Examples of Insecure Party in a sentence
If bankruptcy proceedings are commenced with respect to the Insolvent Party, then the Insecure Party may suspend all further performance of this Agreement until the Insolvent Party assumes or rejects this Agreement pursuant to section 365 of the Bankruptcy Code or any similar or successor provision.
Any such suspension of further performance by the Insecure Party pending the Insolvent Party's assumption or rejection will not be a breach of this Agreement and will not affect the Insecure Party's right to pursue or enforce any of its rights under this Agreement or otherwise 20 Third Party Rights.
Additional Comments or Explanations: None Carbon School District1.
The Insecure Party may suspend deliveries or receipts hereunder or terminate this Contract and all Transactions hereunder without penalty if Adequate Assurance has not been received within two (2) business days of such request or until the requested Adequate Assurance has been posted.
Adequate Assurance may, at the option and sole discretion of the Insecure Party, include (i) the posting of a letter of credit; (ii) cash prepayments; (iii) corporate guarantees or (iv) other collateral security acceptable to the Insecure Party.
Any such suspension of further performance by the Insecure Party pending the Defaulting Party's assumption or rejection shall not be a breach of this Agreement and shall not affect the Insecure Party's right to pursue or enforce any of its rights under this Agreement or otherwise.
If bankruptcy proceedings are commenced with respect to the Defaulting Party and if this Agreement has not otherwise terminated, then the Insecure Party may suspend all further performance of this Agreement until the Defaulting Party assumes or rejects this Agreement pursuant to Section 365 of the Bankruptcy Code or any similar or successor provision.
Adequate assurance shall mean security in the form, amount and for the term reasonably specified by the Insecure Party, including, but not limited to, a standby irrevocable letter of credit issued by a Qualified Institution, a prepayment or a guarantee by an entity deemed creditworthy at the sole discretion of the Insecure Party, advance cash payment or other satisfactory security reasonably acceptable to the Insecure Party.
Notwithstanding anything to the contrary herein, Assuring Party may, within [***] days of it providing Adequate Assurance hereunder and upon [***] days prior written notice to the Insecure Party, terminate this Agreement.
Eligible Collateral shall be posted in a form and an amount reasonably calculated to protect the Insecure Party from its financial exposure hereunder (“Cover Exposure”).