Remedies and Limitation of Liability. 11.1 Nortel shall have the right to suspend its performance by written notice to Buyer and forthwith remove and take possession of all Products that shall have been delivered to Buyer, if, prior to payment to Nortel of any amounts due pursuant to this Agreement with respect to such Products, Buyer shall (a) become insolvent or bankrupt or cease, be unable, or admit in writing its inability, to pay all debts as they mature, or make a general assignment for the benefit of, or enter into any arrangement with, creditors, (b) authorize, apply for, or consent to the appointment of, a receiver, trustee, or liquidator of all or a substantial part of its assets or have proceedings seeking such appointment commenced against it which are not terminated within ninety (90) days of such commencement, or (c) file a voluntary petition under any bankruptcy or insolvency law or under the reorganization or arrangement provisions of the United States Bankruptcy Code or any similar law of any jurisdiction or have proceedings under any such law instituted against it which are not terminated within ninety (90) days of such commencement.
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Samples: Network Products Purchase Agreement (Focal Communications Corp), Network Products Purchase Agreement (Startec Global Holdings Corp), Network Products Purchase Agreement (Northeast Optic Network Inc)
Remedies and Limitation of Liability. 11.1 Nortel shall have the right to suspend its performance by written notice to Buyer and forthwith remove and take possession of all Products that shall have been delivered to Buyer, if, prior to payment to Nortel of any amounts due pursuant to this Agreement with respect to such Products, Buyer shall (a) become insolvent or bankrupt or cease, be unable, or admit in writing its inability, to pay all debts as they mature, or make a general assignment for the benefit of, or enter into any arrangement with, creditors, (b) authorize, apply for, or consent to the appointment of, a receiver, trustee, or liquidator of all or a substantial part of its assets or have proceedings seeking such appointment commenced against it which that are not terminated within ninety (90) days of such commencement, or (c) file a voluntary petition under any bankruptcy or insolvency law or under the reorganization or arrangement provisions of the United States Bankruptcy Code or any similar law of any jurisdiction or have proceedings under any such law instituted against it which that are not terminated within ninety (90) days of such commencement.
Appears in 2 contracts
Samples: Network Products Purchase Agreement (21st Century Telecom Group Inc), Network Products Purchase Agreement (21st Century Telecom Group Inc)
Remedies and Limitation of Liability. 11.1 Nortel shall have the right to suspend its performance by written notice to Buyer and forthwith remove and take possession of all Products that shall have been delivered to Buyer, if, prior to payment to Nortel of any amounts due pursuant to this Agreement with respect to such Products, Buyer shall (a) become insolvent or bankrupt or cease, be unable, or admit in writing its inability, to pay all debts as they mature, or make a general assignment for the benefit of, or enter into any arrangement with, creditors, (b) authorize, apply for, or consent to the appointment of, of a receiver, trustee, or liquidator of all or a substantial part of its assets or have proceedings seeking such appointment commenced against it which are not terminated within ninety (90) days of such commencement, or (c) file a voluntary petition under any bankruptcy or insolvency law or under the reorganization or arrangement provisions of the United States Bankruptcy Code or any similar law of any jurisdiction or have proceedings under any such law instituted against it which are not terminated within ninety (90) days of such commencement.
Appears in 1 contract
Samples: Network Products Purchase Agreement (Itc Deltacom Inc)
Remedies and Limitation of Liability. 11.1 13.1 Nortel Networks shall have the right to suspend its performance by performance, upon written notice to Buyer Company, and forthwith remove and take possession of all Products that shall have been delivered to BuyerCompany, if, prior to payment to Nortel Networks of any amounts due pursuant to this Agreement with respect to such Products, Buyer Company shall (ai) become insolvent or bankrupt or cease, be unable, or admit in writing its inability, to pay all debts as they mature, or make a general assignment for the benefit of, or enter into any arrangement with, creditors, ; (bii) authorize, apply for, or consent to the appointment of, a receiver, trustee, or liquidator of all or a substantial part of its assets or have proceedings seeking such appointment commenced against it which are not terminated within ninety sixty (9060) days of such commencement, ; or (ciii) file a voluntary petition under any bankruptcy or insolvency law or under the reorganization or arrangement provisions of the United States Bankruptcy Code or any similar law of any jurisdiction or have proceedings under any such law instituted against it which are not terminated within ninety sixty (9060) days of such commencement.
