreementbe terminated at any time by either party, effective immediately upon written notice, notice if the other party party: becomes the subject of insolvent, files a voluntary or involuntary petition in bankruptcy bankruptcy, or any proceeding relating to insolvency, receivership, liquidation or composition makes an assignment for the benefit of creditors, if that petition or proceeding is not dismissed with prejudice within sixty (60) days after filing.

Appears in 1 contract

Samples: uploads-ssl.webflow.com

Termination for Insolvency. Either party may terminate Agreement, effective immediately upon written notice, this Agreement if the other party becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation liquidation, or composition for or the benefit of creditors, if that petition or proceeding is not dismissed with prejudice within sixty (60) days after filingfiling in the country such entity is incorporated.

Appears in 1 contract

Samples: License Agreement (Supergen Inc)

Termination for Insolvency. Either party may terminate AgreementThis Agreement terminates without notice if either Party (i) voluntarily files a petition in bankruptcy, effective immediately upon written notice, or (ii) is involuntarily petitioned into bankruptcy if the other party becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition for the benefit of creditors, if that petition or proceeding is not dismissed with prejudice vacated within sixty (60) days after filing30 days.

Appears in 1 contract

Samples: assets.website-files.com

Termination for Insolvency. Either party may terminate Agreement, this Agreement effective immediately upon written noticegiving notice to the other party, if (i) upon the institution by or against the other party becomes the subject of a voluntary insolvency, receivership or involuntary petition in bankruptcy proceedings or any proceeding relating to insolvency, receivership, liquidation or composition other proceedings for the benefit settlement of creditors, if that petition or its debts and such proceeding is not dismissed with prejudice within sixty (60) days after filingof its being filed; (ii) upon the other party making an assignment for the benefit of creditors; or (iii) upon the other party’s dissolution or liquidation.

Appears in 1 contract

Samples: Development Agreement (Tivo Inc)

Termination for Insolvency. Either party may terminate Agreement, effective immediately upon this Agreement by thirty (30) days prior written notice, if notice to the other party becomes the subject of if: (a) either party shall become insolvent or make a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition general assignment for the benefit of creditors, if that ; or (b) a petition under any bankruptcy act or proceeding similar statute is filed by or against either party and is not dismissed with prejudice vacated within sixty ten (6010) days after filingit is filed.

Appears in 1 contract

Samples: Agreement (Gen Probe Inc)

Termination for Insolvency. Either party may terminate Agreement, effective immediately upon written notice, if the other party If either Party becomes the subject of a voluntary insolvent or involuntary petition in bankruptcy bankrupt or any proceeding relating to insolvency, receivership, liquidation or composition makes an assignment for the benefit of creditors, if that petition or upon a receiver or trustee in bankruptcy being appointed for either Party, or upon any proceeding is not dismissed with prejudice within sixty in bankruptcy, receivership, or liquidation being instituted against a Party and continuing for thirty (6030) days after filingwithout being dismissed, then the other Party will be entitled to terminate this Agreement by delivering notice of termination to the Party in default, which shall be effective upon receipt.

Appears in 1 contract

Samples: Product Sale and Purchase Agreement

Termination for Insolvency. Either party may terminate Agreement, effective the Contract immediately upon written notice, notice to the other party if the other party (a) becomes the subject of a voluntary or involuntary petition in bankruptcy or any voluntary proceeding relating to insolvency, receivership, liquidation liquidation, or composition for the benefit of creditors; or (b) becomes the subject of an involuntary petition in bankruptcy or involuntary proceeding relating to insolvency, if that and such involuntary petition or proceeding is not dismissed with prejudice within sixty thirty (6030) days after filingof the earlier of its filing or commencement.

Appears in 1 contract

Samples: Master Customer Agreement

Termination for Insolvency. Either party may shall have the right to terminate this Agreement, effective immediately upon written noticeimmediately, if the other party becomes should become the subject of a any voluntary or involuntary petition in bankruptcy bankruptcy, receivership or any other insolvency proceeding relating to insolvency, receivership, liquidation or composition make an assignment or other arrangement for the benefit of its creditors, if that petition or proceeding and such action is not dismissed with prejudice discharged or terminated within sixty ninety (6090) days after filingdays.

