Bankruptcy and Related Events. Each of the Adviser and the Subadviser agrees that it will provide prompt notice to the other in the event that: (i) it makes an assignment for the benefit of creditors, files a voluntary petition in bankruptcy, or is otherwise adjudged bankrupt or insolvent by a court of competent jurisdiction; or (ii) a material event occurs that could reasonably be expected to adversely impair its ability to perform this Agreement. The Adviser further agrees that it will provide prompt notice to the Subadviser in the event that the Trust ceases to be registered as an investment company under the Act.
Bankruptcy and Related Events. Each of the Adviser and the Subadviser agrees that it will provide prompt notice to the other in the event that: (i) it makes an assignment for the benefit of creditors, files a voluntary petition in bankruptcy, or is otherwise adjudged bankrupt or insolvent by a court of competent jurisdiction; or (ii) a material event occurs that could reasonably be expected to adversely impair its ability to perform this Agreement. The Adviser further agrees that it will provide prompt notice to the Subadviser in the event that the Trust ceases to be registered as an investment company under the Act. By: /s/ W. Xxxxxxx Xxxxxxx Name: W. Xxxxxxx Xxxxxxx Title: Executive Vice President, Chief Financial Officer & Treasurer By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Executive Vice President By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Chief Compliance Officer and General Counsel SCHEDULES: A. Operational Procedures
Bankruptcy and Related Events. Each of the Adviser and the Subadviser agrees that it will provide prompt notice to the other in the event that: (i) it makes an assignment for the benefit of creditors, files a voluntary petition in bankruptcy, or is otherwise adjudged bankrupt or insolvent by a court of competent jurisdiction; or (ii) a material event occurs that could reasonably be expected to adversely impair its ability to perform this Agreement. The Adviser further agrees that it will provide prompt notice to the Subadviser in the event that the Fund ceases to be registered as an investment company under the Act. [signature page follows] By: Name: Gxxxxx X. Xxxxxxx Title: President By: Name: Fxxxxxx X. Xxxxxxx Title: Executive Vice President Name: Mxxxxxx Xxxxxxxxx Title: Chief Operating Officer SCHEDULES: A. Operational Procedures
Bankruptcy and Related Events. Each of the Adviser and the Subadviser agrees that it will provide prompt notice to the other in the event that: (i) it makes an assignment for the benefit of creditors, files a voluntary petition in bankruptcy, or is otherwise adjudged bankrupt or insolvent by a court of competent jurisdiction; or (ii) a material event occurs that could reasonably be expected to adversely impair its ability to perform this Agreement. The Adviser further agrees that it will provide prompt notice to the Subadviser in the event that the Trust ceases to be registered as an investment company under the Act. By: Name: W. Xxxxxxx Xxxxxxx Title: Executive Vice President and Chief Financial Officer By: Name: Xxxxxxx X. Xxxxxxx Title: Executive Vice President By: Name: Title: SCHEDULES: A. Operational Procedures
Bankruptcy and Related Events. Notwithstanding the provisions of Section 16.2, either Party may terminate this Agreement, effective immediately upon written notice, if (a) all or a substantial portion of the other Party's assets are transferred to an assignee for the benefit of creditors or to a receiver or trustee in bankruptcy; (b) a proceeding is commenced by or against the other Party for relief under the bankruptcy or similar laws and such proceeding is not dismissed within thirty (30) days; or (c) the other Party is adjudged bankrupt or insolvent.
Bankruptcy and Related Events. In the event that an event occurs as described in Section 18.1(c), if the Lease is not terminated, either by agreement of the parties or if termination is not recognized by any federal or state bankruptcy court, then, in the event that the trustee of the Tenant shall make timely affirmance of this Lease under the Bankruptcy Reform Act of 1978 or similar provisions of future laws and continue in possession of the Premises, it shall be the responsibility of the trustee to cure or make adequate assurance that all defaults under the provisions of this Lease shall be promptly cured, to fully compensate or provide adequate assurance of compensation for any and all losses suffered by Landlord, and to provide adequate assurance that all conditions of this Lease shall be performed in the future, including but not limited to:
(a) the payment of rent and other consideration due under this Lease.
(b) that the assumption or assignment will not breach substantially any provisions in this Lease, such as, but not limited to, the radius, location, and use provisions hereof, nor any provisions (such as exclusivity provisions) in other lease, financing or master agreements affecting the Shopping Center.
(c) that the Premises shall be used only in a manner consistent with the provisions of this Lease. In no event will Landlord be required to provide additional services or supplies under this Lease unless advance adequate assurance of payment is provided by the trustee and trustee fully and promptly compensates Landlord.
