Common use of Event of Assignment Clause in Contracts

Event of Assignment. A Customer Agreement shall be assigned from Reseller to Dell, in accordance with the terms of this Clause 6.3.2., if any of the following occurs: (i) an Event of Default by Distributor or Reseller, pursuant to Clause 6.3.1.A.(i), (ii) or (iii) of this Agreement, is declared by Dell; (ii) Customer Bankruptcy as to the Customer that is party to the Customer Agreement; (iii) a Customer’s uncured failure to pay for the APEX Service when due occurs within the first six (6) calendar months of the Subscription Term (“Customer Non-Payment Event”); (iv) Customer is in default of the Customer Agreement due to an uncured failure to make any payment when due and Dell has determined in its commercially reasonable discretion that its ability to collect from the Customer will be materially impacted by delaying any further, and Dell has requested and Distributor and Reseller have consented to such assignment; or, (v) if Dell, Distributor, and Reseller otherwise agree to such assignment of the Customer Agreement, and Customer consents to such assignment, in writing.

Event of Assignment. A Customer Agreement shall be assigned from Reseller to Dell, in accordance with the terms of this Clause 6.3.2., if any of the following occursoccur: (i) an Event of Default by Distributor or Reseller, pursuant to Clause 6.3.1.A.(i6.3.1.A. (i), (ii) or (iii) of this Agreement, is declared by Dell; (ii) Customer Bankruptcy as to the Customer that is party to the Customer Agreement; (iii) a Customer’s uncured failure to pay for the APEX Service and/or any Related Service when due occurs within the first six (6) calendar months of the Subscription Term (“Customer Non-Payment Event”); (iv) Customer is in default of the Customer Agreement due to an uncured failure to make any payment when due and Dell has determined in its commercially reasonable discretion that its ability to collect from the Customer will be materially impacted by delaying any further, and Dell has requested and Distributor and Reseller have has consented to such assignment; or, (v) if Dell, Distributor, Dell and Reseller otherwise agree to such assignment of the Customer Agreement, and Customer consents to such assignment, in writing.

Event of Assignment. A Customer Agreement shall be assigned from Reseller to Dell, subject to and in accordance with the terms of this Clause 6.3.2., if any of the following occurs: (i) an Event of Default by Distributor or Reseller, pursuant to Clause 6.3.1.A.(i), (ii) or (iii) of this Agreement, is declared by Dell; (ii) Customer Bankruptcy as to the Customer that is party to the Customer Agreement; (iii) a Customer’s uncured failure to pay for the APEX Service when due occurs within the first six (6) calendar months of the Subscription Term (“Customer Non-Payment Event”); (iv) Customer is in default of the Customer Agreement due to an uncured failure to make any payment when due and Dell has determined in its commercially reasonable discretion that its ability to collect from the Customer will be materially impacted by delaying any further, and Dell or Distributor has requested and Distributor and Reseller have consented assignment to such assignmentDell, which consent by either party shall not be unreasonably withheld; or, (v) if Dell, Distributor, and Reseller otherwise agree to such assignment of the Customer Agreement, and Customer consents to such assignment, in writing.

Event of Assignment. A Customer Agreement shall be assigned from Reseller to Dell, subject to and in accordance with the terms of this Clause 6.3.2., if any of the following occurs: (i) an Event of Default by Distributor or Reseller, pursuant to Clause 6.3.1.A.(i), (ii) or (iii) of this Agreement, is declared by Dell; (ii) Customer Bankruptcy as to the Customer that is party to the Customer Agreement; (iii) a Customer’s uncured failure to pay for the APEX Service when due occurs within the first six (6) calendar months of the Subscription Term (“Customer Non-Payment Event”); (iv) Customer is in default of the Customer Agreement due to an uncured failure to make any payment when due and Dell has determined in its commercially reasonable discretion that its ability to collect from the Customer will be materially impacted by delaying any further, and Dell or Distributor has requested and Distributor and Reseller have consented assignment to such assignmentDell, which consent by either party shall not be unreasonably withheld; or, or (v) if Dell, Distributor, and Reseller otherwise agree to such assignment of the Customer Agreement, and Customer consents to such assignment, in writing.

