Common use of Termination for Insolvency Clause in Contracts

Termination for Insolvency. This Agreement may be terminated by -------------------------- either party effective immediately upon written notice (i) upon the institution by or against the other party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other party's debts under United States, California or Japan law, (ii) upon the other party's making an assignment for the benefit of creditors, or (iii) upon the other party's dissolution or ceasing to do business.

Appears in 5 contracts

Samples: International Distributor Agreement (Therasense Inc), International Distributor Agreement (Therasense Inc), International Distributor Agreement (Therasense Inc)

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Termination for Insolvency. This Each Party may terminate this Agreement may be terminated by -------------------------- either party effective immediately upon written notice notice, (i) upon the institution by or against the other party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other such party's debts under United States, California or Japan lawdebts, (ii) upon the other party's making an a general assignment for the benefit of creditors, or (iii) upon the other party's dissolution or ceasing to do business.

Appears in 4 contracts

Samples: Share Purchase Agreement, Share Purchase Agreement (Entera Bio Ltd.), Patent Transfer Agreement (Entera Bio Ltd.)

Termination for Insolvency. This Either Party may terminate this Agreement may be terminated at any time by -------------------------- either party effective immediately upon giving written notice (i) upon the institution by or against to the other party of insolvencyParty, receivership or bankruptcy proceedings or any other proceedings for the settlement of which notice will be effective upon dispatch, should the other party's debts under United StatesParty file a petition of any type as to its bankruptcy, California or Japan lawbe declared bankrupt, (ii) upon the other party's making become insolvent, make an assignment for the benefit of creditors, or (iii) upon the other party's dissolution go into liquidation or ceasing to do business.receivership; or

Appears in 4 contracts

Samples: Manufacturing and Supply Agreement (Silk Road Medical Inc), Manufacturing and Supply Agreement, Manufacturing and Supply Agreement (Silk Road Medical Inc)

Termination for Insolvency. This Either party may terminate this Agreement may be terminated by -------------------------- either party effective immediately upon written notice upon: (i) upon the institution by or against the other party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other party's debts under United States, California or Japan lawdebts, (ii) upon the other party's making an assignment for the benefit of its creditors, or (iii) upon the other party's dissolution or ceasing to do businessconduct business as a going concern.

Appears in 4 contracts

Samples: Development and License Agreement (Wink Communications Inc), Master Affiliation Agreement (Wink Communications Inc), Development and License Agreement (Wink Communications Inc)

Termination for Insolvency. This Either party may in its sole discretion -------------------------- terminate this Agreement may be terminated by -------------------------- either party effective immediately upon written giving notice to the other party (i) upon the institution by or against the other party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other party's its debts under United States, California or Japan law, and such proceeding is not dismissed within sixty (60) days of its being filed; (ii) upon the other party's party making an assignment for the benefit of creditors, ; or (iii) upon the other party's dissolution or ceasing to do business.liquidation. MISCELLANEOUS PROVISIONS ------------------------

Appears in 3 contracts

Samples: Agreement (Xm Satellite Radio Holdings Inc), Agreement (Xm Satellite Radio Holdings Inc), Agreement (Xm Satellite Radio Holdings Inc)

Termination for Insolvency. This Agreement may be terminated by -------------------------- either party effective immediately upon written notice (i) upon the institution by or against the other party Party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other party's debts under United States, California or Japan lawproceedings, (ii) upon the other partyParty's making an assignment for the benefit of creditors, or (iii) upon the other partyParty's dissolution or ceasing to do business.

Appears in 3 contracts

Samples: License and Marketing Agreement (Esps Inc), License and Marketing Agreement (Esps Inc), License and Marketing Agreement (Esps Inc)

Termination for Insolvency. This Agreement may be terminated by will terminate -------------------------- automatically, with no further action of either party, if a party effective immediately upon written notice (i) upon the institution by or against the other party is adjudicated bankrupt, files a voluntary petition of insolvencybankruptcy, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other party's debts under United States, California or Japan law, (ii) upon the other party's making an makes a general assignment for the benefit of creditors, is unable to meet its obligations in the normal course of business or (iii) upon the other if a receiver is appointed on account of a party's dissolution or ceasing to do businessinsolvency.

