Common use of Other Grounds for Termination Clause in Contracts

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. (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. (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 J.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. Global Custody Agreement – New York – January 2021 24

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. 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 J.X. X.X. Xxxxxx reasonably determines that either the Customer has ceased to satisfy J.X. X.X. Xxxxxx’x customary credit requirements or servicing the Customer raises reputational or regulatory concerns.