Common use of Buyer’s Right to Terminate Clause in Contracts

Buyer’s Right to Terminate. Buyer shall have the right, by providing Seller with thirty (30) days' prior written notice, to terminate this Agreement upon the occurrence of any of the following events, any one of which shall be considered a "Seller Default": (a) Seller discontinues the Modems; (b) Seller is adjudged bankrupt; (c) Seller files a voluntary petition in bankruptcy or liquidation or for the appointment of a receiver; (d) Filing of an involuntary petition to have Seller declared bankrupt, or subject to receivership, provided that such petition is not vacated or set aside within ninety (90) days from the date of filing; (e) The execution by Seller of any assignment for the benefit of creditors; or (f) Seller breaches any material provision of this Agreement and fails to cure such material breach within thirty (30) days from receipt of written notice describing the breach. (g) Seller, after receiving written notice from Buyer, fails to make product deliveries as provided in this Agreement, unless such failure is cured within thirty (30) days of Seller receiving such written notice from Buyer.

Appears in 3 contracts

Samples: Supply Agreement (Novatel Wireless Inc), Supply Agreement (Novatel Wireless Inc), Supply Agreement (Novatel Wireless Inc)

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Buyer’s Right to Terminate. Buyer shall have the right, by providing Seller with thirty (30) days' days prior written notice, to terminate this Agreement upon the occurrence of any of the following events, any one of which shall be considered a "Seller Default:": (a) Seller discontinues the Modems; (b) Seller is adjudged bankrupt; (c) Seller files a voluntary petition in bankruptcy or liquidation or for the appointment of a receiver; (d) Filing of an involuntary petition to have Seller declared bankrupt, or subject to receivership, provided that such petition is not vacated or set aside within ninety (90) days from the date of filing; (e) The execution by Seller of any assignment for the benefit of creditors; or (f) Seller breaches any material provision of this Agreement and fails to cure such material breach within thirty (30) days from receipt of written notice describing the breach. (g) Seller, after receiving written notice from Buyer, fails to make product deliveries as provided in this Agreement, unless such failure is cured within thirty (30) days of Seller receiving such written notice from Buyer.

Appears in 2 contracts

Samples: Supply Agreement (Omnisky Corp), Supply Agreement (Omnisky Corp)

Buyer’s Right to Terminate. Buyer shall have the right, by providing Seller with thirty (30) days' prior written notice, to immediately terminate this Agreement upon the occurrence of any of the following events, any one of which shall be considered a "Seller DefaultTriggering Event:": (a) Seller discontinues fails to make payments as provided in this Agreement, unless such failure is cured within thirty (30) days from receipt of written demand for such payment. Any late payments shall bear interest at the Modemsannual rate of LIBOR plus 2%; (b) Seller discontinues the Product; (c) Seller is adjudged bankrupt; (cd) Seller files a voluntary petition in bankruptcy or liquidation or for the appointment of a receiver; (de) Filing of an involuntary petition to have Seller declared bankrupt, or subject to receivership, provided that such petition is not vacated or set aside within ninety (90) days from the date of filing; (ef) The execution by Seller of any assignment for the benefit of creditors; or; (fg) Seller breaches any material provision of this Agreement and fails to cure such material breach within thirty (30) 15 days from receipt of written notice describing the breach.; and (gh) Seller, after receiving written notice from Buyer, fails to make product deliveries as provided in this Breach by Seller of the Confidentiality Agreement or the Proprietary Information Mutual Non Disclosure Agreement, unless such failure is cured within thirty (30) days of Seller receiving such written notice from Buyer.

Appears in 1 contract

Samples: Supply Agreement (Terayon Communication Systems)

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Buyer’s Right to Terminate. Buyer shall have the right, by providing Seller with thirty (30) days' prior written notice, to immediately terminate this Agreement upon the occurrence of any of the following events, any one of which shall be considered a "Seller DefaultTriggering Event:": (a) Seller discontinues fails to make payments as provided in this Agreement, unless such failure is cured within thirty (30) days from receipt of written demand for such payment. Any late payments shall bear interest at the Modemsannual rate of LIBOR plus 2%; (b) Seller discontinues the Product; (c) Seller is adjudged bankrupt; (cd) Seller files a voluntary petition in bankruptcy or liquidation or for the appointment of a receiver; (de) Filing of an involuntary petition to have Seller declared bankrupt, or subject to receivership, provided that such petition is not vacated or set aside within ninety (90) days from the date of filing; (ef) The execution by Seller of any assignment for the benefit of creditors; or; (fg) Seller breaches any material provision of this Agreement and fails to cure such material breach within thirty (30) days [*****] from receipt of written notice describing the breach.; and (gh) Seller, after receiving written notice from Buyer, fails to make product deliveries as provided in this Breach by Seller of the Confidentiality Agreement or the Proprietary Information Mutual Non Disclosure Agreement, unless such failure is cured within thirty (30) days of Seller receiving such written notice from Buyer.

Appears in 1 contract

Samples: Supply Agreement (Terayon Communication Systems)

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