Appears in 1 contract

Samples: Master Procurement Agreement (Arbinet Thexchange Inc)

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Termination for Insolvency. Either party This Agreement may terminate Agreementbe terminated at any time by a Party’s prior written notice upon the filing or institution of bankruptcy, effective immediately upon written notice, if the other party becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivershipreorganization, liquidation or composition receivership proceedings by or against the other Party (the “Bankrupt Party”), or upon an assignment of a substantial portion of the Bankrupt Party’s assets for the benefit of its creditors; provided, however, that in the event of any involuntary bankruptcy or receivership proceeding, such right to terminate shall only become effective if that petition or the proceeding is not dismissed with prejudice within sixty (60) days after filingthe filing thereof.

Appears in 1 contract

Samples: Distribution Agreement (Can-Fite BioPharma Ltd.)

Termination for Insolvency. Either party may terminate Agreement, effective immediately upon written notice, this Agreement if the other party becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation liquidation, or composition for the benefit of creditorsdissolution, if that and such petition or proceeding is not dismissed with prejudice within sixty (60) days after filing.

Appears in 1 contract

Samples: Research License and Option Agreement (Abgenix Inc)

Termination for Insolvency. Either If a party may terminate Agreement, effective immediately upon written notice, if the other party becomes the subject of files or has filed against it a voluntary or involuntary petition in bankruptcy not dismissed within thirty (30) days, becomes insolvent, or any proceeding relating to insolvency, receivership, liquidation or composition makes an assignment for the benefit of all or substantially all of its creditors, if that petition or proceeding is not dismissed with prejudice within sixty (60) days after filingthe other party may terminate this Agreement upon written notice. Xxxxxxxx's obligation to pay all amounts when due hereunder shall survive termination of this Agreement for any reason.

Appears in 1 contract

Samples: General Terms – Master Services Agreement

Termination for Insolvency. Either party Party may terminate Agreement, effective this Agreement immediately upon written notice, if notice to the other party becomes Party in the subject event the other Party (i) ceases to function as a going concern or to conduct operations in the normal course of business, or (ii) has a voluntary petition filed by or involuntary petition in against it under any state or federal bankruptcy or any proceeding relating to insolvency, receivership, liquidation insolvency law which petition has not been dismissed or composition for the benefit of creditors, if that petition or proceeding is not dismissed with prejudice set aside within sixty (60) days after of its filing.

Appears in 1 contract

Samples: Distribution and Marketing Rights Agreement (Avert Inc)

Termination for Insolvency. Either party may terminate Agreement, effective immediately upon written notice, this Agreement if the other party becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation liquidation, or composition for or the benefit of creditors, if that petition or proceeding is not dismissed with prejudice within sixty (60) days after filing.

Appears in 1 contract

Samples: Patent License Agreement (Bellacasa Productions Inc)

Termination for Insolvency. Either This Agreement may be terminated by a party may terminate Agreement, effective without penalty immediately upon written giving notice, if proceedings under any bankruptcy, insolvency or similar legislation are instituted by or against the other non-terminating party becomes (and not withdrawn or terminated within 60 days), or the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition non-terminating party makes an assignment for the benefit of creditors, if that petition or proceeding a receiver is not dismissed with prejudice within sixty (60) days after filingappointed for all or a substantial part of the non-terminating party's assets.

Appears in 1 contract

Samples: Contract Manufacturing Agreement (A123 Systems Inc)

Termination for Insolvency. Either party Party may terminate Agreementthis Agreement and/or a Work Order hereunder, effective immediately upon written noticenotice to the other Party, if upon the other party becomes the subject of filing a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvencyhaving an involuntary bankruptcy petition filed against it, receivership, liquidation or composition for the benefit of creditors, if that petition or proceeding which is not dismissed with prejudice within sixty thirty (6030) days after filingits institution.

