Common use of Other Grounds for Termination Clause in Contracts

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 Administrator are retained to continue providing services with respect to such Fund (or its respective successor) on substantially the same terms, or the liquidation or dissolution of a Fund and distribution of such Fund's assets. e) The Administrator and Adviser may terminate the Agreement by mutual written agreement. Further, the Adviser may terminate this Agreement as to a Fund in the event of the termination of the Fund, whether by merger, reorganization or liquidation.

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 0000 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 Administrator are retained to continue providing services with respect to such Fund (or its respective successor) on substantially the same terms, or the liquidation or dissolution of a Fund and distribution of such Fund's ’s assets. e) The Administrator and Adviser may terminate the Agreement by mutual written agreement. Further, the Adviser may terminate this Agreement as to a Fund in the event of the termination of the Fund, whether by merger, reorganization or liquidation.

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 Xxx1940 Act) of the other party. The Adviser may terminate this agreement xxxxxment 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 Administrator are retained to continue providing services with respect to such Fund (or its respective successor) on substantially the same terms, or the liquidation or dissolution of a Fund and distribution of such Fund's assets. e) The Administrator and Adviser may terminate the Agreement by mutual written agreement. Further, the Adviser may terminate this Agreement as to a Fund in the event of the termination of the Fund, whether by merger, reorganization or liquidation.