Common use of Seller’s Right to Terminate Clause in Contracts

Seller’s Right to Terminate. Seller may terminate any and all Agreements between Buyer and Seller upon written notice to Buyer: (a) if Buyer fails to pay any amount when due under this Agreement (”Payment Failure”) and such failure continues for 14 days after Buyer’s receipt of written notice of nonpayment; (b) if within any 12 month period, two or more Payment Failures occur; (c) if Buyer breaches any provision of this Agreement or any Individual Transaction (other than a Payment Failure), and either the breach cannot be cured or, if the breach can be cured, it is not cured by Buyer within 14 days after Buyer’s receipt of written notice of such breach; or (d) if Buyer (i) becomes insolvent or is generally unable to pay its debts as they become due, (ii) files or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency Law, (iii) makes or seeks to make a general assignment for the benefit of its creditors, or (iv) applies for or has appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.

Seller’s Right to Terminate. Seller may terminate any and all Agreements between Buyer and Seller this Agreement upon written notice to Buyer: : (a) if Buyer fails to pay any amount when due under this Agreement (”“Payment Failure”) and such failure continues for 14 ten (10) days after Buyer’s receipt of written notice of nonpayment; ; (b) if within any 12 twelve (12) month period, two (2) or more Payment Failures occur; ; (c) if Buyer breaches any material provision of this Agreement or any Individual Transaction (other than a Payment Failure), and either the breach cannot be cured or, if the breach can be cured, it is not cured by Buyer within 14 thirty (30) days after Buyer’s receipt of written notice of such breach; or or (d) if Buyer (i) becomes insolvent or is generally unable to pay its debts as they become due, (ii) files or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency Law, (iii) makes or seeks to make a general assignment for the benefit of its creditors, or (iv) applies for or has appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.

Seller’s Right to Terminate. Seller may terminate any and all Agreements between Buyer and Seller this Agreement upon written notice to Buyer: : (a) if Buyer Xxxxx fails to pay any amount when due under this Agreement (”"Payment Failure”") and such failure continues for 14 30 days after Buyer’s Xxxxx's receipt of written notice of nonpayment; ; (b) if within any 12 1 month period, two 1 or more Payment Failures occur; ; (c) if Buyer breaches any provision of this Agreement or any Individual Transaction (other than a Payment Failure), and either the breach cannot be cured or, if the breach can be cured, it is not cured by Buyer within 14 days after Buyer’s Xxxxx's receipt of written notice of such breach; or ; (d) if Buyer Xxxxx (i) becomes insolvent or is generally unable to pay its debts as they become due, (ii) files or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency Law, (iii) makes or seeks to make a general assignment for the benefit of its creditors, or (iv) applies for or has appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.; (e) if Seller terminates any other agreement between (i) Seller and (ii) Buyer or Buyer's Affiliates, due to Buyer's or Buyer's Affiliates' breach or non-performance thereof; or (f) if (i) Buyer sells, leases or exchanges a material portion of Buyer's assets,