Early Termination by Customer. Notwithstanding the other provisions of the Agreement and the required notice periods therein, the Customer may terminate the Agreement forthwith at any time without claim or charge by the Operator, by giving notice to the Operator if any of the following has occurred and is continuing: (a) if the Operator shall have a receiver, bankruptcy trustee or analogous person appointed over or to administer and manage all or any substantial part of its assets and such appointment is not dismissed or withdrawn within 30 days; or (b) if the Operator shall make any composition with its creditors (except in the case of voluntary reorganisation not involving insolvency of the Operator); or (c) if the Operator shall go into liquidation whether voluntary or compulsory (otherwise than for the purpose of amalgamation or reconstruction), (a) to 16.3(c) (inclusive) and shall instead, subject to the required notice period therein, only be permitted to terminate this Agreement: (i) in the event or circumstance set out in Clause 16.3(a) occurs; or (ii) if: (A) a receiver with a power of sale has been appointed by any secured Finance Party or the Security Trustee; (B) a bankruptcy trustee has been appointed by a court in the United Arab Emirates on the application of any secured Finance Party or the Security Trustee; or (C) any analogous person is appointed by or on the application of any secured Finance Party or the Security Trustee, in each case over or to administer and manage: (D) all or any substantial part of the Operator’s assets; or (E) the shares in the Operator that have been charged to the secured Finance Party, or the Security Trustee (as the case may be) by the Guarantor, and any appointment referred to in paragraph (A), (8) or (C) is not dismissed or withdrawn within 30 days; or (iii) any secured Finance Party or Security Trustee (as the case may be) has been awarded a favourable judgment of a court in the United Arab Emirates substantiating the secured Finance Party’s, or Security Trustee’s (as the case may be) debt claim and enabling it to sell (X) the Operator’s business and/or assets that have been charged to the secured Finance Party, or the Security Trustee (as the case may be) by the Operator or (Y) the shares in the Operator that have been charged to the secured Finance Party, or the Security Trustee (as the case may be) by the Guarantor; or (iv) a court in the United Arab Emirates has issued a judgment of liquidation or otherwise authorising (or permitting) the dissolution of the Operator following a judgment of bankruptcy, or any similar or comparable events under any new legislation applicable to the Operator.
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Early Termination by Customer. Notwithstanding the other provisions of the Agreement and the required notice periods therein, the Customer may terminate the Agreement forthwith at any time without claim or charge by the Operator, by giving notice to the Operator if any of the following has occurred and is continuing:
(a) if the Operator shall have a receiver, bankruptcy trustee or analogous person appointed over or to administer and manage all or any substantial part of its assets and such appointment is not dismissed or withdrawn within 30 days; or
(b) if the Operator shall make any composition with its creditors (except in the case of voluntary reorganisation not involving insolvency of the Operator); or
(c) if the Operator shall go into liquidation whether voluntary or compulsory (otherwise than for the purpose of amalgamation or reconstruction),
(a) to 16.3(c) (inclusive) and shall instead, subject to the required notice period therein, only be permitted to terminate this Agreement:
(i) in the event or circumstance set out in Clause 16.3(a) occurs; or
(ii) if:
(A) a receiver with a power of sale has been appointed by any secured Finance Party or the Security Trustee;
(B) a bankruptcy trustee has been appointed by a court in the United Arab Emirates on the application of any secured Finance Party or the Security Trustee; or
(C) any analogous person is appointed by or on the application of any secured Finance Party or the Security Trustee, in each case over or to administer and manage:
(D) all or any substantial part of the Operator’s 's assets; or
(E) the shares in the Operator that have been charged to the secured Finance Party, or the Security Trustee (as the case may be) by the Guarantor, and any appointment referred to in paragraph (A), (8) or (C) is not dismissed or withdrawn within 30 days; or
(iii) any secured Finance Party or Security Trustee (as the case may be) has been awarded a favourable judgment of a court in the United Arab Emirates substantiating the secured Finance Party’s's, or Security Trustee’s 's (as the case may be) debt claim and enabling it to sell (X) the Operator’s 's business and/or assets that have been charged to the secured Finance Party, or the Security Trustee (as the case may be) by the Operator or (Y) the shares in the Operator that have been charged to the secured Finance Party, or the Security Trustee (as the case may be) by the Guarantor; or
(iv) a court in the United Arab Emirates has Emirates.has issued a judgment of liquidation or otherwise authorising (or permitting) the dissolution of the Operator following a judgment of bankruptcy, or any similar or comparable events under any new legislation applicable to the Operator.
