Common use of Termination for Bankruptcy Clause in Contracts

Termination for Bankruptcy. Either party may terminate this Agreement effective upon written notice to the other party in the event the other party declares bankruptcy or becomes the subject of any voluntary or involuntary proceeding under the U.S. Bankruptcy Code or any state insolvency proceeding, and such proceeding is not terminated within one hundred twenty (120) days of its commencement.

Appears in 4 contracts

Samples: License and Distribution Agreement (Inamed Corp), License and Distribution Agreement (Arthrocare Corp), License and Distribution Agreement (Collagen Aesthetics Inc)

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Termination for Bankruptcy. Either party may terminate In the event either Party files for bankruptcy, this Agreement effective upon may be terminated with thirty (30) days written notice to the other party in the event the other party declares bankruptcy or becomes the subject of any voluntary or involuntary proceeding under the U.S. Bankruptcy Code or any state insolvency proceeding, and such proceeding is not terminated within one hundred twenty (120) days of its commencementParty filing for bankruptcy.

Appears in 4 contracts

Samples: Services Agreement, Services Agreement (FVA Ventures, Inc.), Unity Platform Software and Hosting (FVA Ventures, Inc.)

Termination for Bankruptcy. Either party may terminate this -------------------------- Agreement effective upon written notice to the other party in the event the other party declares bankruptcy or becomes the subject of any voluntary or involuntary proceeding under the U.S. Bankruptcy Code or any state insolvency proceeding, and such proceeding is not terminated within one hundred twenty (120) days of its commencement.

Appears in 3 contracts

Samples: Oem Agreement (Sonic Innovations Inc), Oem Agreement (Sonic Innovations Inc), Oem Agreement (Sonic Innovations Inc)

Termination for Bankruptcy. Either party may This Agreement shall terminate this Agreement effective immediately, upon written notice to the other notice, where (a) either party in the event the other party declares is declared insolvent or adjudged bankrupt by a court of competent jurisdiction; or (b) a petition for bankruptcy or becomes the subject of any voluntary reorganization or involuntary proceeding under the U.S. Bankruptcy Code an arrangement with creditors is filed by or any state insolvency proceeding, against that party and such proceeding is not terminated dismissed within one hundred twenty sixty (12060) days of its commencementdays.

Appears in 3 contracts

Samples: Commvault Software Services Master Services Agreement, Commvault Software Services Master Services Agreement, Smarsh Historical Access Agreement

Termination for Bankruptcy. Either party may terminate this Agreement effective upon by written notice given to the other party party, in the event the other party declares (i) files a petition in bankruptcy; or (ii) has a petition in bankruptcy or becomes the subject of filed against it by any voluntary or involuntary proceeding under the U.S. Bankruptcy Code or any state insolvency proceedingthird party, and such proceeding which is not terminated dismissed within one hundred twenty sixty (12060) days of its commencementdays. Termination pursuant to this Section shall take effect on the date notice by the terminating party is deemed given.

Appears in 2 contracts

Samples: Private Label Web Site and Cross Promotion Agreement (Yp Net Inc), Private Label Web Site and Cross Promotion Agreement (Yp Net Inc)

Termination for Bankruptcy. Either party may terminate this Agreement effective immediately upon written notice to the other party in the event that the other party declares makes an assignment for the benefit of creditors or has a petition in bankruptcy filed for or becomes the subject of any voluntary or involuntary proceeding under the U.S. Bankruptcy Code or any state insolvency proceeding, and such proceeding against it that is not terminated dismissed within one hundred twenty ninety (12090) days of its commencementsuch filing.

Appears in 2 contracts

Samples: License Agreement (Ligand Pharmaceuticals Inc), License Agreement (Ligand Pharmaceuticals Inc)

Termination for Bankruptcy. Either party may This Agreement will terminate this Agreement effective immediately, upon written notice to the other notice, if (a) either party in the event the other party declares is declared insolvent or adjudged bankrupt by a court of competent jurisdiction, or (b) a petition for bankruptcy or becomes the subject of any voluntary reorganization or involuntary proceeding under the U.S. Bankruptcy Code an arrangement with creditors is filed by or any state insolvency proceeding, against that party and such proceeding is not terminated dismissed within one hundred twenty (120) days of its commencement60 days.

Appears in 2 contracts

Samples: Allhands Services Agreement, Brandlive Services Agreement

Termination for Bankruptcy. Either party If a Party is declared bankrupt or insolvent by a court of competent jurisdiction, or is dissolved or liquidated due to adverse financial conditions, the other Party may terminate this Agreement effective upon at least thirty (30) days prior written notice to the other party in the event the other party declares bankruptcy or becomes the subject of any voluntary or involuntary proceeding under the U.S. Bankruptcy Code or any state insolvency proceeding, and such proceeding is not terminated within one hundred twenty (120) days of its commencementParty.

