Common use of Termination by Provider Clause in Contracts

Termination by Provider. Provider may terminate this agreement ----------------------- immediately upon notice to Service Company upon the occurrence of any of the following events: (i) A receiver, trustee, liquidator, or conservator is appointed for Service Company or to take possession of all or substantially all of Service Company's property or a petition for insolvency, dissolution, liquidation, or reorganization, or order for relief in which Service Company is named as debtor, is filed by, against, or with respect to Service Company pursuant to any federal or state statute, regulation, or law for the protection of debtors, and, with respect to any such appointment or filing, Service Company fails to secure a stay or discharge thereof within 45 days after such appointment or filing; (ii) Service Company fails to comply with or perform any of its material duties or obligations under this agreement, which failure continues for 30 days after notice is given by Provider to Service Company thereof, or if because of the nature of such failure it cannot reasonably be corrected within such 30 day period, failure by Service Company to commence such correction promptly following its receipt of notice from Provider and thereafter to expeditiously and continuously prosecute the correction to completion; or (iii) A court of competent jurisdiction makes a final determination that Service Company has materially breached a fiduciary duty owed to Provider. Notwithstanding the foregoing, any termination by Provider under this section shall require the affirmative vote of three-fourths of the then- outstanding shares of Provider entitled to vote on such a matter.

Termination by Provider. Provider may terminate this agreement ----------------------- immediately upon notice to Service Company upon the occurrence of any of the following events: (i) A receiver, trustee, liquidator, or conservator is appointed for Service Company or to take possession of all or substantially all of Service Company's property or a petition for insolvency, dissolution, liquidation, or reorganization, or order for relief in which Service Company is named as debtor, is filed by, against, or with respect to Service Company pursuant to any federal or state statute, regulation, or law for the protection of debtors, and, with respect to any such appointment or filing, Service Company fails to secure a stay or discharge thereof within 45 days after such appointment or filing; (ii) Service Company fails to comply with or perform any of its material duties or obligations under this agreement, which failure continues for 30 days after notice is given by Provider to Service Company thereof, or if because of the nature of such failure it cannot reasonably be corrected within such 30 day period, failure by Service Company to commence such correction promptly following its receipt of notice from Provider and thereafter to expeditiously and continuously prosecute the correction to completion; or (iii) A court of competent jurisdiction makes a final determination that Service Company has materially breached a fiduciary duty owed to Provider. Notwithstanding the foregoing, any termination by Provider under this section shall require the affirmative vote of three-fourths of the then- outstanding shares of Provider entitled to vote on such a mattermatter and Provider shall, upon request by Service Company, provide evidence reasonably satisfactory to Service Company of such vote.

Termination by Provider. Provider may terminate this agreement ----------------------- Agreement immediately upon notice to Service Company upon the occurrence of any of the following events: (i) A receiver, trustee, liquidator, or conservator is appointed for Service Company or to take possession of all or substantially all of Service Company's ’s property or a petition for insolvency, dissolution, liquidation, or reorganization, or order for relief in which Service Company is named as debtor, is filed by, against, or with respect to Service Company pursuant to any federal or state statute, regulation, or law for the protection of debtors, and, with respect to any such appointment or filing, Service Company fails to secure a stay or discharge thereof within 45 days after such appointment or filing; (ii) Service Company fails to comply with or perform any of its material duties or obligations under this agreementAgreement, which failure continues for 30 days after notice is given by Provider to Service Company thereof, or if because of the nature of such failure it cannot reasonably be corrected within such 30 day period, failure by Service Company to commence such correction promptly following its receipt of notice from Provider and thereafter to expeditiously and continuously prosecute the correction to completion; or (iii) A court of competent jurisdiction makes a final determination that Service Company has materially breached a fiduciary duty owed to Provider. Notwithstanding the foregoing, any termination by Provider under this section shall require the affirmative vote of three-fourths of the then- then-outstanding shares membership interests of Provider entitled to vote on such a matter.

Termination by Provider. Provider may terminate this agreement ----------------------- immediately upon notice to Service Company upon the occurrence of any of the following events: (i) A receiver, trustee, liquidator, or conservator is appointed for Service Company or to take possession of all or substantially all of Service Company's property or a petition for insolvency, dissolution, liquidation, or reorganization, or order for relief in which Service Company is named as debtor, is filed by, against, or with respect to Service Company pursuant to any federal or state statute, regulation, or law for the protection of debtors, and, with respect to any such appointment or filing, Service Company fails to secure a stay or discharge thereof within 45 days after such appointment or filing; (ii) Service Company fails to comply with or perform any of its material duties or obligations under this agreement, which failure continues for 30 days after notice is given by Provider to Service Company thereof, or if because of the nature of such failure it cannot reasonably be corrected within such 30 day period, failure by Service Company to commence such correction promptly following its receipt of notice from Provider and thereafter to expeditiously and continuously prosecute the correction to completion; or (iii) A court of competent jurisdiction makes a final determination that Service Company has materially breached a fiduciary duty owed to Provider. Notwithstanding the foregoing, any termination by Provider under this section shall require the affirmative vote of three-fourths of the then- then-outstanding shares of Provider entitled to vote on such a mattermatter and Provider shall, upon request by Service Company, provide evidence reasonably satisfactory to Service Company of such vote.