Appears in 3 contracts

Samples: Channel Management Agreement (Avantgo Inc), Channel Management Agreement (Avantgo Inc), Channel Management Agreement (Avantgo Inc)

Termination for Insolvency. This Either party may terminate this Agreement may be terminated immediately by -------------------------- either party effective immediately upon written notice (i) upon the institution by or against to the other party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of if (a) the other party's debts party files a petition for bankruptcy or is adjudicated a bankrupt under United States, California or Japan any applicable bankruptcy law, ; (iib) upon the other party's making party makes an assignment for the benefit of creditors, its creditors or an arrangement for its creditors pursuant to any applicable bankruptcy law; (c) the other party discontinues its business; or (iiid) upon a receiver is appointed for the other party's dissolution party or ceasing to do its business.

Appears in 3 contracts

Samples: Master Services Agreement, Master Services Agreement, Sales Representative Agreement

Termination for Insolvency. This Either you or we may terminate the Agreement may be terminated by -------------------------- either party effective immediately upon written notice (i) upon the institution by or against sending the other party of insolvencynotice if that party: (a) becomes insolvent, receivership admits in writing its inability to pay its debts as they mature, or bankruptcy proceedings or any other proceedings for the settlement of the other party's debts under United States, California or Japan law, (ii) upon the other party's making makes an assignment for the benefit of creditors; or (b) becomes subject to control of a trustee, receiver, or (iii) upon the other party's dissolution similar authority, or ceasing to do businessany bankruptcy or insolvency proceeding.

Appears in 3 contracts

Samples: d7umqicpi7263.cloudfront.net, www.oregon.gov, assets.applytosupply.digitalmarketplace.service.gov.uk

Termination for Insolvency. This Either party may terminate this Agreement may be terminated by -------------------------- either party effective immediately upon written notice to the other in the event of (ia) upon the institution appointment, by a court of competent jurisdiction, of a receiver for all or against any substantial part of the other party’s properties, provided that such receiver is not discharged within sixty (60) days of its appointment; (b) the adjudication of the other party as bankrupt; or (c) the execution by the other party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other party's debts under United States, California or Japan law, (ii) upon the other party's making an assignment of substantially all of its assets for the benefit of its creditors, or (iii) upon the other party's dissolution or ceasing to do business.

Appears in 3 contracts

Samples: Exclusive License Agreement (MultiVir Inc.), Exclusive License Agreement (MultiVir Inc.), Exclusive License Agreement (MultiVir Inc.)

Termination for Insolvency. This Agreement Either party may be terminated by -------------------------- either party effective immediately upon written notice terminate this Agreement: (ia) upon the institution filing of any voluntary petition by or the other party under any bankruptcy Laws; (b) upon the filing of any involuntary petition against the other party under any bankruptcy Laws that is not dismissed within sixty (60) days after filing; (c) upon any appointment of insolvency, receivership a receiver for all or bankruptcy proceedings or any other proceedings for the settlement a substantial portion of the other party's debts under United States, California ’s business or Japan law, operations; or (iid) upon any assignment of all or substantially all the assets of the other party's making an assignment party for the benefit of creditors, or (iii) upon the other party's dissolution or ceasing to do business.

Appears in 3 contracts

Samples: Younow Props Services Agreement (YouNow, Inc.), Master Services Agreement (YouNow, Inc.), Master Services Agreement (YouNow, Inc.)

Termination for Insolvency. This Either Party may immediately terminate this Agreement may be terminated by -------------------------- either party effective immediately upon written notice to the other Party in the event the other Party: (i) upon the institution by or against the other party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other party's debts under United States, California or Japan law, becomes insolvent; (ii) upon the other party's making an files, submits, initiates, agrees to or is subject to any bankruptcy petition, conservatorship, request or petition for appointment of a receiver, or demand or application for voluntary or involuntary dissolution; or (iii) makes a general assignment for the benefit of its creditors, or (iii) upon the other party's dissolution or ceasing to do business.

Appears in 3 contracts

Samples: Services Agreement, Easyworkforce Software Terms of Service, Master Services Agreement (Homeunion Holdings, Inc.)

Termination for Insolvency. This Agreement may be terminated by -------------------------- either party effective immediately Party, upon written notice to the other Party, (i) if such Party becomes insolvent, (ii) upon the institution by or against the other party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other party's debts under United States, California or Japan lawits debts, (iiiii) upon the other party's such Party’s making an a general assignment for the benefit of creditorscredits, or (iiiiv) upon the other party's such Party’s dissolution or ceasing to do businessconduct business in the normal course.

