Other Grounds for Termination. (a) Either party may terminate this Agreement immediately upon written notice to the other party following the occurrence of any of the following:
(i) the other party committing any material breach of this Agreement and failing to remedy such breach (if capable of remedy) within ninety (90) days of being given written notice of the material breach, unless the parties agree to extend the period to remedy the breach;
(ii) the other (A) admits in writing its inability or is generally unable to pay its debts as they become due; (B) institutes, consents to or is otherwise subject to the institution of any proceeding under title 11 of the United States Code, as in effect from time to time, or any other liquidation, conservatorship, bankruptcy, assignment for the benefit of creditors, composition with creditors, wind-down, moratorium, rearrangement, receivership, insolvency, reorganization, or similar debtor relief law of the United States or other applicable jurisdiction from time to time in effect and affecting the rights of creditors, generally; (C) is subject to an involuntary order for the transfer of all or part of its business by a statutory authority; (D) has any of its issued shares suspended from trading on any exchange on which they are listed (if applicable), or (E) is the subject of a measure similar to any of the foregoing; or
(iii) the relevant federal or state authority withdrawing its authorization of either party.
(b) X.X. Xxxxxx may terminate this Agreement by giving not less than sixty (60) days’ prior written notice to the Customer in the event that X.X. Xxxxxx reasonably determines that servicing the Customer raises reputational or regulatory concerns.
(c) In the event of the termination of the custody agreement between X.X. Xxxxxx and the Customer, X.X. Xxxxxx may terminate this Agreement in whole or in part and cease to provide the Services simultaneously with the transition of the assets of the Customer to a successor custodian.
Other Grounds for Termination. To the extent allowable by governing law, either PARTY may terminate this LICENSE if the other PARTY is subject to an INSOLVENCY EVENT, where “INSOLVENCY EVENT” means the occurrence of any of the following: (a) a PARTY makes an assignment for the benefit of creditors; (b) a petition under any foreign, state or UNITED STATES bankruptcy act, receivership statute, or the like, as they now exist, or as they may be amended, is filed by a PARTY; (c) such a petition is filed with respect to a PARTY by any THIRD PARTY, or an application for a receiver is made by anyone with respect to a PARTY, and such petition or application is successfully litigated to an unappealable or not appealed decision by a court of final decisionor with respect to the PARTY whereby the petition or application is not resolved favorably to the PARTY within two (2) years from the date such petition is filed, or (d) a PARTY ceases doing business.
Other Grounds for Termination. (a) Either party may terminate this Agreement immediately on written notice to the other party upon the occurrence of any of the following:
(i) the other party commits any material breach of this Agreement and fails to remedy such breach (if capable of remedy) within thirty (30) days of the party in breach being given written notice of the material breach, unless the parties agree to extend the period to remedy the breach; or
(ii) the other party (A) admits in writing its inability or is generally unable to pay its debts as they become due; (B) institutes, consents to or is otherwise subject to the institution of any proceeding under title 11 of the United States Code, as in effect from time to time, or any other liquidation, conservatorship, bankruptcy, assignment for the benefit of creditors, composition with creditors, wind-down, moratorium, rearrangement, receivership, insolvency, reorganization, or similar debtor relief law of the United States or other applicable jurisdiction from time to time in effect and affecting the rights of creditors, generally; (C) is subject to an involuntary order for the transfer of all or part of its business by a statutory authority; (D) has any of its issued shares suspended from trading on any exchange on which they are listed (if applicable), or (E) is the subject of a measure similar to any of the foregoing.
(b) J.X. Xxxxxx may terminate this Agreement by giving not less than sixty (60) days’ prior written notice to the Customer in the event that J.X. Xxxxxx reasonably determines that either the Customer has ceased to satisfy J.X. Xxxxxx’x customary credit requirements or servicing the Customer raises reputational or regulatory concerns.
Other Grounds for Termination. Either party may terminate this Agreement immediately upon written notice to the other party following the occurrence of any of the following:
(i) the other party being declared bankrupt, entering into an agreement with creditors, obtaining a suspension of payment, being put under court controlled management or being the subject of a similar measure;
(ii) the relevant federal or state authority withdrawing its authorization of either party necessary to perform services under this Agreement; or
(iii) the other party committing any material breach of this Agreement and failing to remedy such breach (if capable of remedy) within 90 days of being given written notice of the material breach, unless the parties agree to extend the period to remedy the breach.
Other Grounds for Termination. (a) Either party may terminate this Agreement immediately on written notice to the other party upon the occurrence of any of the following:
(i) the other party commits any material breach of this Agreement and fails to remedy such breach (if capable of remedy) within thirty (30) days of the party in breach being given written notice of the material breach, unless the parties agree to extend the period to remedy the breach; or
(ii) the other party (A) admits in writing its inability or is generally unable to pay its debts as they become due; (B) institutes, consents to or is otherwise subject to the institution of any proceeding under title 11 of the United States Code, as in effect from time to time, or any other liquidation, conservatorship, bankruptcy, assignment for the Global Custody Agreement - New York - January 2021 benefit of creditors, composition with creditors, wind-down, moratorium, rearrangement, receivership, insolvency, reorganization, or similar debtor relief law of the United States or other applicable jurisdiction from time to time in effect and affecting the rights of creditors, generally; (C) is subject to an involuntary order for the transfer of all or part of its business by a statutory authority; (D) has any of its issued shares suspended from trading on any exchange on which they are listed (if applicable), or (E) is the subject of a measure similar to any of the foregoing.
(b) X.X. Xxxxxx may terminate this Agreement by giving not less than sixty (60) days’ prior written notice to the Customer in the event that X.X. Xxxxxx reasonably determines that either the Customer has ceased to satisfy X.X. Xxxxxx’x customary credit requirements or servicing the Customer raises reputational or regulatory concerns.