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Remedies and Limitation of Liability. 11.1 12.1 Nortel Networks shall have the right to suspend its performance by performance, upon written notice to Buyer FiberNet, and forthwith remove and take possession of all Products that shall have been delivered to BuyerFiberNet, if, prior to payment to Nortel Networks of any amounts due pursuant to this Agreement with respect to such Products, Buyer FiberNet shall (ai) become insolvent or bankrupt or cease, be unable, or admit in writing its inability, to pay all debts as they mature, or make a general assignment for the benefit of, or enter into any arrangement with, creditors, ; (bii) authorize, apply for, or consent to the appointment of, a receiver, trustee, or liquidator of all or a substantial part of its assets or have proceedings seeking such appointment commenced against it which are not terminated within ninety sixty (9060) days of such commencement, ; or (ciii) file a voluntary petition under any bankruptcy or insolvency law or under the reorganization or arrangement provisions of the United States Bankruptcy Code or any similar law of any jurisdiction or have proceedings under any such law instituted against it which are not terminated within ninety sixty (9060) days of such commencement.
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Samples: Master Purchase Agreement (Fibernet Telecom Group Inc\)
Remedies and Limitation of Liability. 11.1 Nortel shall have the right to suspend its performance by performance, upon written notice to Buyer Company, and forthwith remove and take possession of all Products deliverables that shall have been delivered to BuyerCompany in connection with the performance of certain Services, if, prior to payment to Nortel of any amounts due pursuant to this Agreement with respect to such ProductsServices, Buyer Company shall (a) become insolvent or bankrupt or cease, be unable, or admit in writing its inability, to pay all debts as they mature, or make a general assignment for the benefit of, or enter into any arrangement with, creditors, (b) authorize, apply for, or consent to the appointment of, a receiver, trustee, or liquidator of all or a substantial part of its assets or have proceedings seeking such appointment commenced against it which are not terminated within ninety sixty (9060) days of such commencement, or (c) file a voluntary petition under any bankruptcy or insolvency law or under the reorganization or arrangement provisions of the United States Bankruptcy Code or any similar law of any jurisdiction or have proceedings under any such law instituted against it which are not terminated within ninety sixty (9060) days of such commencement.
Appears in 1 contract
Samples: Master Services Agreement (Worldport Communications Inc)
Remedies and Limitation of Liability. 11.1 13.1 Nortel shall have the right to suspend its performance by performance, upon written notice to Buyer Company, and forthwith remove and take possession of all Products that shall have been delivered to BuyerCompany, if, prior to payment to Nortel of any amounts due pursuant to this Agreement with respect to such Products, Buyer Company shall (a) become insolvent or bankrupt or cease, be unable, or admit in writing its inability, to pay all debts as they mature, or make a general assignment for the benefit of, or enter into any arrangement with, creditors, (b) authorize, apply for, or consent to the appointment of, a receiver, trustee, or liquidator of all or a substantial part of its assets or have proceedings seeking such appointment commenced against it which are not terminated within ninety sixty (9060) days of such commencement, or (c) file a voluntary petition under any bankruptcy or insolvency law or under the reorganization or arrangement provisions of the United States Bankruptcy Code or any similar law of any jurisdiction or have proceedings under any such law instituted against it which are not terminated within ninety sixty (9060) days of such commencement.