Appears in 3 contracts

Samples: Data Services Agreement (HMS Holdings Corp), Data Services Agreement (HMS Holdings Corp), Data Services Agreement (HMS Holdings Corp)

Termination for Insolvency. This Either party may terminate this Agreement may be terminated by -------------------------- either party effective immediately immediately, upon written notice notice, (i) upon the institution by or against the other party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other partyother's debts under United States, California or Japan lawdebts, (ii) upon the other partyother's making an assignment for the benefit of creditors, creditors or (iii) upon the other partyother's dissolution or ceasing to do businessconduct business in the normal course.

Appears in 2 contracts

Samples: Application Reseller Agreement (Faro Technologies Inc), Nonexclusive Unique Application Reseller Agreement (Faro Technologies Inc)

Termination for Insolvency. This Agreement may be terminated by -------------------------- either party effective immediately upon written notice shall terminate, without notice, (i) upon the institution by or against the other either party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other such party's debts under United States, California or Japan law’s debts, (ii) upon the other either party's ’s making an assignment for the benefit of creditors, or (iii) upon the other either party's ’s dissolution or ceasing to do business.

Appears in 2 contracts

Samples: Supply Agreement (Biomimetic Therapeutics, Inc.), Supply Agreement (Biomimetic Therapeutics, Inc.)

Termination for Insolvency. This Agreement may be terminated by shall terminate, -------------------------- either party effective immediately upon written notice without notice, (i) upon the institution by or against the other either party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other such party's debts under United Statesdebts, California or Japan lawwhich, if involuntary, are not dismissed within ninety (90) days, (ii) upon the other either party's making an assignment for the benefit of creditors, or (iii) upon the other either party's dissolution or ceasing to do businessdissolution.

Appears in 2 contracts

Samples: Joint Marketing Agreement (Chemdex Corp), Joint Marketing Agreement (Chemdex Corp)

Termination for Insolvency. This Agreement may be terminated by -------------------------- either party effective immediately upon written shall terminate, without notice (i) upon the institution by or against the other party either Party of insolvency, receivership or bankruptcy proceedings or any other proceedings proceeding for the settlement of the other party's debts under United States, California or Japan lawsuch Party’s debts, (ii) upon the other party's either Party’s making an assignment for the benefit of creditors, or (iii) upon the other party's either Party’s dissolution or ceasing to do business.

Appears in 2 contracts

Samples: Original Equipment Manufacturer Agreement (Sourcefire Inc), Original Equipment Manufacturer Agreement (Sourcefire Inc)

Termination for Insolvency. This Either party may terminate this Agreement may be terminated by -------------------------- either party effective immediately upon written notice (i) upon the institution by or against to the other party in the event of insolvency(a) the appointment, receivership or bankruptcy proceedings by a court of competent jurisdiction, of a receiver for all or any other proceedings for the settlement substantial part of the other party's debts under United Statesproperties, California or Japan law, provided that such receiver is not discharged within sixty (ii60) upon days of its appointment; (b) the adjudication of the other party's making party as bankrupt; or (c) the execution by the other party of an assignment of substantially all of its assets for the benefit of its creditors, or (iii) upon the other party's dissolution or ceasing to do business.

Appears in 2 contracts

Samples: Exclusive License Agreement (Introgen Therapeutics Inc), Exclusive License Agreement (Introgen Therapeutics Inc)

Termination for Insolvency. This Either party may terminate this Agreement may be terminated by -------------------------- either party effective immediately upon written notice (i) upon the institution by or against if the other party is unable to pay its debts or has a receiver, administrator, administrative receiver or liquidator appointed or calls a meeting of insolvency, receivership its creditors or bankruptcy proceedings or ceases for any other proceedings for the settlement of the other party's debts under United States, California or Japan law, (ii) upon the other party's making an assignment for the benefit of creditors, or (iii) upon the other party's dissolution or ceasing reason to do carry on its business.

Appears in 2 contracts

Samples: assets.digitalmarketplace.service.gov.uk, Terms and Conditions

Termination for Insolvency. This Agreement may be terminated by -------------------------- either party effective immediately upon written notice shall terminate, at the election of the other party, (i) upon the institution by or against the other either party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other party's debts under United States, California or Japan lawdebts, (ii) upon the other party's either party making an assignment for the benefit of creditors, or (iii) upon the other party's either party dissolution or ceasing to do business.

Appears in 2 contracts

Samples: Sales Agency (Palomar Medical Technologies Inc), Sales Agency (Palomar Medical Technologies Inc)

Termination for Insolvency. This Agreement may be terminated by -------------------------- either party effective immediately upon written notice shall terminate, without notice: (i) upon the institution by or against the other party either Party of insolvency, receivership receivership, or bankruptcy proceedings or any other proceedings for the settlement of the other party's debts under United States, California or Japan law, either Party’s debts; (ii) upon the other party's either Party making an assignment for the benefit of creditors, ; or (iii) upon the other party's either Party’s dissolution or ceasing to do business.

