Common use of Requirements for Assignment Clause in Contracts

Requirements for Assignment. Customer Bankruptcy, or Customer Non-Payment Event. Dell shall only be required to take assignment of a Customer Agreement in the event of a Customer Bankruptcy or in a Customer Non- Payment Event pursuant to Clauses 6.3.2.A.(ii) and (iii), if: (i) the Customer Agreement meets the requirements set forth in Clause 2.1.C and Clause 6.3.2.E.(Requirements for Assignment – Generally); (ii) Reseller has, if requested by Dell, promptly provided the Customer with a notice indicating the Customer Bankruptcy, or Customer Non-Payment Event, constitutes a default or material breach pursuant to the Customer Agreement; (iii) Reseller has provided Dell prompt notice of every instance of Customer’s uncured failure to pay for the APEX Service or Related Service; (iv) Reseller has provided to Dell all applicable Customer contacts and any other information necessary for Dell to conduct cash collection activities and any other associated activities; and, (v) Reseller is current on all, and has no outstanding overdue, payment obligations under this Agreement.