Termination by Provider. Provider may terminate this agreement ----------------------- immediately Agreement upon notice to Service Company Company, specifying as the termination date the date of that notice or any future date selected by Provider, upon the occurrence of any of the following events: (i) A receiver, trustee, liquidator, or conservator is appointed for Service Company or to take possession of all or substantially all of Service Company's ’s property or a petition for insolvency, dissolution, liquidation, or reorganization, or order for relief in which Service Company is named as debtor, is filed by, against, or with respect to Service Company pursuant to any federal or state statute, regulation, or law for the protection of debtors, and, with respect to any such appointment or filing, Service Company fails to secure a stay or discharge thereof within 45 days after such appointment or filing; (ii) Service Company fails to comply with or perform any of its material duties or obligations under this agreementAgreement, which failure continues for 30 days after notice is given by Provider to Service Company thereof, or if because of the nature of such failure it cannot reasonably be corrected within such 30 day period, failure by Service Company to commence such correction promptly following its receipt of notice from Provider and thereafter to expeditiously and continuously prosecute the correction to completion; or (iii) A court of competent jurisdiction An arbitrator or the arbitration panel, as applicable, makes a final determination that Service Company has materially breached a fiduciary duty owed to Provider. Notwithstanding the foregoing, any termination by Provider under this section shall require the affirmative vote of three-fourths of the then- then-outstanding shares or other equity securities of Provider entitled to vote on such a matter.

Termination by Provider. Provider may terminate this agreement ----------------------- immediately upon notice to Service Company upon the occurrence of any of the following events: (i) A receiver, trustee, liquidator, or conservator is appointed for Service Company or to take possession of all or substantially all of Service Company's ’s property or a petition for insolvency, dissolution, liquidation, or reorganization, or order for relief in which Service Company is named as debtor, is filed by, against, or with respect to Service Company pursuant to any federal or state statute, regulation, or law for the protection of debtors, and, with respect to any such appointment or filing, Service Company fails to secure a stay or discharge thereof within 45 days after such appointment or filing; (ii) Service Company fails to comply with or perform any of its material duties or obligations under this agreement, which failure continues for 30 days after notice is given by Provider to Service Company thereof, or if because of the nature of such failure it cannot reasonably be corrected within such 30 day period, failure by Service Company to commence such correction promptly following its receipt of notice from Provider and thereafter to expeditiously and continuously prosecute the correction to completion; or (iii) A court of competent jurisdiction makes a final determination that Service Company has materially breached a fiduciary duty owed to Provider. Notwithstanding the foregoing, any termination by Provider under this section shall require the affirmative vote of three-fourths of the then- then-outstanding shares of Provider entitled to vote on such a matter.

Termination by Provider. Provider may terminate this agreement ----------------------- Agreement immediately upon notice to Service Company upon the occurrence of any of the following events: (i) A receiver, trustee, liquidator, or conservator is appointed for Service Company or to take possession of all or substantially all of Service Company's ’s property or a petition for insolvency, dissolution, liquidation, or reorganization, or order for relief in which Service Company is named as debtor, is filed by, against, or with respect to Service Company pursuant to any federal or state statute, regulation, or law for the protection of debtors, and, with respect to any such appointment or filing, Service Company fails to secure a stay or discharge thereof within 45 days after such appointment or filing; (ii) Service Company fails to comply with or perform any of its material duties or obligations under this agreementAgreement, which failure continues for 30 days after notice is given by Provider to Service Company thereof, or if because of the nature of such failure it cannot reasonably be corrected within such 30 day period, failure by Service Company to commence such correction promptly following its receipt of notice from Provider and thereafter to expeditiously and continuously prosecute the correction to completion; or (iii) A court of competent jurisdiction makes a final determination that Service Company has materially breached a fiduciary duty owed to Provider. Notwithstanding the foregoing, any termination by Provider under this section shall require the affirmative vote of three-fourths of the then- then-outstanding shares of Provider entitled to vote on such a matter.

Termination by Provider. Provider may terminate this agreement ----------------------- immediately upon notice to Service Company upon the occurrence of any of the following events: (i) A receiver, trustee, liquidator, or conservator is appointed for Service Company or to take possession of all or substantially all of Service Company's property or a petition for insolvency, dissolution, liquidation, or reorganization, or order for relief in which Service Company is named as debtor, is filed by, against, or with respect to Service Company pursuant to any federal or state statute, regulation, or law for the protection of debtors, and, with respect to any such appointment or filing, Service Company fails to secure a stay or discharge thereof within 45 days after such appointment or filing; (ii) Service Company fails to comply with or perform any of its material duties or obligations under this agreement, which failure continues for 30 days after notice is given by Provider to Service Company thereof, or if because of the nature of such failure it cannot reasonably be corrected within such 30 day period, failure by Service Company to commence such correction promptly following its receipt of notice from Provider and thereafter to expeditiously and continuously prosecute the correction to completion; or (iii) A court of competent jurisdiction makes a final determination that Service Company has materially breached a fiduciary duty owed to Provider. Notwithstanding the foregoing, any termination by Provider under this section shall require the affirmative vote of three-fourths of the then- then-outstanding shares of Provider entitled to vote on such a matter.