Common use of Termination Due to Insolvency Clause in Contracts

Termination Due to Insolvency. If either Party (the "Bankrupt Party"), (i) commences or becomes the subject of any case or proceeding under the bankruptcy or insolvency laws; (ii) has appointed for it or for any substantial part of its property a court-appointed receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official; (iii) makes an assignment for the benefit of its credits; (iv) fails generally to pay its debts as they become due; or (v) takes corporate action in furtherance of any of the foregoing (collectively, herein referred to as "Events of Insolvency"), then, in each case, the Bankrupt Party shall immediately give notice of such event to the other Party. Whether or not such notice is given, the other Party shall have the right, to the fullest extent permitted under applicable law, following the occurrence of any Event of Insolvency and without prejudice to any other rights it may have, at any time thereafter to terminate this Agreement, effective immediately upon giving notice to the Bankrupt Party.

Appears in 2 contracts

Samples: Endorsement Agreement, Endorsement Agreement (Ritz Interactive, Inc.)

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Termination Due to Insolvency. If either Party (the "Bankrupt Party"), (i) commences or becomes the subject of any case or proceeding under the bankruptcy or insolvency laws; (ii) has appointed for it or for any substantial part of its property a court-appointed receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official; (iii) makes an assignment for or the benefit of its credits; (iv) fails generally to pay its debts as they become due; or (v) takes corporate action in furtherance of any of the foregoing (collectively, herein referred to as "Events of Insolvency"), then, in each case, the Bankrupt Party shall immediately give notice of such event to the other Party. Whether or not such notice is given, the other Party shall have the right, to the fullest extent permitted under applicable law, following the occurrence of any Event of Insolvency and without prejudice to any other rights it may have, at any time thereafter to terminate this Agreement, effective immediately upon giving notice to the Bankrupt Party.

Appears in 1 contract

Samples: Endorsement Agreement (Berkshire Hills Bancorp Inc)

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Termination Due to Insolvency. If either Party party: (the "Bankrupt Party"), (ia) commences or becomes the subject of any case or proceeding under the bankruptcy bankruptcy, insolvency or insolvency lawsequivalent laws of the United States; (iib) has appointed for it or for any substantial part of its property a court-appointed receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official; (iiic) makes an assignment for the benefit of its creditscreditors; (ivd) fails generally to pay its debts as they become due; or (ve) takes corporate action in furtherance of any of the foregoing (collectively, herein referred to as "Events of Insolvency"), then, in each case, the Bankrupt Party such party shall immediately give notice of such event to the other Partyother. Whether or not such notice is given, the other Party party shall have the right, to the fullest extent permitted under applicable law, following the occurrence of any Event of Insolvency and without prejudice to any other rights it may have, at any time thereafter to terminate this AgreementAgreement without further obligation, effective immediately upon giving notice to the Bankrupt Partynotice.

Appears in 1 contract

Samples: Marketing Agreement (Asymetrix Learning Systems Inc)

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