Common use of Upon Breach Clause in Contracts

Upon Breach. Notwithstanding any provision to the contrary, Heraeus may cancel any Purchase Order or terminate this Purchase Agreement by written notice to Seller immediately upon the occurrence of any of the following: (1) if Seller has breached, or Heraeus reasonably believes that Seller has breached, any provision pertaining to disclosure, misuse or transfer of Confidential Information under Section 16.1 below; (2) the dissolution of Seller; (3) the insolvency, filing of a voluntary or involuntary petition under any law relating to bankruptcy, appointment by a court of a temporary or permanent receiver, trustee or custodian for Seller’s business, or an assignment of Seller’s assets for the benefit of its creditors; (4) the non-permitted assignment, or attempted non- permitted assignment, by Seller of any interest in this Purchase Agreement without the prior written consent of Heraeus; or (5) if Seller sells its business to a third party either through a stock or equity ownership transfer or through a sale of substantially all of its assets.

Upon Breach. Notwithstanding any provision to the contrary, Heraeus Excelitas may cancel any Purchase Order or terminate this Purchase Agreement by written notice to Seller immediately upon the occurrence of any of the following: (1) if Seller has breached, or Heraeus Excelitas reasonably believes that Seller has breached, any provision pertaining to disclosure, misuse or transfer of Confidential Information under Section 16.1 below; (2) the dissolution of Seller; (3) the insolvency, filing of a voluntary or involuntary petition under any law relating to bankruptcy, appointment by a court of a temporary or permanent receiver, trustee or custodian for Seller’s business, or an assignment of Seller’s assets for the benefit of its creditors; (4) the non-permitted assignment, or attempted non- permitted assignment, by Seller of any interest in this Purchase Agreement without the prior written consent of HeraeusExcelitas; or (5) if Seller sells its business to a third party either through a stock or equity ownership transfer or through a sale of substantially all of its assets.

Upon Breach. Notwithstanding any provision to the contrary, Heraeus ▇▇▇▇▇▇▇ may cancel any Purchase Order or terminate this Purchase Agreement by written notice to Seller immediately upon the occurrence of any of the following: (1) if Seller has breached, or Heraeus reasonably believes that Seller has breachedbreached or will breach, any provision pertaining to disclosure, misuse or transfer of Confidential Information under Section 16.1 below; (2) the dissolution of Seller; (3) the insolvency, filing of a voluntary or involuntary petition under any law relating to bankruptcy, appointment by a court of a temporary or permanent receiver, trustee or custodian for Seller’s business, or an assignment of Seller’s assets for the benefit of its creditors; (4) the non-permitted assignment, or attempted non- permitted assignment, by Seller ▇▇▇▇▇▇ of any interest in this Purchase Agreement without the prior written consent of Heraeus; or (5) if Seller sells its business to a third party either through a stock or equity ownership transfer or through a sale of substantially all of its assets.