Appears in 2 contracts

Samples: Management Services Agreement (ZBB Energy Corp), Management Services Agreement (ZBB Energy Corp)

Termination for Bankruptcy. Either party may terminate this Agreement effective immediately upon written notice to the other party in the event that the other first party declares has a petition in bankruptcy filed against it that is not dismissed within 60 days of such filing, files a petition in bankruptcy or becomes makes an assignment for the subject benefit of any voluntary or involuntary proceeding under the U.S. Bankruptcy Code or any state insolvency proceeding, and such proceeding is not terminated within one hundred twenty (120) days of its commencementcreditors.

Appears in 2 contracts

Samples: Supply Agreement (Ligand Pharmaceuticals Inc), Supply Agreement (MEI Pharma, Inc.)

Termination for Bankruptcy. Either party may may, to the extent permitted by applicable law, terminate this Agreement effective immediately upon written notice to the other party in the event that the other party declares has a petition in bankruptcy or becomes the subject of any voluntary or involuntary proceeding under the U.S. Bankruptcy Code or any state insolvency proceeding, and such proceeding filed against it that is not terminated dismissed within one hundred twenty (120) 60 days of its commencementsuch filing, files a petition in bankruptcy, or makes an assignment for the benefit of creditors.

Appears in 2 contracts

Samples: License Agreement (Ligand Pharmaceuticals Inc), License Agreement (Ligand Pharmaceuticals Inc)

Termination for Bankruptcy. Either party may terminate this Agreement effective upon written notice to the other party in the event the other party declares bankruptcy or becomes the subject of any voluntary or involuntary proceeding under the U.S. Bankruptcy Code or any state insolvency proceeding, and such proceeding is not terminated within one hundred twenty (120) days of its commencement.

Appears in 1 contract

Samples: Evaluation Agreement (Kosan Biosciences Inc)

Termination for Bankruptcy. Either party Party may terminate this Agreement effective upon immediately by delivery of written notice to the other party Party in the event the other party declares Party makes an assignment for the benefit of creditors or has a petition in bankruptcy filed for or becomes the subject of any voluntary or involuntary proceeding under the U.S. Bankruptcy Code or any state insolvency proceeding, and such proceeding against it that is not terminated dismissed within one hundred twenty sixty (12060) days of its commencementsuch filing.

Appears in 1 contract

Samples: Strategic Alliance Agreement (Ciphergen Biosystems Inc)

Termination for Bankruptcy. Either party may terminate this Agreement effective -------------------------- upon written notice to the other party in the event if the other party declares bankruptcy or becomes the subject of involved in any voluntary or involuntary bankruptcy or other insolvency proceeding under (including an assignment for the U.S. Bankruptcy Code or any state insolvency proceeding, benefit of creditors) and such proceeding is not terminated dismissed within one hundred twenty sixty (12060) days of following its commencement.

Appears in 1 contract

Samples: Services Agreement (Oxis International Inc)

Termination for Bankruptcy. Either party may terminate this Agreement effective upon forty-five (45) days written notice to in the case of bankruptcy, insolvency, dissolution, or winding up of the other party in the event the other party declares bankruptcy or becomes the subject of any voluntary or involuntary proceeding under the U.S. Bankruptcy Code or any state insolvency proceeding, and such proceeding is not terminated within one hundred twenty (120) days of its commencementParty.

Appears in 1 contract

Samples: License Agreement (AccuStem Sciences LTD)

Termination for Bankruptcy. Either party may terminate this Agreement effective upon by giving written notice to the other party in the event if the other party declares becomes insolvent, makes an assignment for the benefit of creditors, or a bankruptcy petition is filed by or becomes the subject of any voluntary or involuntary proceeding under the U.S. Bankruptcy Code or any state insolvency proceeding, against it (and such proceeding is not terminated stayed within one hundred twenty (120) days of its commencement90 days).

Appears in 1 contract

Samples: Trailer Lease Agreement

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Termination for Bankruptcy. Either party may terminate this Agreement effective upon written notice to the other party in the event the other party declares bankruptcy or becomes the subject of any voluntary or involuntary proceeding under the U.S. Bankruptcy Code Code, foreign equivalent or any state insolvency proceeding, proceeding and such proceeding is not terminated within one hundred twenty (120) days [*] of its commencement.

