Termination for Bankruptcy. Notwithstanding any other provisions of this Agreement, a Party may terminate this Agreement upon giving notice to the other Party, should the other Party declare bankruptcy, be declared bankrupt by a court, or enter into a procedure of winding up or dissolution that is not dismissed within ninety (90) days, or should a trustee in bankruptcy or receiver or other equivalent entity be appointed for the other Party, or any process or proceeding analogous to any of the foregoing occurs with respect to the other Party in any jurisdiction.
Appears in 3 contracts
Samples: Collaboration Agreement (Amyris, Inc.), Collaboration Agreement (Amyris, Inc.), Collaboration Agreement (Amyris, Inc.)
Termination for Bankruptcy. Notwithstanding any other provisions Subject to the terms and conditions of this Agreement, a either Party may terminate this Agreement upon giving notice to the other Party, Party should the other Party: (a) consent to the appointment of a receiver or a general assignment for the benefit of creditors of the other Party declare bankruptcy, be declared bankrupt by a court, or enter into a procedure of winding up or dissolution that is not dismissed discharged within ninety (90) days[**], or should (b) file a trustee in petition under any bankruptcy or receiver insolvency law or other equivalent entity be appointed for the other Party, or have any process or proceeding analogous to any such petition filed against it that has not been stayed within [**] of the foregoing occurs with respect to the other Party in any jurisdictionsuch filing.
Appears in 3 contracts
Samples: License Agreement (Akebia Therapeutics, Inc.), License Agreement (Akebia Therapeutics, Inc.), License Agreement (Akebia Therapeutics, Inc.)
Termination for Bankruptcy. Notwithstanding any other provisions of this Agreement, a Either Party may immediately terminate this Agreement upon giving written notice to the other Party, should Party if (i) the other Party declare bankruptcy, be is declared insolvent or bankrupt by a courtcourt of competent jurisdiction, or enter into (ii) a procedure of winding up or dissolution that is not dismissed within ninety (90) days, or should a trustee voluntary petition in bankruptcy or receiver or other equivalent entity be appointed for the other Party, or is filed in any process or proceeding analogous to any court of the foregoing occurs with respect to competent jurisdiction by the other Party in any jurisdictionor (iii) this Agreement is assigned by the other Party for the benefit of creditors.
Appears in 2 contracts
Samples: Commercial Supply Agreement, Commercial Supply Agreement (Wright Medical Group N.V.)
Termination for Bankruptcy. Notwithstanding any other provisions of this Agreement, a Either Party may terminate this Agreement upon giving by written notice to the other Party, should terminate this agreement in the event that the other Party declare bankruptcy, be declared bankrupt by becomes insolvent or has a courtreceiver or administrator appointed to the whole or any part of its assets, or enter into if an order shall be made or a procedure of winding up or dissolution that is not dismissed within ninety (90) days, or should a trustee in bankruptcy or receiver or other equivalent entity be appointed resolution passed for the other Party, or any process or proceeding analogous to any of the foregoing occurs with respect to the other Party in any jurisdictionits winding-up.
Appears in 2 contracts
Samples: Development Services Agreement (Provention Bio, Inc.), Development Services Agreement (Provention Bio, Inc.)
Termination for Bankruptcy. Notwithstanding any other provisions of this AgreementTo the extent permitted by Law, a either Party may terminate this Agreement upon giving by written notice to the other Party, should with immediate effect if the other Party declare is compelled to file bankruptcy, be declared bankrupt by or appoints or suffers appointment of a courtreceiver or trustee over all or substantially all of its property, or enter into makes a procedure of winding up or dissolution that is not dismissed within ninety (90) days, or should a trustee in bankruptcy or receiver or other equivalent entity be appointed general assignment for the other Partybenefit of creditors, in each case, where the relevant proceedings are not dismissed, discharged or any process or proceeding analogous to any of stayed within [[***]] days after the foregoing occurs with respect to the other Party in any jurisdiction.filing thereof
Appears in 2 contracts
Samples: Research, Development and License Agreement (Atara Biotherapeutics, Inc.), Research, Development and License Agreement (Atara Biotherapeutics, Inc.)
Termination for Bankruptcy. Notwithstanding any other provisions of this AgreementTo the extent permitted by applicable law, a each Party may shall have the right to immediately terminate this Agreement upon by giving written notice to the other Party, should in the other Party declare bankruptcy, be declared bankrupt by a court, or enter into a procedure of winding up or dissolution that is not dismissed within ninety (90) days, or should a trustee in bankruptcy or receiver or other equivalent entity be appointed for event the other Party, : (i) provides notice of its intent to file (or any process does actually file without providing said notice) a petition in bankruptcy; (ii) attempts to make an assignment hereof for the benefit of creditors or proceeding analogous to any of the foregoing occurs with respect to the other Party in any jurisdictionotherwise; (iii) discontinues or dissolves its business; or (iv) if a receiver is appointed for it.