Appears in 1 contract

Samples: Master Agreement for Services (INSMED Inc)

Termination for Insolvency. Either party Party may terminate Agreement, effective this Agreement and any or all Statements of Work immediately upon written notice, without notice if the other party becomes the Party: (i) voluntarily institutes insolvency, receivership or bankruptcy proceedings, (ii) is involuntarily made subject of a voluntary or involuntary petition in to any bankruptcy or any insolvency proceeding relating to insolvency, receivership, liquidation or composition and such proceeding is not dismissed within sixty (60) days of the filing of such proceeding; (iii) makes an assignment for the benefit of creditors, if that petition or proceeding is not dismissed with prejudice within sixty (60iv) days after filingundergoes any dissolution or cessation of business.

Appears in 1 contract

Samples: Master Services Agreement (Generex Biotechnology Corp)

Termination for Insolvency. Either party may terminate Agreement, effective this Agreement immediately upon written notice, if notice in the event the other party becomes the subject of shall (a) become insolvent or files or have filed against it a voluntary petition for bankruptcy (which is not dismissed within 90 days after it is filed), or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition (b) make an assignment for the benefit of creditors, if that petition or proceeding is not dismissed with prejudice within sixty (60c) days after filingdissolve or cease to do business in the ordinary course.

Appears in 1 contract

Samples: Memorandum of Agreement (KMC Telecom Holdings Inc)

Termination for Insolvency. Either party may terminate Agreement, effective immediately upon written notice, if In the other party becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition event that either Party makes an assignment for the benefit benefits of creditors, if that appoints or suffers appointment of a receiver or trustee over all or substantially all of its property, files a petition under any bankruptcy or proceeding insolvency act or has any such petition filed against it which petition is not dismissed with prejudice discharged within sixty (60) days after filingof the filling thereof, then the other Party may terminate this Agreement effective immediately upon written notice to such Party.

Appears in 1 contract

Samples: License and Commercialization Agreement (Summit Therapeutics PLC)

Termination for Insolvency. Either party may terminate Agreement, effective immediately upon written notice, if the other If either party becomes the subject of a voluntary or involuntary petition in bankruptcy or of any proceeding relating to insolvency, receivership, liquidation liquidation, or composition assignment for the benefit of creditors, if that petition or proceeding is not dismissed with prejudice within sixty thirty (6030) days after filing, the other party may terminate this Agreement on thirty (30) days' written notice.

Appears in 1 contract

Samples: Foundry Agreement (Tower Semiconductor LTD)

Termination for Insolvency. Either party may terminate Agreement, effective this Agreement immediately upon written notice, if the other party becomes the subject of a any voluntary or involuntary petition in bankruptcy or any voluntary or involuntary proceeding relating to insolvency, receivership, liquidation liquidation, or composition for the benefit of creditors, if that such petition or proceeding is not dismissed with prejudice within sixty (60) 60 days after of filing.

Appears in 1 contract

Samples: Subscription Agreement

Termination for Insolvency. Either A party may terminate Agreement, effective this Agreement immediately upon by providing written notice, notice to the other party if the other party party: (i) ceases to conduct business in the normal course; (ii) becomes or is declared insolvent or bankrupt; (iii) is the subject of a any proceeding related to its liquidation or insolvency (whether voluntary or involuntary petition in bankruptcy involuntary) which is not dismissed within ninety (90) calendar days; or any proceeding relating to insolvency, receivership, liquidation or composition (iv) makes an assignment for the benefit of creditors, if that petition or proceeding is not dismissed with prejudice within sixty (60) days after filing.

Appears in 1 contract

Samples: Pocketalk Sales Agreement

Termination for Insolvency. Either party may terminate Agreement, effective immediately upon written notice, this Agreement if the other party becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation liquidation, or composition for the benefit of creditors, if that petition or proceeding is not dismissed with prejudice within sixty (60) days after filing.