Appears in 2 contracts

Samples: Surgeryplus Services Agreement, Surgeryplus Services Agreement

Termination for Insolvency. This Agreement may be terminated by -------------------------- either party effective will terminate immediately upon written without notice (i) upon the institution by or against the other either party of insolvency, receivership or bankruptcy proceedings proceedings, or any other proceedings for the settlement of the other party's debts under United States, California or Japan lawdebt, (ii) upon the other following either party's making an assignment for the benefit of creditors, or (iii) upon the other following either party's dissolution or ceasing to do businessdissolution.

Appears in 2 contracts

Samples: Oem Agreement (Pinnacle Systems Inc), Oem Agreement (Pinnacle Systems Inc)

Termination for Insolvency. 16.2.1. This Agreement may be terminated by -------------------------- either party effective immediately upon written notice (i) upon the institution by or against Party if the other party of insolvencyParty shall become insolvent, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other party's debts under United Statescease doing business as a going concern, California or Japan law, (ii) upon the other party's making an make a general assignment for the benefit of its creditors, or admit in writing its general inability to pay debts, or if proceedings are instituted by or against it in bankruptcy, under applicable insolvency laws, or for receivership or dissolution, provided such proceedings are not dismissed within sixty (iii60) upon the other party's dissolution or ceasing to do businessdays of their commencement.

Appears in 2 contracts

Samples: License and Managed Services Agreement (Vonage Holdings Corp), License and Managed Services Agreement (Vonage Holdings Corp)

Termination for Insolvency. This Agreement may be terminated by -------------------------- either party effective immediately Party, upon written notice to the other Party, (i) upon the institution by or against the other party Party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other party's debts under United States, California or Japan lawParty’s debts, (ii) upon the other party's Party’s making an assignment for the benefit of creditors, or (iii) upon the other party's dissolution Party’s dissolution, winding up or ceasing to do businessconduct business in the normal course.

Appears in 2 contracts

Samples: Cross License Agreement, Cross License Agreement (Loyalty Alliance Enterprise Corp)

Termination for Insolvency. This Notwithstanding the foregoing, this -------------------------- Agreement may be terminated by -------------------------- either party effective immediately upon written notice if the other party: (i) upon the institution by or against the other party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other party's debts under United States, California or Japan law, becomes insolvent; (ii) upon the other party's making files a petition in bankruptcy; or (iii) makes an assignment for the benefit of its creditors, or (iii) upon the other party's dissolution or ceasing to do business.

Appears in 2 contracts

Samples: Strategic Business Agreement (Altavista Co), Strategic Business Agreement (Altavista Co)

Termination for Insolvency. This Either Party may terminate this Agreement may be terminated by -------------------------- either party effective immediately upon delivery of written notice to the other Party (ia) upon the institution by or against the other party a finding of insolvency, receivership or bankruptcy proceedings or any other proceedings by a competent court, for the settlement of the other partyParty's debts under United States, California or Japan lawdebts, (iib) upon the other partyParty's making an assignment for the benefit of creditors, or (iiic) upon the other partyParty's dissolution or ceasing to do business.

Appears in 1 contract

Samples: License Agreement (Advanced Accelerator Applications S.A.)

Termination for Insolvency. This Agreement may be terminated by -------------------------- either party effective at any time during the term of this Agreement immediately upon written notice (i) upon by either Party, in the institution by or against event the other party of insolvencyParty files for protection under bankruptcy Applicable Laws, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other party's debts under United States, California or Japan law, (ii) upon the other party's making makes an assignment for the benefit of creditors, appoints or (iii) upon suffers appointment of a receiver or trustee over its property, files a petition under any bankruptcy or insolvency act or has any such petition filed against it which is not discharged within [***] of the other party's dissolution or ceasing to do businessfiling thereof.

Appears in 1 contract

Samples: Exclusive License Agreement (Dare Bioscience, Inc.)

Termination for Insolvency. This Either Party may terminate this Agreement may be terminated by -------------------------- either party effective immediately upon delivery of written notice to the other Party (i) upon the institution by or against the other party Party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other partyParty's debts under United Statesdebts, California or Japan lawprovided, with respect to involuntary proceedings, that such proceedings are not dismissed within [1] days, (ii) upon the other partyParty's making an assignment for the benefit of creditors, or (iii) upon the other partyParty's dissolution or ceasing to do business.

