Termination by Bankruptcy. In the event either party shall file a voluntary petition or any answer admitting the jurisdiction of the Court and the material allegations of, or shall consent to, an involuntary petition pursuant to or purporting to be pursuant to any reorganization or insolvency law of any jurisdiction, or shall make an assignment of substantially all of its assets for the benefit of creditors, or shall apply for or consent to the appointment of a receiver or trustee of a substantial part of its property (such party, upon the occurrence of any such event, a "Bankrupt Party"), then to the extent permitted by law the other party hereto may thereafter immediately terminate this Agreement by giving notice of termination to the Bankrupt Party, unless the proceeding is dismissed within ninety (90) days of its filing.
Termination by Bankruptcy. Either Party may terminate this Agreement if the other Party enters into bankruptcy or a similar situation in which the latter shall make any assignment of its assets or business or control of such assets or business for the benefit of a Third Party.
Termination by Bankruptcy. If either party shall become bankrupt or insolvent, or if either party's business shall be placed in the hands of a receiver or trustee, whether by voluntary act of such party or otherwise, this Agreement shall, at the option of the other party, immediately terminate.
Termination by Bankruptcy. Either party may terminate this Agreement on thirty (30) days written notice to the other party if the other party becomes bankrupt or makes an assignment for the benefit of creditors. (iii)
Termination by Bankruptcy. This Agreement may be immediately terminated by either Party if any of the following events ("Triggering Events") occur: (1) the other Party files a voluntary petition under any provision of the U.S. Bankruptcy Code or under any similar insolvency law, makes an assignment for the benefit of its creditors, (2) any involuntary petition in bankruptcy under any provision of the U.S. Bankruptcy Code or under any similar insolvency law is filed against such other Party, or (3) a receiver is appointed for, or a levy or attachment is made against all or substantially all of its assets, and such involuntary petition is not dismissed or such receiver or levy or attachment is not discharged within sixty (60) days after the filing, appointment or making thereof. To the extent that applicable bankruptcy law does not permit the exercise of rights under the immediately preceding paragraph, the bankrupt party agrees that adequate assurance of performance by the bankrupt party of the balance of this Agreement as a "Debtor-in-possession" or any similar entity under successor bankruptcy laws will include assurances both of such entity's ability to adequately produce products for the specifically permitted Agreement and such entity's willingness and ability to protect the other party's proprietary rights. As a personal contract, exercise of rights by a trustee or assignment of rights hereunder would not be appropriate and such understanding is an essential part of each Party's willingness to enter into this Agreement.
Termination by Bankruptcy. This Agreement may be immediately terminated by either party if the other party files a voluntary petition in bankruptcy or under any similar insolvency law, makes an assignment for the benefit of its creditors, or if any involuntary petition in bankruptcy or under any similar insolvency law is filed against such other party, or if a receiver is appointed for, or a levy or attachment is made against all or substantially all of its assets, and such involuntary petition is not dismissed or such receiver or levy or attachment is not discharged within sixty (60) days after the filing, appointment or making thereof. To the extent that applicable bankruptcy law does not permit the exercise of ManagedStorage's rights under the immediately preceding sentence:
i. Distributor hereby consents to the termination of Distributor's right to grant further sublicenses of Licensed Program, and
ii. Distributor agrees that adequate assurance of performance by Distributor of the balance of This Agreement as a "Debtor-in-possession" or any similar entity under successor bankruptcy laws will include assurances both of such entity's ability to adequately promote ManagedStorage's Service and such entity's willingness and ability to protect ManagedStorage's proprietary rights. As a personal contract, exercise of Distributor's rights by a trustee or assignment of Distributor's rights hereunder would not be appropriate and that understanding is an essential part of ManagedStorage's willingness to enter into This Agreement.
Termination by Bankruptcy. This Agreement may be immediately terminated by the Seller if Exabyte, or by Exabyte if Seller, files a voluntary petition in bankruptcy or under any similar insolvency law, makes an assignment for the benefit of its creditors, or if any involuntary petition in bankruptcy or under any similar insolvency law is filed against it, or if a receiver is appointed for, or a levy or attachment is made against all or substantially all of its assets, and such petition is not dismissed or such receiver or levy or attachment is not discharged within sixty (60) days after the filing or appointment thereof.
Termination by Bankruptcy. Exigis or Customer may terminate this Agreement and any SOS referencing this Agreement by prior written notice if the other party makes an assignment for the benefit of creditors, becomes subject to a bankruptcy proceeding, is subject to the appointment of a receiver, or admits in writing its inability to pay its debts as they become due.
Termination by Bankruptcy. This Agreement may be immediately terminated by either Party if any of the following events ("Triggering Events") occur: (1) the other Party files a voluntary petition under any provision of the U.S. Bankruptcy Code or under any similar insolvency law, makes an assignment for the benefit of its creditors, (2) any involuntary petition in bankruptcy under any provision of the U.S. Bankruptcy Code or under any similar insolvency law is filed against such other Party, or (3) a receiver
Termination by Bankruptcy. The allowance of any petition under the bankruptcy law or the appointment of a receiver by Lessee or any of its assignees, or upon an assignment for the general benefit of creditors of Lessee or any of its assigns, then in any of such events, Lessor may terminate this Lease and any assignment thereof by Lessor giving Lessee notice in writing of the exercise of Lessor’s option to terminate this Lease, and upon such exercise, the equipment shall be forthwith returned to Lessor at Lessee’s expense and Lessor is thereby expressly given the immediate right to take possession of such equipment wherever situated.