Appears in 1 contract
Early Termination by Customer. Notwithstanding the other provisions of the Agreement and the required notice periods therein, the Customer may terminate the Agreement forthwith at any time without claim or charge by the Operator, by giving notice to the Operator if any of the following has occurred and is continuing:
(a) if If the Operator shall have a receiver, bankruptcy trustee or analogous person appointed over or to administer and manage all or any substantial part of its assets and such appointment is not dismissed or withdrawn within 30 days; or
(b) if the Operator shall make any composition with its creditors ({except in the case of voluntary reorganisation not involving insolvency of the Operator); or
(c) if the Operator shall go into liquidation whether voluntary or compulsory (otherwise than for the purpose of amalgamation or reconstruction),
(a) to 16.3(c) (inclusive) and shall instead, subject to the required notice period therein, . only be permitted to terminate this Agreement:
(i) in the event or circumstance set out in Clause 16.3(a) occurs; or
(ii) if:
(A) a receiver with a power of sale has been appointed by any secured Finance Party or the Security Trustee;
(B) a bankruptcy trustee has been appointed by a court in the United Arab Emirates on the application of any secured Finance Party or the Security Trustee; or
(C) any analogous person is appointed by or on the application of any secured Finance Party or the Security Trustee, in each case over or to administer and manage:
(D) all or any substantial part of the Operator’s assets; or
(E) the shares in the Operator that have been charged to the secured Finance Party, . or the Security Trustee (as the case may be) by the Guarantor, and any appointment referred to in paragraph (A), (8) or (C) is not dismissed or withdrawn within 30 days; or
(iii) any secured Finance Party or Security Trustee (as the case may be) has been awarded a favourable judgment of a court in the United Arab Emirates substantiating the secured Finance Party’s, or Security Trustee’s (as the case may be) debt claim and enabling it to sell (X) the Operator’s business and/or assets that have been charged to the secured Finance Party, or the Security Trustee (as the case may be) by the Operator or (Y) the shares in the Operator that have been charged to the secured Finance Party, or the Security Trustee (as the case may be) by the Guarantor; or
(iv) a court in the United Arab Emirates has issued a judgment of liquidation or otherwise authorising auihorising (or permitting) the dissolution of the Operator following a judgment of bankruptcy, or any similar or comparable events under any new legislation applicable to the Operator.
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Early Termination by Customer. Notwithstanding the other provisions of the Agreement and the required notice periods therein, the Customer may terminate the Agreement forthwith at any time without withoul claim or charge by the Operator, by giving notice to the Operator if any of the following has occurred and is continuing:
(a) if the Operator shall have a receiver, bankruptcy trustee or analogous person appointed over or to administer and manage all or any substantial part of its assets and such appointment is not dismissed or withdrawn within 30 days; or
(b) if the Operator shall make any composition with its creditors (except in the case of voluntary reorganisation not involving insolvency of the Operator); or
(c) if the Operator shall go into liquidation whether voluntary or compulsory (otherwise than for the purpose of amalgamation or reconstruction),
(a) to 16.3(c) (inclusive) and shall instead, subject to the required notice period therein, only be permitted to terminate this Agreement:
(i) in the event or circumstance set out in Clause 16.3(a) occurs; or
(ii) if:
(A) a receiver with a power of sale has been appointed by any secured Finance Party or the Security Trustee;
(B) a bankruptcy trustee has been appointed by a court in the United Arab Emirates on the application of any secured Finance Party or the Security Trustee; or
(C) any analogous person is appointed by or on the application of any secured Finance Party or the Security Trustee, in each case over or to administer and manage:
(D) all or any substantial part of the Operator’s assets; or
(E) the shares in the Operator that have been charged to the secured Finance Party, or the Security Trustee (as the case may be) by the Guarantor, . and any appointment referred to in paragraph (A), (8) or (C) is not dismissed or withdrawn within 30 days; or
(iii) any secured Finance Party or Security Trustee (as the case may be) has been awarded a favourable judgment of a court in the United Arab Emirates substantiating the secured Finance Party’s, or Security Trustee’s (as the case may be) debt claim daim and enabling it to sell (X) the Operator’s business and/or assets that have been charged to the secured Finance Party, or the Security Trustee (as the case may be) by the Operator or (Y) the shares in the Operator that have been charged to the secured Finance Party, or the Security Trustee (as the case may be) by the Guarantor; : or
(iv) a court in the United Arab Emirates has issued a judgment of liquidation or otherwise authorising (or permitting) the dissolution of the Operator following a judgment of bankruptcy, or any similar or comparable events under any new legislation applicable to the Operator.
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