Appears in 1 contract

Samples: Development, Commercialization and License Agreement (Connetics Corp)

Termination for Insolvency. This Either Party may terminate this Agreement may be terminated by -------------------------- either party effective immediately upon written giving notice to the other Party, (i) upon the institution by or against the such other party Party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other party's its debts under United States, California and such proceeding is not rescinded or Japan law, dismissed within sixty (60) days of its being filed; (ii) upon the such other party's Party making an assignment for the benefit of creditors, ; or (iii) upon the such other partyParty's dissolution or ceasing to do businessliquidation.

Appears in 1 contract

Samples: Development and Distribution Agreement (Tivo Inc)

Termination for Insolvency. This Agreement may be terminated -------------------------- by -------------------------- either party effective immediately upon written notice party, on notice, (i) upon the institution by or against the other party of insolvency, receivership receivership, bankruptcy, reorganization or bankruptcy composition proceedings or any other proceedings for the settlement of the other such party's debts under United States, California or Japan lawdebts, (ii) upon the other party's making an assignment for the benefit of creditors, or (iii) upon the other party's dissolution dissolution, winding up or ceasing to do businessconduct business in the normal course.

Appears in 1 contract

Samples: License Agreement (Liquid Audio Inc)

Termination for Insolvency. This Agreement may be terminated by -------------------------- either party effective immediately Party at any time during the Term upon written notice (i) to the other Party, upon the filing or institution by of bankruptcy, reorganization, liquidation or against the other party receivership proceedings, or upon an assignment of insolvency, receivership all or bankruptcy proceedings or any other proceedings for the settlement a substantial portion of the other party's debts under United States, California or Japan law, (ii) upon the other party's making an assignment assets for the benefit of creditorscreditors by such other Party; provided, however, that in the case of any involuntary bankruptcy proceeding such right to terminate shall only become effective if the Party consents to the involuntary bankruptcy or (iii) upon such proceeding is not dismissed within after the other party's dissolution or ceasing to do business.filing thereof. 11.4

Appears in 1 contract

Samples: License and Collaboration Agreement (C4 Therapeutics, Inc.)

Termination for Insolvency. This Agreement may be terminated shall terminate without the need for further action by -------------------------- either party effective immediately upon written notice party: (ia) upon in the institution by or against event that the other party becomes insolvent or generally fails to pay, or admits in writing its inability to pay its debts as they become due; (b) the other party ceases active operation of insolvency, receivership its business; (c) the other party adopts a resolution for discontinuance of its business or bankruptcy proceedings for dissolution; or (d) the other party takes any other proceedings for the settlement corporate or similar action authorizing any of the other party's debts under United States, California or Japan law, (ii) upon the other party's making an assignment for the benefit of creditors, or (iii) upon the other party's dissolution or ceasing to do businessforegoing.

Appears in 1 contract

Samples: Manufacturing Services Agreement (Zebra Technologies Corp/De)

Termination for Insolvency. This Agreement may be terminated by -------------------------- either a party effective immediately upon written notice (i) upon the institution by or against the other party of insolvency, receivership or bankruptcy proceedings or any other proceedings proceeding for the settlement of the other such party's debts under United States, California or Japan law’s debts, (ii) upon the other party's either party making an assignment for the benefit of creditors, or (iii) upon the other either party's ’s dissolution or ceasing to do businessbusiness but only if the party described in (i), (ii) or (iii) is in breach of its obligations under this Agreement or any Amendment and the other party so desires to terminate this Agreement by giving written notice.

Appears in 1 contract

Samples: Development Agreement (Edentify, Inc.)

Termination for Insolvency. This Agreement may be terminated by -------------------------- either party effective immediately upon written notice shall terminate, without notice, (i) upon the institution by or against the other either party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other such party's debts under United States, California or Japan lawdebts, (ii) upon the other either party's making an assignment for the benefit of creditors, or (iii) upon the other either party's dissolution or ceasing to do business.

Appears in 1 contract

Samples: Distributor Agreement (General Surgical Innovations Inc)

Termination for Insolvency. This each party may terminate the Agreement may be terminated by -------------------------- either party effective immediately upon written notice with immediate effect if another party is unable to pay its debts or has a receiver, administrator, administrative receiver or liquidator (ior in each case, the equivalent in another jurisdiction) upon appointed or calls a meeting of its creditors or ceases for any reason to carry on business or if, in the institution by or against the other party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement reasonable opinion of the other party's debts under United Statesparty wishing to terminate, California or Japan law, (ii) upon the other party's making an assignment for the benefit any of creditors, or (iii) upon the other party's dissolution or ceasing to do businessthese events appears likely.