Event of Assignment. A Customer Agreement shall be assigned from Reseller to Dell, in accordance with the terms of this Clause 6.3.2., if any of the following occursoccur: (i) an Event of Default by Distributor or Reseller, pursuant to Clause 6.3.1.A.(i6.3.1.A. (i), (ii) or (iii) of this Agreement, is declared by Dell, except where not allowed by mandatory provisions of the applicable law; (ii) Customer Bankruptcy as to the Customer that is party to the Customer Agreement, except where not allowed by mandatory provisions of the applicable law; (iii) a Customer’s uncured failure to pay for the APEX Service and/or any Related Service when due occurs within the first six (6) calendar months of the Subscription Term (“Customer Non-Payment Event”); (iv) Customer is in default of the Customer Agreement due to an uncured failure to make any payment when due and Dell has determined in its commercially reasonable discretion that its ability to collect from the Customer will be materially impacted by delaying any further, and Dell has requested and Distributor and Reseller have has consented to such assignment; or, (v) if Dell, Distributor, Dell and Reseller otherwise agree to such assignment of the Customer Agreement, and Customer consents to such assignment, in writing.

Event of Assignment. A Customer Agreement shall be assigned from Reseller to Dell, subject to and in accordance with the terms of this Clause 6.3.2., if any of the following occurs: (i) an Event of Default by Distributor or Reseller, pursuant to Clause 6.3.1.A.(i), (ii) or (iii) of this Agreement, is declared by Dell, except where not allowed by mandatory provisions of the applicable law; (ii) Customer Bankruptcy as to the Customer that is party to the Customer Agreement, except where not allowed by mandatory provisions of the applicable law; (iii) a Customer’s uncured failure to pay for the APEX Service when due occurs within the first six (6) calendar months of the Subscription Term (“Customer Non-Payment Event”); (iv) Customer is in default of the Customer Agreement due to an uncured failure to make any payment when due and Dell has determined in its commercially reasonable discretion that its ability to collect from the Customer will be materially impacted by delaying any further, and Dell or Distributor has requested and Distributor and Reseller have consented assignment to such assignmentDell, which consent by either party shall not be unreasonably withheld; or, (v) if Dell, Distributor, and Reseller otherwise agree to such assignment of the Customer Agreement, and Customer consents to such assignment, in writing.

Event of Assignment. A Customer Agreement shall be assigned from Reseller to Dell, subject to and in accordance with the terms of this Clause 6.3.2., if any of the following occurs: (i) an Event of Default by Distributor or Reseller, pursuant to Clause 6.3.1.A.(i), (ii) or (iii) of this Agreement, is declared by Dell; (ii) Customer Bankruptcy as to the Customer that is party to the Customer Agreement; (iii) a Customer’s uncured failure to pay for the APEX Service when due occurs within the first six (6) calendar months of the Subscription Term (“Customer Non-Payment Event”); (iv) Customer is in default of the Customer Agreement due to an uncured failure to make any payment when due and Dell has determined in its commercially reasonable discretion that its ability to collect from the Customer will be materially impacted by delaying any further, and Dell or Distributor has requested and Dell, Distributor and Reseller have consented to such assignmentassignment to Dell, which consent by either party shall not be unreasonably withheld; or, (v) if Dell, Distributor, and Reseller otherwise agree to such assignment of the Customer Agreement, and Customer consents to such assignment, in writing.

Event of Assignment. A Customer Agreement shall be assigned from Reseller to Dell, subject to and in accordance with the terms of this Clause 6.3.2., if any of the following occurs: (i) an Event of Default by Distributor or Reseller, pursuant to Clause 6.3.1.A.(i), (ii) or (iii) of this Agreement, is declared by Dell; (ii) Customer Bankruptcy as to the Customer that is party to the Customer Agreement; (iii) a Customer’s uncured failure to pay for the APEX Service when due occurs within the first six (6) calendar months of the Subscription Term (“Customer Non-Payment Event”); (iv) Customer is in default of the Customer Agreement due to an uncured failure to make any payment when due and Dell has determined in its commercially reasonable discretion that its ability to collect from the Customer will be materially impacted by delaying any further, and Dell or Distributor has requested and Distributor and Reseller have consented assignment to such assignmentDell, which consent by either party shall not be unreasonably withheld; or, (v) if Dell, Distributor, and Reseller otherwise agree to such assignment of the Customer Agreement, and Customer consents to such assignment, in writing. In case of Customer Bankruptcy, such consent must be obtained from Customer receiver.