Common use of Right to Terminate Upon Bankruptcy Clause in Contracts

Right to Terminate Upon Bankruptcy. Either Party may, in addition to any other remedies available to it by Law or in equity, terminate this Agreement, in whole or in part as the terminating Party may determine, by notice to the other Party in the event (i) the other Party shall have become bankrupt or shall have made an assignment for the benefit of its creditors; (ii) there shall have been appointed a trustee or receiver for the other Party or for all or a substantial part of its property; or (iii) any case or proceeding shall have been commenced or other action taken by or against the other Party in bankruptcy or seeking reorganization, liquidation, dissolution, winding-up, arrangement, composition or readjustment of its debts or any other relief under any bankruptcy, insolvency, reorganization or other similar act or Law of any jurisdiction now or hereafter in effect, and any such event shall have continued for [**] days undismissed, unbonded and/or undischarged.

Appears in 2 contracts

Samples: License and Collaboration Agreement (Cephalon Inc), License and Collaboration Agreement (Alkermes Inc)

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Right to Terminate Upon Bankruptcy. Either Party may, in addition to any other remedies available to it by Applicable Law or in equity, terminate this Agreement, in whole or in part as the terminating Party may determine, by notice to the other Party in the event (i) the other Party shall have has become bankrupt or shall have has made an assignment for the benefit of its creditors; (ii) there shall have has been appointed a trustee or receiver for the other Party or for all or a substantial part of its property; or (iii) any case or proceeding shall have has been commenced or other action taken by or against the other Party in bankruptcy or seeking reorganization, liquidation, dissolution, winding-up, arrangement, composition or readjustment of its debts or any other relief under any bankruptcy, insolvency, reorganization or other similar act or Applicable Law of any jurisdiction now or hereafter in effect, and any such event shall have has continued for [**] sixty (60) days undismissed, unbonded and/or undischarged.

Appears in 2 contracts

Samples: Asset Purchase and License Agreement (Civitas Therapeutics, Inc.), Asset Purchase and License Agreement (Civitas Therapeutics, Inc.)

Right to Terminate Upon Bankruptcy. Either Party may, in addition to any other remedies available to it by under Applicable Law or in equity, terminate this Agreement, in whole or in part as the terminating Party may determineon a country-by-country-basis, by effective immediately upon written notice to the other Party Party, in the event (i) the other Party shall have become bankrupt or shall have has made an assignment for the benefit of its creditors; (ii) there shall have has been appointed a an administrator, trustee or receiver for the other Party or for all or a substantial part of its property; or (iii) any case or proceeding shall have has been commenced or other action taken by or against the other Party in bankruptcy or seeking reorganization, liquidation, dissolution, winding-up, arrangement, composition or readjustment of its debts or any other relief under any bankruptcy, insolvency, reorganization or other similar act or Applicable Law of any jurisdiction now or hereafter in effecteffect (each, an “Insolvency Event”), and any such event shall have has continued for [**] sixty (60) days undismissed, unbonded and/or undischarged.

Appears in 1 contract

Samples: License and Collaboration Agreement

Right to Terminate Upon Bankruptcy. Either Party may, in addition to any other remedies available to it by Applicable Law or in equity, terminate this Agreement, in whole or in part as the terminating Party may determine, by notice to the other Party in the event (i) the other Party shall have has become bankrupt or shall have has made an assignment for the benefit of its creditors; (ii) there shall have has been appointed a trustee or receiver for the other Party or for all or a substantial part of its property; or (iii) any case or proceeding shall have has been commenced or other action taken by or against the other Party in bankruptcy or seeking reorganization, liquidation, dissolution, winding-up, arrangement, composition or readjustment of its debts or any other relief under any bankruptcy, insolvency, reorganization or other similar act or Applicable Law of any jurisdiction now or hereafter in effect, and any such event shall have has continued for [**] sixty (60) days undismissed, unbonded and/or undischarged. Certain portions of this Exhibit have been omitted pursuant to a confidential treatment request. Such omitted portions, which are marked with brackets [ ] and an asterisk*, have been separately filed with the Commission.

Appears in 1 contract

Samples: Asset Purchase and License Agreement (Acorda Therapeutics Inc)

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Right to Terminate Upon Bankruptcy. Either Party may, in addition to any other remedies available to it by under Applicable Law or in equity, terminate this Agreement, in whole or in part as the terminating Party may determine, by effective immediately upon written notice to the other Party in the event (i) the other Party shall have become bankrupt or shall have has made an assignment for the benefit of its creditors; (ii) there shall have has been appointed a an administrator, trustee or receiver for the other Party or for all or a substantial part of its property; or (iii) any case or proceeding shall have has been commenced or other action taken by or against the other Party in bankruptcy or seeking reorganization, liquidation, dissolution, winding-up, arrangement, composition or readjustment of its debts or any other relief under any bankruptcy, insolvency, reorganization or other similar act or Applicable Law of any jurisdiction now or hereafter in effect, and any such event shall have has continued for [**] sixty (60) days undismissed, unbonded and/or undischarged.

Appears in 1 contract

Samples: License and Collaboration Agreement (Alkermes Plc.)

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