Seller’s Right to Terminate. Seller shall have the right, by providing Buyer with thirty (30) days' prior written notice, to terminate this Agreement upon the occurrence of any of the following events, any one of which shall be considered a "Buyer Default": (a) Buyer fails to make payments as provided in this Agreement, unless such failure is cured within thirty (30) days from receipt of written demand for such payment. Any late payments shall bear interest at the annual rate of ***; (b) Buyer is adjudged bankrupt; * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. (c) Buyer files a voluntary petition in bankruptcy or liquidation or for the appointment of a receiver; (d) Filing of an involuntary petition to have Buyer declared bankrupt, or subject to receivership, provided that such petition is not vacated or set aside within ninety (90) days from the date of filing; (e) The execution by Buyer of any assignment for the benefit of creditors; or (f) Buyer breaches any material provision of this Agreement and fails to cure such material breach within thirty (30) days from receipt of written notice describing the breach.
Appears in 3 contracts
Samples: Supply Agreement (Novatel Wireless Inc), Supply Agreement (Novatel Wireless Inc), Supply Agreement (Novatel Wireless Inc)
Seller’s Right to Terminate. Seller shall have the right, by providing Buyer with thirty (30) days' prior written notice, to immediately terminate this Agreement upon the occurrence of any of the following events, any one of which shall be considered a "Buyer Default:":
(a) Buyer fails to make payments as provided in this Agreement, unless such failure is cured within thirty (30) days from receipt of written demand for such payment. Any late payments shall bear interest at the annual rate of ***LIBOR plus 2%;
(b) Buyer is adjudged bankrupt; * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.;
(c) Buyer files a voluntary petition in bankruptcy or liquidation or for the appointment of a receiver;
(d) Filing of an involuntary petition to have Buyer declared bankrupt, or subject to receivership, provided that such petition is not vacated or set aside within ninety (90) days from the date of filing;
(e) The execution by Buyer of any assignment for the benefit of creditors; or
(f) Buyer breaches any material provision of this Agreement and fails to cure such material breach within thirty (30) days from receipt of written notice describing the breach.
Appears in 3 contracts
Samples: Supply Agreement (Novatel Wireless Inc), Supply Agreement (Omnisky Corp), Supply Agreement (Omnisky Corp)
Seller’s Right to Terminate. Seller shall have the right, by providing Buyer with thirty (30) days' prior written notice, to immediately terminate this Agreement upon the occurrence of any of the following events, any one of which shall be considered a "Buyer Default:":
(a) Buyer fails to make payments as provided in this Agreement, unless such failure is cured within thirty (30) days from receipt of written demand for such payment. Any late payments shall bear interest at the annual rate of ***;
(b) Buyer is adjudged bankrupt; * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.;
(c) Buyer files a voluntary petition in bankruptcy or liquidation or for the appointment of a receiver;
(d) Filing of an involuntary petition to have Buyer declared bankrupt, or subject to receivership, provided that such petition is not vacated or set aside within ninety (90) days from the date of filing;
(e) The execution by Buyer of any assignment for the benefit of creditors; or
(f) Buyer breaches any material provision of this Agreement and fails to cure such material breach within thirty (30) days from receipt of written notice describing the breach.
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