Appears in 1 contract

Samples: License Agreement (Vivus Inc)

Termination for Insolvency. Either party may terminate Agreement, effective immediately upon this Agreement by written notice, notice to the other party if the other party (i) becomes the subject of a voluntary insolvent or involuntary petition in admits inability to pay its debts generally as they become due; (ii) becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or any proceeding relating to insolvencyinsolvency law, receivership, liquidation which is not fully stayed within seven (7) business days or composition for the benefit of creditors, if that petition or proceeding is not dismissed with prejudice or vacated within sixty forty-five (6045) days after filing.; (iii) is dissolved or liquidated or takes any corporate action for such purpose;

Appears in 1 contract

Samples: Esignlive™ Electronic Signature Service Terms

Termination for Insolvency. Either party A Party may terminate Agreement, effective immediately upon written notice, this Agreement if the other party becomes Party (a) files a voluntary petition in bankruptcy (b) becomes, the subject of a voluntary or any involuntary petition in bankruptcy or any proceeding relating proceedings related to its liquidation, insolvency, receivershipor the appointment of a receiver or similar officer for it, liquidation or composition for the benefit of creditorswhich proceedings, if that petition or proceeding is involuntary, are not dismissed with prejudice within sixty ninety (6090) days after filingcalendar days.

Appears in 1 contract

Samples: Trust 3000 Service Agreement (Investors Financial Services Corp)

Termination for Insolvency. Either In the event that either party may terminate Agreementfiles for protection under bankruptcy laws, effective immediately upon written notice, if the other party becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition makes an assignment for the benefit of creditors, if that appoints or suffers appointment of a receiver or trustee over its property, files a petition under any bankruptcy or proceeding insolvency act or has any such petition filed against it which is not dismissed with prejudice discharged within sixty ninety (6090) days after filingof such action, then the other party may terminate this Agreement effective immediately upon written notice to such party.

Appears in 1 contract

Samples: Supply Agreement (Cytogenix Inc)

Termination for Insolvency. Either party may terminate Agreement, effective immediately upon written notice, this Agreement -------------------------- if the other party becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation liquidation, or composition for or the benefit of creditors, if that petition or proceeding is not dismissed with prejudice within sixty (60) days after filing.

Appears in 1 contract

Samples: License Agreement (Genvec Inc)

Termination for Insolvency. Either party may terminate Agreement, effective immediately upon written notice, this Agreement and any outstanding purchase order if the other party becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation liquidation, or composition for or the benefit of creditors, if that petition or proceeding is not dismissed with prejudice within sixty (60) days [c.i.] after filing.

Appears in 1 contract

Samples: Purchase and Supply Agreement (Dusa Pharmaceuticals Inc)

Termination for Insolvency. Either party may terminate Agreement, effective immediately upon written notice, if the other If either party becomes the subject of a voluntary or involuntary petition in bankruptcy or of any proceeding relating to insolvency, receivership, liquidation or composition for the benefit of creditorscreditors and in the case of StorMedia, if that petition or proceeding is not dismissed with prejudice within sixty (60) days after filing, the other party may terminate this Agreement on thirty (30) days' notice.

Appears in 1 contract

Samples: Agreement (Stormedia Inc)

Termination for Insolvency. Either party may terminate Agreement, effective immediately this Agreement upon written notice, if the other party becomes ceases to conduct business in the subject of ordinary course, makes a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition general assignment for the benefit of creditors, if that files a petition or proceeding for total liquidation in bankruptcy, permits a petition in bankruptcy to be filed against it which is not dismissed with prejudice within sixty (60) days after filing60 days, or if a receiver is appointed for a substantial part of its assets.

Appears in 1 contract

Samples: Asset Purchase Agreement (Pinnacle Systems Inc)

Termination for Insolvency. Either party may terminate Agreement, effective this Agreement -------------------------- immediately upon written notice, if notice in the event the other party becomes the subject of shall (a) become insolvent or file or have filed against it a voluntary petition for bankruptcy (which is not dismissed within 30 days after it is filed), or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition (b) make an assignment for the benefit of creditors, if that petition or proceeding is not dismissed with prejudice within sixty (60c) days after filingdissolve or cease to do business in the ordinary course.