Appears in 1 contract

Samples: General Contractual Framework for Services

Termination for Insolvency. This Agreement may be terminated by -------------------------- either party effective immediately upon written notice (i) upon the institution by or against the other either party of insolvency, receivership or bankruptcy proceedings or any other proceedings proceeding for the settlement of the other either party's debts under United States, California or Japan law, debts; (ii) upon the other party's either party making an assignment for the benefit of creditors, or (iii) upon the other either party's dissolution or ceasing to do businessbusiness but only if the party described in (i), (ii) or (iii) is in breach of its obligations under this Agreement and the other party so desires to terminate this Agreement by giving written notice.

Appears in 1 contract

Samples: Joint Marketing Agreement (Collegeclub Com Inc)

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Termination for Insolvency. This Agreement may be terminated by terminated, -------------------------- either party effective immediately upon written notice on notice, (i) upon either party's insolvency, (ii) the institution by or against the other either party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other that party's debts under United States, California or Japan lawdebts, (iiiii) upon the other either party's making an assignment for the benefit of creditors, or (iiiiv) upon the other either party's dissolution or ceasing to do businessbusiness in the normal course.

Appears in 1 contract

Samples: Volume Purchase Agreement (Virata Corp)

Termination for Insolvency. This Agreement may be terminated by -------------------------- either party effective immediately Either party, upon written notice to the other party, may elect to immediately terminate this Agreement upon the occurrence of any of the following events: (i) upon the institution by a receiver is appointed for either party or against the other party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other party's debts under United States, California or Japan law, its property; (ii) upon the other party's making either party makes an assignment for the benefit of its creditors, or ; (iii) upon the other party's dissolution any proceedings are commenced by or ceasing to do business.for either party under any bankruptcy, insolvency, or debtor’s relief law and such proceedings are not set aside within thirty days following their filing; or

Appears in 1 contract

Samples: Software License and Services Agreement

Termination for Insolvency. This Agreement may be terminated by -------------------------- either party effective immediately will terminate, without notice, upon written notice (ia) upon the institution by or against the other party either Party of insolvency, receivership receivership, or bankruptcy proceedings or any other proceedings for the settlement of the other party's debts under United States, California or Japan lawsuch Party’s debts, (iib) upon the other party's a Party making an assignment for the benefit of creditors, or (iiic) upon the other party's either Party’s dissolution or ceasing to do business.

Appears in 1 contract

Samples: Marketing Agreement (Zagg INC)

Termination for Insolvency. This Agreement may be terminated by -------------------------- either party effective immediately a Party upon written notice (i) upon the institution by or against to the other party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of Party if (a) the other party's debts under United States, California or Japan law, (ii) upon the other party's making Party shall make an assignment of substantially all of its assets for the benefit of its creditors, file a petition in bankruptcy, petition or (iii) upon apply to any tribunal for the other party's appointment of a custodian, receiver or trustee for it or a substantial part of its assets, or shall commence any proceeding under any bankruptcy, reorganization, readjustment of debt, dissolution or ceasing to do business.liquidation law or statute of any jurisdiction, whether now or hereafter in effect; or

Appears in 1 contract

Samples: License Agreement

Termination for Insolvency. This Agreement may be terminated by -------------------------- either party effective immediately upon written notice shall terminate, without notice, (i) upon the institution by or against the other either party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other insolvent party's debts under United States, California or Japan lawdebts, (ii) upon the other party's insolvent party making an assignment for the benefit of creditors, or (iii) upon the other insolvent party's dissolution or ceasing to do business.

Appears in 1 contract

Samples: Supply Agreement (Everest Medical Corporation)

Termination for Insolvency. This Agreement may be terminated by terminated, -------------------------- either party effective immediately upon written notice upon: (i) upon the institution by or against either party to the other party Agreement of insolvency, receivership or bankruptcy proceedings or any other proceedings for the general settlement of the other party's debts under United States, California or Japan lawits debts, (ii) upon the other partyeither Party's making an general assignment for the benefit of creditors, or (iii) upon the other either party's dissolution or ceasing to do business. Such termination shall be effective upon the delivery of written notice from the party not involved in any such proceedings or actions.

Appears in 1 contract

Samples: Exclusive Software License and Use Agreement (Netsolve Inc)

Termination for Insolvency. This Agreement may be terminated by -------------------------- either party effective immediately party, upon written notice to the other party, (i) upon the institution by or against the other party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other party's debts under United States, California or Japan lawdebts, (ii) upon the other party's making an assignment for the benefit of creditors, or (iii) upon the other party's dissolution dissolution, winding up or ceasing to do businessconduct business in the normal course.