Appears in 1 contract

Samples: Exclusive Distributor Agreement (Arthrocare Corp)

Termination for Bankruptcy. Either party This Agreement may terminate this Agreement effective upon be terminated by either party, on fifteen (15) days written notice notice, if any proceeding in bankruptcy, reorganization or arrangement for the appointment of a receiver or trustee to take possession of the other party’s assets or by similar proceeding under the law for release of creditors shall be instituted by or against the other party in the event or if the other party declares bankruptcy or becomes shall make an assignment for the subject of any voluntary or involuntary proceeding under the U.S. Bankruptcy Code or any state insolvency proceeding, and such proceeding is not terminated within one hundred twenty (120) days benefit of its commencementcreditors.

Appears in 1 contract

Samples: Supply Agreement (Nuvim Inc)

Termination for Bankruptcy. Either party may terminate this Agreement effective upon written notice to the other party in the event if the other party declares bankruptcy or becomes the subject of involved in any voluntary or involuntary bankruptcy or other insolvency proceeding under (including an assignment for the U.S. Bankruptcy Code or any state insolvency proceeding, benefit of creditors) and such proceeding is not terminated dismissed within one hundred twenty (120) 60 days of following its commencement.

Appears in 1 contract

Samples: Services Agreement (Collagen Corp /De)

Termination for Bankruptcy. Either party may terminate this Agreement effective upon written notice to the other party in the event the other party declares bankruptcy or becomes the subject of any voluntary or involuntary proceeding under the U.S. Bankruptcy Code Code, foreign equivalent or any state insolvency proceeding, proceeding and such proceeding is not terminated within one hundred twenty (120) days [*****] of its commencement.

Appears in 1 contract

Samples: Exclusive Distributor Agreement (Arthrocare Corp)

Termination for Bankruptcy. Either party may terminate this Agreement effective upon written notice to the other party in the event if the other party declares bankruptcy or becomes the subject of involved in any voluntary or involuntary bankruptcy or other insolvency proceeding under (including an assignment for the U.S. Bankruptcy Code or any state insolvency proceeding, benefit of creditors) and such proceeding is not terminated dismissed within one hundred twenty sixty (12060) days of following its commencement.

Appears in 1 contract

Samples: Services Agreement (Caprius Inc)

Termination for Bankruptcy. Either party may terminate this -------------------------- Agreement effective upon written notice to the other party in the event the other party declares bankruptcy or becomes the subject of any voluntary or involuntary proceeding under the U.S. Bankruptcy Code Code, foreign equivalent or any state insolvency proceeding, proceeding and such proceeding is not terminated within one hundred twenty ten (12010) days of its commencement.

Appears in 1 contract

Samples: Exclusive Distributor Agreement (Somnus Medical Technologies Inc)

Termination for Bankruptcy. Either party This Agreement may terminate this Agreement effective upon be terminated by either party, on fifteen (15) days written notice notice, if any proceeding in bankruptcy, reorganization or arrangement for the appointment of a receiver or trustee to take possession of the other party’s assets or similar proceeding under the law for release of creditors shall be instituted by or against the other party in the event or if the other party declares bankruptcy or becomes shall make an assignment for the subject of any voluntary or involuntary proceeding under the U.S. Bankruptcy Code or any state insolvency proceeding, and such proceeding is not terminated within one hundred twenty (120) days benefit of its commencementcreditors.

Appears in 1 contract

Samples: License Agreement (Nuvim Inc)

Termination for Bankruptcy. Either party may This Agreement will terminate this Agreement effective immediately, upon written notice to the other notice, where (a) either party in the event the other party declares is declared insolvent or adjudged bankrupt by a court of competent jurisdiction; or (b) a petition for bankruptcy or becomes the subject of any voluntary reorganization or involuntary proceeding under the U.S. Bankruptcy Code an arrangement with creditors is filed by or any state insolvency proceeding, against that party and such proceeding is not terminated dismissed within one hundred twenty (120) days of its commencement.60 days. In Process

Appears in 1 contract

Samples: T Mobile Smarsh Services

Termination for Bankruptcy. Either party may terminate this Agreement effective upon agreement immediately by providing written notice to the other party party, in the event that the other party declares bankruptcy or becomes insolvent, enters into receivership, is the subject of any a voluntary or involuntary proceeding under the U.S. Bankruptcy Code or any state insolvency bankruptcy proceeding, and such proceeding is not terminated within one hundred twenty (120) days or makes an assignment for the benefit of its commencementcreditors of the affected party.

Appears in 1 contract

Samples: Master Service Agreement

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