Common use of Deterioration or Discontinuance of Business Clause in Contracts

Deterioration or Discontinuance of Business. (1) In the event that Vista experiences material business reversals or fails to meet the operational criteria reflected in its projections or business plans, then, subject to the provisions of Section 1.4, at the option of Vista, this Agreement shall terminate as of a date selected by Vista with the same force and effect as if such date was the date originally set as the termination date hereof. (2) In the event that Vista discontinues operating its business, this Agreement shall terminate as of the last day of the month on which it ceases operation with the same force and effect as if such last day of the month were originally set as the termination date hereof; provided, however, that a reorganization of Vista shall not be deemed a termination of its business.

Deterioration or Discontinuance of Business. (1) In the event that Vista experiences material business reversals or fails to meet the operational criteria reflected in its projections or business plans, then, subject to the provisions of Section 1.42.4, at the option of Vista, this Agreement shall terminate as of a date selected by Vista with the same force and effect as if such date was the date originally set as the termination date hereof. (2) In the event that Vista discontinues operating its business, this Agreement shall terminate as of the last day of the month on which it ceases operation with the same force and effect as if such last day of the month were originally set as the termination date hereof; provided, however, that a reorganization of Vista shall not be deemed a termination of its business.