(c) The Customer may terminate this Agreement immediately in the event of the Customer’s liquidation.
(d) The Customer may terminate this Agreement with sixty (60) days’ prior written notice to X.X. Xxxxxx in the event of (i) a merger of Customer into, or the consolidation of Customer with, another entity, or (ii) the sale by Customer of all, or substantially all, of its assets to another entity.
Other Grounds for Termination a) Either party may, without prejudice to its other rights or remedies, give written notice to the other party to terminate this Agreement if:
(i) the other party commences a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code");
(ii) an involuntary case is commenced against the other party and the petition is not controverted within 30 days, or is not dismissed within 90 days, after commencement of the case;
(iii) the other party becomes insolvent or bankrupt, or an order is made or a resolution passed for the liquidation, administration, winding-up of dissolution of the other party (other than for the purposes of a solvent amalgamation or reconstruction);
(iv) an administrative or other receiver, manager, trustee, liquidator, administrator, conservator, custodian, or similar officer is appointed over all or any substantial part of the assets of the other party;
(v) the other party enters into or proposes any composition or arrangement with its creditors generally; or
(vi) anything similar to the foregoing occurs in any applicable jurisdiction.
b) Either party may give written notice to the other party to terminate this Agreement if:
(i) a regulator with supervisory control over it directs it to terminate the agreement;
(ii) a regulator withdraws the status of a Fund as a registered investment company; or
(iii) a regulatory change has occurred that has or will render the continuing performance of the services by the Administrator a violation of applicable law.
c) Either party may give written notice to terminate this Agreement for the fraudulent actions or fraudulent misrepresentations of the other party in connection with this Agreement.
d) The Administrator or Adviser may give written notice to terminate this Agreement if there is a change in the control (as that term is defined in the 1000 Xxx) of the other party. The Adviser may terminate this agreement with respect to a Fund if the agreement that provides for the Adviser to furnish advisory services to that Fund is terminated other than due to a change in control of the Adviser. For the avoidance of doubt, this Section 12.3(d) shall not apply to a change in ownership of a Fund or the merger of a Fund into, or the consolidation of a Fund with, another entity, or the sale by a Fund of all, or substantially all, of its assets to another entity, in each case where the Adviser and Adm...
Other Grounds for Termination. (a) In the event of the termination of the custody agreement between J.X. Xxxxxx and the Customer, J.X. Xxxxxx may terminate this Agreement in whole or in part and cease to provide the Services simultaneously with the transition of the assets of the respective Funds to a successor custodian. In the event that any such termination occurs prior to the end of the Initial Term, the Customer shall pay J.X. Xxxxxx an early termination fee in an amount equal to six (6) times the average monthly Fee paid by Customer during the preceding six (6) months (an “Early Termination Fee”), unless the Customer’s termination of the custody agreement was for J.X. Xxxxxx’x material breach or due to the liquidation of the Fund pursuant to an action approved by the Fund’s Board.
(b) Either party may terminate this Agreement immediately upon written notice to the other party following the occurrence of any of the following:
(i) the other party being declared bankrupt, entering into a composition with creditors, obtaining a suspension of payment, being put under court controlled management or being the subject of a similar measure;
(ii) the relevant federal or state authority withdrawing its authorization of either party; or
(iii) the other party committing any material breach of this Agreement and failing to remedy such breach (if capable of remedy) within 90 days of being given written notice of the material breach, unless the parties agree to extend the period to remedy the breach.
Other Grounds for Termination. In some instances an action or inaction by an employee may give rise to circumstances that are not considered a disciplinary matter but may materially impact the continuing employment relationship with the company and result in termination of employment Examples of such circumstance may include but not be limited to the following; o Medical incapacity o Failure to maintain the legal right to work o Abandonment of employment o Failure to disclose a material fact that may impact the ongoing employment relationship e.g. a criminal conviction during employment that prevents an employee from fulfilling their duties If an employee has any concerns about their employment, or how they are treated at work, they should advise Metlifecare as soon as possible so these can be resolved. The first step is for the employee and Metlifecare to discuss the problem and try to find possible solutions. If the issue cannot be resolved then a personal grievance may be raised. The employee has 90 days from the time the problem occurred, or became known by the employee, to raise the grievance with Metlifecare via the People Team. If the problem cannot be resolved, the employee or Metlifecare can seek help from an external party, e.g. one or more of the following: o Employment Mediation Services, which offers free information and mediation to help employers and employees work together to resolve problems o a union or an advocate o a lawyer. If it cannot be resolved at mediation, the employee or Metlifecare may elect to progress to the Employment Relations Authority. E tū Incorporated Family Violence Guidelines:
Other Grounds for Termination. This Agreement and the Transaction may be terminated at any time before Closing (whether before or after applicable approval of this Agreement by the shareholders of the parties, unless otherwise provided) as follows:
Other Grounds for Termination. (a) In the event of the termination of the custody agreement between X.X. Xxxxxx and the Customer, X.X. Xxxxxx may terminate this Agreement in whole or in part and cease to provide the Services simultaneously with the transition of the assets of the Customer to a successor custodian, provided that if the Agreement is terminated during the initial term, the termination fee described in Section 7.1 shall apply.
(b) Notwithstanding Section 7.2(a), either party may terminate this Agreement immediately upon written notice to the other party following the occurrence of any of the following:
(i) the other party being declared bankrupt, entering into a composition with creditors, obtaining a suspension of payment, being put under court controlled management or being the subject of a similar measure;
(ii) the relevant federal or state authority withdrawing its authorization of either party; or
(iii) the other party committing any material breach of this Agreement and failing to remedy such breach (if capable of remedy) within 90 days of being given written notice of the material breach, unless the parties agree to extend the period to remedy the breach.