Bankruptcy and Related Events. Each of the Adviser and the Subadviser agrees that it will provide prompt notice to the other in the event that: (i) it makes an assignment for the benefit of creditors, files a voluntary petition in bankruptcy, or is otherwise adjudged bankrupt or insolvent by a court of competent jurisdiction; or (ii) a material event occurs that could reasonably be expected to adversely impair its ability to perform this Agreement. The Adviser further agrees that it will provide prompt notice to the Subadviser in the event that the Trust ceases to be registered as an investment company under the Act. VIRTUS OPPORTUNITIES TRUST By: Name: Title: VIRTUS ALTERNATIVE INVESTMENT ADVISERS, INC. By: Name: Title: [STONE HARBOR INVESTMENT PARTNERS] By: Name: Title: SCHEDULES: A. Operational Procedures
Bankruptcy and Related Events. Either Party may terminate this Agreement, effective immediately upon written notice, if (a) all or a substantial portion of the other Party's assets are transferred to an assignee for the benefit of creditors or to a receiver or trustee in bankruptcy; (b) a proceeding is commenced by or against the other Party for relief under the bankruptcy or similar laws and such proceeding is not dismissed within thirty (30) days; or (c) the other Party is adjudged bankrupt or insolvent. In addition, the foregoing terminate right shall be exercisable by Medscape if any of the specified events shall occur with respect to SoftWatch, Ltd.
Bankruptcy and Related Events. Each of the Adviser and the Subadviser agrees that it will provide prompt notice to the other in the event that: (i) it makes an assignment for the benefit of creditors, files a voluntary petition in bankruptcy, or is otherwise adjudged bankrupt or insolvent by a court of competent jurisdiction; or (ii) a material event occurs that could reasonably be expected to adversely impair its ability to perform this Agreement. The Adviser further agrees that it will provide prompt notice to the Subadviser in the event that the Trust ceases to be registered as an investment company under the Act. THE ADVISER, THE TRUST AND THE SERIES SHOULD ALSO BE AWARE THAT THIS COMMODITY TRADING ADVISOR MAY ENGAGE IN TRADING FOREIGN FUTURES OR OPTIONS CONTRACTS. TRANSACTIONS ON MARKETS LOCATED OUTSIDE THE UNITED STATES, INCLUDING MARKETS FORMALLY LINKED TO A UNITED STATES MARKET, MAY BE SUBJECT TO REGULATIONS WHICH OFFER DIFFERENT OR DIMINISHED PROTECTION. FURTHER, UNITED STATES REGULATORY AUTHORITIES MAY BE UNABLE TO COMPEL THE ENFORCEMENT OF THE RULES OF REGULATORY AUTHORITIES OR MARKETS IN NON UNITED STATES JURISDICTIONS WHERE SERIES TRANSACTIONS MAY BE EFFECTED. BEFORE THE SERIES TRADES, SERIES SHOULD INQUIRE ABOUT ANY RULES RELEVANT TO SERIES’ PARTICULAR CONTEMPLATED TRANSACTIONS AND ASK THE FIRM WITH WHICH THE SERIES INTENDS TO TRADE FOR DETAILS ABOUT THE TYPES OF REDRESS AVAILABLE IN BOTH THE SERIES’ LOCAL AND OTHER RELEVANT JURISDICTIONS. PURSUANT TO AN EXEMPTION FROM THE COMMODITY FUTURES TRADING COMMISSION (THE “COMMISSION”) IN CONNECTION WITH ACCOUNTS OF QUALIFIED ELIGIBLE PERSONS, THIS BROCHURE OR ACCOUNT DOCUMENT IS NOT REQUIRED TO BE, AND HAS NOT BEEN, FILED WITH THE COMMISSION. THE COMMISSION DOES NOT PASS UPON THE MERITS OF PARTICIPATING IN A TRADING PROGRAM OR UPON THE ADEQUACY OR ACCURACY OF COMMODITY TRADING ADVISOR DISCLOSURE. CONSEQUENTLY, THE COMMODITY FUTURES TRADING COMMISSION HAS NOT REVIEWED OR APPROVED THIS TRADING PROGRAM OR THIS BROCHURE OR ACCOUNT DOCUMENT. By: /s/ Axx Xxxxxxx Name: Axx Xxxxxxx Title: Vice President and Assistant Treasurer By: /s/ Fxxxx Xxxxxxx Name: Fxxxx Xxxxxxx Title: Executive Vice President By: /s/ Rxxxx Xxxxxxx Name: Rxxxx Xxxxxxx Title: Chief Legal and Compliance Officer SCHEDULES: A. Operational Procedures
Bankruptcy and Related Events. Each of the Adviser and the Subadviser agrees that it will provide prompt notice to the other in the event that: (i) it makes an assignment for the benefit of creditors, files a voluntary petition in bankruptcy, or is otherwise adjudged bankrupt or insolvent by a court of competent jurisdiction; or (ii) a material event occurs that could reasonably be expected to adversely impair its ability to perform this Agreement. The Adviser further agrees that it will provide prompt notice to the Subadviser in the event that the Trust ceases to be registered as an investment company under the Act. By: /s/ W. Xxxxxxx Xxxxxxx Name: W. Xxxxxxx Xxxxxxx Title: Executive Vice President and Chief Financial Officer By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Executive Vice President By: /s/ Gem Pushpaharan Name: Gem Pushpaharan Title: Chief Operating Officer US and Managing Director SCHEDULES: A. Operational Procedures