Appears in 1 contract

Samples: Technology Cross License Agreement (McAfee Com Corp)

Termination for Insolvency. This Agreement may be terminated by shall terminate -------------------------- either party effective immediately upon written notice immediately, without notice, (i) upon the institution by or against the other either party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other either party's debts under United States, California or Japan lawdebts, (ii) upon the other party's either party making an a general assignment for the benefit of creditors, or (iii) upon the other either party's dissolution or ceasing to do businessdissolution.

Appears in 1 contract

Samples: Confidential Treatment (Vicinity Corp)

Termination for Insolvency. This Agreement may be terminated by shall terminate, without -------------------------- either party effective immediately upon written notice notice, (i) upon the institution by or against the other party either Party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other partysuch Party's debts under United States, California or Japan lawdebts, (ii) upon the other partyeither Party's making an assignment for the benefit of creditors, or (iii) upon the other partyeither Party's dissolution or ceasing to do business.

Appears in 1 contract

Samples: Buy Sell Agreement (Newcom Inc)

Termination for Insolvency. This Either party may terminate this Agreement may be terminated immediately by -------------------------- either party effective immediately upon written notice (i) upon to the institution other party if a petition for relief under any bankruptcy legislation is filed by or against the other party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other party's debts under United States, California or Japan law, (ii) upon the other party's making party makes an assignment for the benefit of creditors, creditors or (iii) upon a receiver is appointed for all or substantially all of the other party's dissolution or ceasing to do business’s assets.

Appears in 1 contract

Samples: Web Site Hosting and Maintenance Agreement

Termination for Insolvency. This Agreement may be terminated by -------------------------- either party effective immediately upon written notice will terminate, without notice, (i) upon the institution by or against the other either party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other party's debts under United States, California or Japan lawdebts, (ii) upon the other either party's making an assignment of substantially all of its assets for the benefit of creditors, or (iiiii) upon the other either party's dissolution or ceasing to do cessation of business.

Appears in 1 contract

Samples: Volume Purchase Agreement (Epic Design Technology Inc /Ca/)

Termination for Insolvency. This Either Party may terminate this Agreement may be terminated by -------------------------- either party effective immediately upon written giving notice to the other Party, (i) upon the institution by or against the other party Party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other party's its debts under United States, California or Japan law, and such proceeding is not dismissed within sixty (60) days of its being filed; (ii) upon the other party's Party making an assignment for the benefit of creditors, ; or (iii) upon the other partyParty's dissolution or ceasing to do businessliquidation.

Appears in 1 contract

Samples: Development Agreement (Tivo Inc)

Termination for Insolvency. This Agreement Either party may be terminated by -------------------------- either party terminate this Agreement, effective immediately upon written notice notice, in the event that the other party: (i) upon the institution by or against the other party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other party's debts under United States, California or Japan law, (ii) upon the other party's making an makes a general assignment for the benefit of creditors, ; (ii) institutes proceedings seeking relief or reorganization under any laws relating to bankruptcy or insolvency; or (iii) upon has a court of competent jurisdiction appoint a receiver, liquidator or trustee over all or substantially all of such party’s property or provides for the other liquidation of such party's dissolution ’s property or ceasing to do businessbusiness affairs.

Appears in 1 contract

Samples: Medidata Services Agreement (Plus Therapeutics, Inc.)

Termination for Insolvency. This Agreement may be terminated by -------------------------- either party effective immediately upon written notice shall terminate, without notice, (i) upon the institution by or against the other either party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other either party's debts under United States, California or Japan law’s debts, (ii) upon the other either party's ’s making an assignment for the benefit of creditors, or (iii) upon the other either party's ’s dissolution or ceasing to do business.

Appears in 1 contract

Samples: Purchase Agreement

Termination for Insolvency. This Agreement may be terminated by -------------------------- either party effective Party immediately upon written notice in the event: (i) upon the institution any insolvency proceeding is begun or made by or against the other party of insolvencyParty, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other party's debts under United States, California or Japan law, (ii) upon the other party's making including an assignment for the benefit of creditors, (ii) if a receiver, trustee in bankruptcy, or similar officer is appointed to take charge of any or all of the other Party's property, (iii) upon the other party's dissolution Party files a voluntary petition under federal bankruptcy laws or ceasing to do businesssimilar state statutes, or (iv) such a petition is filed against the other Party and is not dismissed within [**].