Appears in 1 contract

Samples: Application Hosting Agreement (Insynq Inc)

Termination for Insolvency. Either party may terminate Agreement, effective immediately this Agreement upon written notice, if notice in the event the other party becomes the subject of a (a) files or has filed against it voluntary or involuntary petition in proceedings instituted under any bankruptcy or any proceeding relating to insolvencyinsolvency law, receivershipor a receiver or custodian is appointed for such party, liquidation or composition proceedings are instituted for the benefit corporate dissolution of creditorssuch party, and such proceedings, if that petition or proceeding is not involuntary, have been dismissed with prejudice within sixty (60) days after the date of filing, or (b) if such party makes an assignment for the benefit of creditors.

Appears in 1 contract

Samples: Technology and Patent License Agreement (Cobra Electronics Corp)

Termination for Insolvency. Either party may terminate AgreementIn the event that either Party files for protection under bankruptcy laws, effective immediately upon written notice, if the other party becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition makes an assignment for the benefit of creditors, if that appoints or suffers appointment of a receiver or trustee over its property, files a petition under any bankruptcy or proceeding insolvency act or has any such petition filed against it which is not dismissed with prejudice discharged within sixty (60) days after filingof the filing thereof, then the other Party may terminate this Agreement effective immediately upon written notice to such Party.

Appears in 1 contract

Samples: Collaborative Research Agreement (Epix Medical Inc)

Termination for Insolvency. Either party Party may terminate Agreement, effective immediately upon this Agreement by thirty (30) days’ prior written notice, if notice to the other party becomes the subject of Party if: (a) either Party shall become insolvent or make a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition general assignment for the benefit of creditors, if that ; or (b) a petition under any bankruptcy act or proceeding similar statute is filed by or against either Party and is not dismissed with prejudice vacated within sixty ten (6010) days after filingit is filed.

Appears in 1 contract

Samples: Supply and Manufacturing Agreement (Quotient LTD)

Termination for Insolvency. Either party may terminate Agreement, effective immediately upon written notice, if this Agreement in -------------------------- the event that the other party becomes the subject of insolvent, files a voluntary or involuntary petition in bankruptcy bankruptcy, is declared bankrupt, makes an assignment for benefit of creditors or any proceeding relating to insolvencythere is reasonable evidence indicating the imminent possibility of such filing or assignment, receivership, liquidation or composition during the term that this Agreement is in effect. Termination under this provision shall be effective 20 days following written notice that this Agreement is being terminated for the benefit of creditors, if that petition or proceeding is not dismissed with prejudice within sixty (60) days after filingreason stated in this Section 3.3.

Appears in 1 contract

Samples: License Agreement (Healthcentral Com)

Termination for Insolvency. Either party may shall have the right to immediately terminate Agreement, effective immediately upon written notice, the Agreement without liability if the other party becomes is the subject of a voluntary or an involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition for the benefit of creditors, if filing that petition or proceeding is not withdrawn or dismissed with prejudice within sixty (60) days after of filing, or any voluntary bankruptcy filing, becomes insolvent, or is liquidated. For clarification purposes, “insolvent” means a party’s admission in writing of its inability to pay its debts as they become due.

Appears in 1 contract

Samples: Master Service Agreement

Termination for Insolvency. Either party may terminate Agreement, effective this Agreement immediately upon written notice, if notice in the event the other party becomes the subject shall (i) file or have been filed against a petition of a voluntary bankruptcy (which is not dismissed within thirty (30) days after it has been filed), or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition (ii) make an assignment for the benefit of creditors, if that petition or proceeding is not dismissed with prejudice within sixty (60iii) days after filingdissolve or cease to do business in the ordinary course.

Appears in 1 contract

Samples: Distribution and Marketing Agreement (Capstone Dental Pubco, Inc.)

