Bankruptcy and Liquidation. In the event the Service Provider
(1) makes an assignment for the benefit of creditors, or petition or apply to any tribunal for the appointment pf a custodian, receiver, or trustee for all or a substantial part of its assts; (2) commences any proceeding under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction whether now or hereafter in effect; (3) has had any such petition or application filed or any such proceeding commenced against it in which an order for relief is entered or an adjudication or appointment is made, and which remains undismissed for a period of sixty(60) days or more; (4) takes any corporate action indicating its consent to, approval of, or acquiescence in any such petition, application, proceeding, or order for relief or the appointment of a custodian, receiver, or trustee for all or substantial part of its assets; or (5) permits any such custodianship, receivership, or trusteeship to continue undischarged for a period of sixty (60) days or more causing the Service Provider or any third party, including, without limitation, a trustee in bankruptcy, to be empowered under state or federal law to reject this Contract or any agreement supplementary hereto, the City shall have the following rights:
(i) In the event of a rejection of this Contract or any agreement supplementary hereto, the City shall be permitted to retain and use any back-up or archival copies of the software licensed hereunder under this Agreement for the purpose of enabling it to mitigate damages caused to the City because of the rejection of this Contract. The City shall exert reasonable efforts to mitigate such damage by use of such back-up or archival copies.
(ii) In the event of rejection of this Contract or any agreement supplementary hereto, the City may elect to retain its rights under this Contract or any agreement supplementary hereto as provided in Section 365(n) of the Bankruptcy Code. Upon written request of the City to, as applicable, the Service Provider or the bankruptcy trustee or receiver. The Service Provider or such bankruptcy trustee or receiver shall not interfere with the rights of the City as licensee as provided in this Contract or in any agreement supplementary hereto to obtain the Source Material(s) form the bankruptcy trustee and shall, if requested, cause a copy of such Source Material (s) to be available to the City.
(iii) In the event of rejection of this Contract...
Bankruptcy and Liquidation. Neither this Agreement nor any interest therein is assignable or transferable by operation of law. If any proceedings under the Bankruptcy Act, as amended, is commenced by or against FRRS, or if FRRS is adjudged insolvent, or if FRRS makes any assignment for the benefit of its creditors, or if a writ of attachment or execution is levied on the 25 tonner, and is not released or satisfied within ten (10) days thereafter, or if a receiver is appointed in any proceeding or action to which FRRS is a party with authority to take possession FRRS’s assets, the Xxxxxxx Xxxxxxx may immediately repossess the 25 tonner and may, in addition, exercise any one or more of the remedies set forth in this Agreement. In such an event, this Agreement shall, at the option of the Xxxxxxx Xxxxxxx, without notice, immediately terminate and shall not be treated as an asset of FRRS after the exercise of said option.
Bankruptcy and Liquidation. If the Merchant becomes unable to pay its debts when due, enters into bankruptcy or liquidation proceedings, whether voluntary or not or has or will have an administrator or liquidator placed over any or all of its assets, the parties agree that: (i) no amounts payable to MoneySwap hereunder shall be incorporated into the scope of the bankruptcy or liquidation assets; and (ii) MoneySwap shall have the right to collect such amounts at any time upon written notice to the Merchant.
Bankruptcy and Liquidation. In the event the Service Provider
(1) makes an assignment for the benefit of creditors, or petition or apply to any tribunal for the appointment pf a custodian, receiver, or trustee for all or a substantial part of its assts; (2) commences any proceeding under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction whether now or hereafter in effect; (3) has had any such petition or application filed or any such proceeding commenced against it in which an order for relief is entered or an adjudication or appointment is made, and which remains undismissed for a period of sixty(60) days or more; (4) takes any corporate action indicating its consent to, approval of, or acquiescence in any such petition, application, proceeding, or order for relief or the appointment of a custodian, receiver, or trustee for all or substantial part of its assets; or
Bankruptcy and Liquidation. Except pursuant to the Transaction Documents or for the benefit of the holders of the Notes, the commencement of or consent to any proceeding seeking (i) to adjudicate it as bankrupt or insolvent, (ii) liquidation, winding up, dissolution, reorganization, or arrangement of any of the Group Companies under any Law relating to bankruptcy, insolvency or reorganization or relief of debtors, or (iii) the entry of an order for relief or the appointment of a receiver, trustee, or other similar official for it or for any substantial part of its property.