Appears in 1 contract

Samples: Master Alliance Agreement (SOPHiA GENETICS SA)

Termination for Insolvency. This Agreement may be terminated by -------------------------- either party effective immediately upon written notice party, on notice, (i) upon the institution by or against the other party of insolvency, receivership receivership, bankruptcy, reorganization or bankruptcy composition proceedings or any other proceedings for the settlement of the other party's debts under United States, California or Japan lawdebts, (ii) upon the other party's making an assignment for the benefit of creditors, or (iii) upon the other party's dissolution dissolution, winding up or ceasing to do businessconduct business in the normal course.

Appears in 1 contract

Samples: Software Reseller and Services Agreement (Liquid Audio Inc)

Termination for Insolvency. This Either Party may terminate this Agreement may be terminated by -------------------------- either party effective immediately immediately, upon written notice notice, (i) upon the institution by or against the other party Party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other partyother's debts under United States, California or Japan lawdebts, (ii) upon the other partyParty's (except for Holdings') making an assignment for the benefit of creditors, creditors or (iii) upon the other party's dissolution or ceasing to do business.Party's

Appears in 1 contract

Samples: Joint Sales Agreement (Tality Corp)

Termination for Insolvency. This Agreement may be terminated by -------------------------- either party effective immediately upon written notice shall terminate, without notice, (i) upon the institution by or against the other a party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other such party's debts under United States, California or Japan law’s debts, (ii) upon the other party's a party making an assignment for the benefit of creditors, or (iii) upon the other a party's ’s dissolution or ceasing to do business. Termination for Acquisition Distributor may terminate this Agreement pursuant to the terms set forth under “Acquisition” in Section 14.

Appears in 1 contract

Samples: Distribution Agreement (Healthtronics, Inc.)

Termination for Insolvency. This Agreement may be terminated by -------------------------- either party effective immediately upon written notice shall terminate, without notice, (ia) upon the institution by or against the other party either Party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other party's debts under United States, California or Japan lawsuch Party’s debts, (iib) upon the other party's either Party’s making an assignment for the benefit of creditors, or (iiic) upon the other party's general dissolution or ceasing to do businessbusiness by such Party.

Appears in 1 contract

Samples: And Distribution Agreement (Gevo, Inc.)

Termination for Insolvency. This Agreement may be terminated by -------------------------- either party effective a Party without penalty immediately upon written notice (i) upon the institution giving notice, if proceedings under any bankruptcy, insolvency or similar legislation are instituted by or against the other party of insolvencynon-terminating Party, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other party's debts under United States, California or Japan law, (ii) upon the other party's making non-terminating Party makes an assignment for the benefit of creditors, or (iii) upon a receiver is appointed for all or a substantial part of the other party's dissolution or ceasing to do businessnon-terminating Party’s assets.

Appears in 1 contract

Samples: Supply Agreement (Sequiam Corp)

Termination for Insolvency. This Agreement may be terminated by -------------------------- either party effective immediately will terminate, without notice, upon written notice (ia) upon the institution by or against the other either party of insolvency, receivership receivership, or bankruptcy proceedings or any other proceedings for the settlement of the other such party's debts under United States, California or Japan law’s debts, (iib) upon the other party's a party making an assignment for the benefit of creditors, or (iiic) upon the other either party's ’s dissolution or ceasing to do business.

Appears in 1 contract

Samples: Marketing & Distribution Agreement (Zagg INC)

Termination for Insolvency. This Agreement may shall terminate automatically, with no action required to be terminated taken by -------------------------- or on behalf of either party effective immediately upon written notice party, (i) upon the institution by or against the other party of insolvency, receivership or bankruptcy proceedings proceedings, appointment of an administrator or any other proceedings for the settlement of the other party's debts under United States, California or Japan lawits debts, (ii) upon the other party's ’s making an assignment for the benefit of creditors, or (iii) upon the other party's ’s dissolution or ceasing to do business.

Appears in 1 contract

Samples: Oem Purchasing Agreement (Zonare Medical Systems Inc)

Termination for Insolvency. This Agreement may be terminated by -------------------------- either party effective immediately upon written shall terminate automatically without notice (i) upon the institution by or against the other either party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of the other either party's debts under United States, California or Japan law’s debts, (ii) upon the other party's either party making an assignment for the benefit of creditors, or (iii) upon the other either party's dissolution or ceasing to do business’s dissolution.

Appears in 1 contract

Samples: Share Acquisition Agreement (Iceweb Inc)

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