Termination for Insolvency. Either Upon the filing of a petition in bankruptcy, insolvency, or reorganization against or by either party, or either party becoming subject to a composition for creditors, whether by law or agreement, or either party going into receivership or otherwise becoming insolvent (the "Insolvent Party"), this Agreement may terminate Agreement, effective immediately upon written notice, if be terminated by the other party becomes by giving written notice of termination to the subject ”Insolvent Party”, such termination being effective immediately without further obligation upon giving of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition for the benefit of creditors, if that petition or proceeding is not dismissed with prejudice within sixty (60) days after filingsuch notice.

Appears in 1 contract

Samples: International Distribution Agreement (Cyberonics Inc)

Termination for Insolvency. Either party may terminate Agreement, effective immediately upon written notice, if In the other party becomes event that either Party (i) ceases to function as a going concern or to conduct operations in the subject normal course of business or (ii) has a voluntary petition filed by or involuntary petition in against it under any state or federal bankruptcy or any proceeding relating to insolvency, receivership, liquidation insolvency laws which petition has not been dismissed or composition for the benefit of creditors, if that petition or proceeding is not dismissed with prejudice set aside within sixty (60) days after of filing., the other Party may terminate this Agreement and any Order Forms upon written notice to the insolvent Party of intent to terminate

Appears in 1 contract

Samples: Intersect Service Agreement

Termination for Insolvency. Either party may Party shall have the right to immediately terminate Agreement, effective immediately upon written notice, if this Agreement in the event the other party Party becomes the subject of insolvent, makes a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition general assignment for the benefit of its creditors, if that files or has filed against it a petition in bankruptcy (or proceeding Territory equivalent) which is not dismissed with prejudice within sixty ninety (6090) days after filingfrom the date of filing or files a petition in any national, provincial or federal proceeding (or Territory equivalent) seeking relief from its creditors.

Appears in 1 contract

Samples: Distribution Agreement (Zentek Ltd.)

Termination for Insolvency. Either party may terminate AgreementIn the event that either Party files for protection under bankruptcy laws, effective immediately upon written notice, if the other party becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition makes an assignment for the benefit of creditors, if that appoints or suffers appointment of a receiver or trustee over its property, files a petition under any bankruptcy or proceeding insolvency act of has any such petition filed against it which is not dismissed with prejudice discharged within sixty (60) days after filingof the filing thereof, then the other Party may terminate this Agreement effective immediately upon written notice to such Party. 10.2.5.

Appears in 1 contract

Samples: Collaborative Research and License Agreement (Paratek Pharmaceuticals, Inc.)

Termination for Insolvency. Either party Party may terminate Agreement, effective this Agreement immediately upon written notice, at its option if the other party Party (a) ceases to do business in the normal course; (b) becomes or is declared insolvent or bankrupt; (c) is the subject of a any proceeding related to its liquidation or insolvency (whether voluntary or involuntary petition in bankruptcy involuntary) which is not dismissed within ninety (90) days; or any proceeding relating to insolvency, receivership, liquidation or composition (d) makes an assignment for the benefit of creditors, if that petition or proceeding is not dismissed with prejudice within sixty (60) days after filing.

Appears in 1 contract

Samples: Subscription Services Agreement

Termination for Insolvency. Either party This Agreement may terminate Agreement, effective immediately be terminated at any time by a Party upon written notice, if the other party becomes the subject filing or institution of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivershipbankruptcy, liquidation or composition for receivership proceedings by or against the benefit other Party; provided, however, that in the event of creditorsany involuntary bankruptcy or receivership proceeding, such right to terminate this Agreement shall only become effective if that petition or the proceeding is not dismissed with prejudice within sixty (60) days after filingthe filing thereof.

Appears in 1 contract

Samples: Master Cell Banking and Cryopreservation Agreement (Cytori Therapeutics, Inc.)

Termination for Insolvency. Either party hereto may terminate this Agreement, effective immediately upon written notice, if the other party becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition for the benefit of creditors, if that petition or proceeding is not dismissed with prejudice within sixty (60) days after filing.

Appears in 1 contract

Samples: Distribution Agreement (Boston Communications Group Inc)

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