Bankruptcy and Liquidation. If the Publisher is adjudicated as bankrupt or liquidates its business, this agreement shall thereupon terminate, and all rights granted to the Publisher shall automatically revert to the Author. Upon such termination, the Author, at Author's option, may purchase any manufacturing materials as well as any remaining book stock for one-half of their manufacturing costs. This option must be exercised by the Author within sixty (60) days of notice by the Publisher.
Bankruptcy and Liquidation. (1) In the event of bankruptcy or liquidation of the Contractor for any cause anytime prior to the delivery of the Production to IQ Biometrix, IQ Biometrix may exercise either of the following options: (a) IQ Biometrix may terminate this Agreement and recover from the Contractor any amounts advanced to the Contractor prior to the date of bankruptcy or liquidation as the case may be. In such case, ownership of the Production or any portion thereof shall remain with the Contractor; or
Bankruptcy and Liquidation. If (a) a petition in bankruptcy is filed by the Publisher, or (b) a petition in bankruptcy is filed against the Publisher and such petition is finally sustained, or (c) a petition for arrangement is filed by the Publisher or a petition for reorganization is filed by or against the Publisher, and an order is entered directly the liquidation of the Publisher as in bankruptcy, or (d) the Publisher makes an assignment for the benefit of creditors, or (e) the Publisher liquidates its business for any cause whatever, the Author may, subject to any orders or rulings from a Court of competent jurisdiction, terminate this agreement by written notice and thereupon all rights granted by him hereunder shall revert to him. Upon such termination, the Author, at his option, may purchase the plates and the remaining copies at one fourth of the manufacturing cost, exclusive of the Publisher’s overhead. If he fails to exercise such option within sixty (60) days after the happening of any one of the events referred to above, the Trustee, Receiver, or Assignee may destroy the plates and sell the copies remaining on hand, subject to the royalty provisions of Paragraph 10. Publisher shall notify author within thirty (30) days of the occurrence of any of the events described in this paragraph.
Bankruptcy and Liquidation. Neither this Agreement nor any interest therein is assignable or transferable by operation of law. If any proceedings under the Bankruptcy Act, as amended, is commenced by or against VTRR, or if VTRR is adjudged insolvent, or if VTRR makes any assignment for the benefit of its creditors, or if a writ of attachment or execution is levied on the 18, and is not released or satisfied within ten (10) days thereafter, or if a receiver is appointed in any proceeding or action to which VTRR is a party with authority to take possession VTRR’s assets, the Commission may immediately repossess the 18 and may, in addition, exercise any one or more of the remedies set forth in this Agreement. In such an event, this Agreement shall, at the option of the Commission, without notice, immediately terminate and shall not be treated as an asset of VTRR after the exercise of said option.
Bankruptcy and Liquidation. If (a) a petition in bankruptcy is filed by the Publisher, or (b) a petition in bankruptcy is filed against the Publisher and such petition is finally sustained, or (c) a petition for arrangement is filed by the Publisher or a petition for reorganization is filed by or against the Publisher, and an order is entered directing the liquidation of the Publisher as in bankruptcy, or (d) the Publisher makes an assignment for the benefit of creditors, or (e) the Publisher liquidates its business for any cause whatever, the Author may terminate this agreement by written notice and thereupon all rights granted by him hereunder shall revert to him. Upon such termination, the Author, at his option, may purchase the plates as provided in Paragraph 16 and the remaining copies at one-half of the manufacturing cost, exclusive of overhead. If he fails to exercise such option within sixty (60) days after the happening of any one of the events above referred to, the Trustee, Receiver, or Assignee may destroy the plates and sell the copies remaining on hand, subject to the royalty provisions of Paragraph 10.