Appears in 1 contract
Samples: Master Purchase Agreement (Worldport Communications Inc)
Remedies and Limitation of Liability. 11.1 12.1 Nortel shall have the right to suspend its performance by performance, upon written notice to Buyer Company, and forthwith remove and take possession of all Products that shall have been delivered to BuyerCompany, if, prior to payment to Nortel of any amounts due pursuant to this Agreement with respect to such Products, Buyer Company shall (a) become insolvent or bankrupt or cease, be unable, or admit in writing its inability, to pay all debts as they mature, or make a general assignment for the benefit of, or enter into any arrangement with, creditors, (b) authorize, apply for, or consent to the appointment of, a receiver, trustee, or liquidator of all or a substantial part of its assets or have proceedings seeking such appointment commenced against it which are not terminated within ninety sixty (9060) days of such commencement, or (c) file a voluntary petition under any bankruptcy or insolvency law or under the reorganization or arrangement provisions of the United States Bankruptcy Code or any similar law of any jurisdiction or have proceedings under any such law instituted against it which are not terminated within ninety sixty (9060) days of such commencement.
Appears in 1 contract
Samples: Master Purchase Agreement (Logix Communications Enterprises Inc)
Remedies and Limitation of Liability. 11.1 Nortel shall have the right to suspend its performance by written notice to Buyer and forthwith remove and take possession of all Products that shall have been delivered to Buyer, if, prior to payment to Nortel of any amounts due pursuant to this Agreement with respect to such Products, Buyer shall (a) become insolvent or bankrupt or cease, be unable, or admit in writing its inability, to pay all debts as they mature, or make a general assignment for the benefit of, or enter into any arrangement with, creditors, (b) authorize, apply for, or consent to the appointment of, a receiver, trustee, or liquidator of all or a substantial part of its assets or have proceedings seeking such appointment commenced against it which are not terminated within ninety thirty (9030) days of such commencement, or (c) file a voluntary petition under any bankruptcy or insolvency law or under the reorganization or arrangement provisions of the United States Bankruptcy Code or any similar law of any jurisdiction or have proceedings under any such law instituted against it which are not terminated within ninety thirty (9030) days of such commencement.
Appears in 1 contract
Samples: Network Products Purchase Agreement (Itc Deltacom Inc)
Remedies and Limitation of Liability. 11.1 12.1 Nortel shall have the right to suspend its performance by performance, upon written notice to Buyer Company, and forthwith remove and take possession of all Products that shall have been delivered to BuyerCompany, if, prior to payment to Nortel of any amounts due pursuant to this Agreement with respect to such Products, Buyer Company shall (ai) become insolvent or bankrupt or cease, be unable, or admit in writing its inability, to pay all debts as they mature, or make a general assignment for the benefit of, or enter into any arrangement with, creditors, ; (bii) authorize, apply for, or consent to the appointment of, a receiver, trustee, or liquidator of all or a substantial part of its assets or have proceedings seeking such appointment commenced against it which are not terminated within ninety sixty (9060) days of such commencement, ; or (ciii) file a voluntary petition under any bankruptcy or insolvency law or under the reorganization or arrangement provisions of the United States Bankruptcy Code or any similar law of any jurisdiction or have proceedings under any such law instituted against it which are not terminated within ninety (90) days of such commencement.have
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Remedies and Limitation of Liability. 11.1 13.1 Nortel shall have the right to suspend its performance by performance, upon written notice to Buyer Company, and forthwith remove and take possession of all Products that shall have been delivered to BuyerCompany, if, ; prior to payment to Nortel of any amounts due pursuant to this Agreement with respect to such Products, Buyer Company shall (ai) become insolvent or bankrupt or cease, be unable, or admit in writing its inability, to pay all debts as they mature, or make a general assignment for the benefit of, ; or enter into any arrangement with, creditors, (bii) authorize, apply for, or consent to the appointment of, ; a receiver, trustee, or liquidator of all or a substantial part of its assets or have proceedings seeking such appointment commenced against it which are not terminated within ninety sixty (9060) days of such commencement, or (ciii) file a voluntary petition under any bankruptcy or insolvency law or under the reorganization or arrangement provisions of the United States Bankruptcy Code or any similar law of any jurisdiction or have proceedings under any such law instituted against it which are not terminated within ninety sixty (9060) days of such commencement.
Appears in 1 contract
Samples: Master Purchase Agreement (Pick Communications Corp)