Appears in 2 contracts
Samples: Non Exclusive License Agreement (Helix Biomedix Inc), Joint Marketing Agreement (Helix Biomedix Inc)
Termination for Bankruptcy. Notwithstanding any other provisions of this Agreement, a Either Party may will have the right to terminate this Agreement effective upon giving written notice to the other Party, should the other Party declare bankruptcy, be declared bankrupt by a court, or enter into a procedure of winding up or dissolution that is not dismissed within ninety (90) days, or should a trustee in bankruptcy or receiver or other equivalent entity be appointed for the other Party, or any process or proceeding analogous to any of the foregoing occurs with respect to the other Party in any jurisdictionthe event the non-notifying Party becomes insolvent or makes an assignment for the benefit of creditors, or in the event bankruptcy or insolvency proceedings are instituted against the non-notifying Party or on the non-notifying Party's behalf.
Appears in 2 contracts
Samples: License Agreement (Allergan Inc), License Agreement (Allergan Inc)
Termination for Bankruptcy. Notwithstanding any other provisions of Either Party shall have the immediate right to terminate this Agreement, a Party may terminate this Agreement upon giving by providing written notice to the other Party, should in the event that (i) the other Party declare bankruptcybecomes insolvent, be declared bankrupt by enters into receivership, is the subject of a courtvoluntary or involuntary bankruptcy proceeding, or enter into makes an assignment for the benefit of creditors; or (ii) a procedure substantial part of winding up or dissolution that is not dismissed within ninety (90) days, or should a trustee in bankruptcy or receiver or other equivalent entity be appointed for the other Party, or any process or proceeding analogous ’s property becomes subject to any of the foregoing occurs with respect to the other Party in levy, seizure, assignment or sale for or by any jurisdictioncreditor or government agency.
Appears in 2 contracts
Samples: General Terms and Conditions, General Terms and Conditions
Termination for Bankruptcy. Notwithstanding any other provisions of this Agreement, This Agreement may be terminated by a Party may terminate this Agreement upon giving notice to the other Party, should the Party if such other Party declare bankruptcy, be declared (a) is adjudicated bankrupt by a courtor insolvent, or enter into admits in writing that it is unable to pay its obligations as they become due; (b) makes a procedure of winding up or dissolution that is not dismissed within ninety (90) days, or should a trustee in bankruptcy or receiver or other equivalent entity be appointed general assignment for the other Partybenefit of creditors; (c) has had appointed to it, has applied for or any process or proceeding analogous to any of the foregoing occurs with respect has consented to the other Party appointment of, a receiver, trustee or similar officer for a substantial part of its property and such receiver, trustee or officer does not continue such Party's business in any jurisdiction.the 26/49
Appears in 1 contract
Samples: Sequence Analysis License Agreement (Visible Genetics Inc)
Termination for Bankruptcy. Notwithstanding any other provisions of this Agreement, a Either Party may terminate this Agreement -------------------------- upon giving written notice to the other Party if any of the following occurs: (a) appointment of a trustee or receiver for all or any part of the assets or property of the other Party, should ; (b) insolvency or bankruptcy of the other Party; (c) the other Party declare bankruptcy, be declared bankrupt by makes a court, general assignment for the benefit of creditors; or enter into a procedure (d) dissolution or liquidation of winding up or dissolution that is not dismissed within ninety (90) days, or should a trustee in bankruptcy or receiver or other equivalent entity be appointed for the other Party, or any process or proceeding analogous to any of the foregoing occurs with respect to the other Party in any jurisdiction.
Appears in 1 contract
Termination for Bankruptcy. Notwithstanding any other provisions of this Agreement, a Either Party may shall have the right to terminate this Agreement effective upon giving written notice to the other Party, should the other Party declare bankruptcy, be declared bankrupt by a court, or enter into a procedure of winding up or dissolution that is not dismissed within ninety (90) days, or should a trustee in bankruptcy or receiver or other equivalent entity be appointed for the other Party, or any process or proceeding analogous to any of the foregoing occurs with respect to the other Party in any jurisdictionthe event the non-notifying Party becomes insolvent or makes an assignment for the benefit of creditors, or in the event bankruptcy or insolvency proceedings are instituted against the non-notifying Party or on the non-notifying Party’s behalf.
Appears in 1 contract
Termination for Bankruptcy. Notwithstanding any other provisions Subject to the terms and conditions of this Agreement, a either Party may terminate this Agreement upon giving notice to the other Party, Party should the other Party: (a) consent to the appointment of a receiver or a general assignment for the benefit of creditors of the other Party declare bankruptcy, be declared bankrupt by a court, or enter into a procedure of winding up or dissolution that is not dismissed discharged within ninety (90) days[***], or should (b) file a trustee in petition under any bankruptcy or receiver insolvency law or other equivalent entity be appointed for the other Party, or have any process or proceeding analogous to any such petition filed against it that has not been stayed within [***] of the foregoing occurs with respect to the other Party in any jurisdictionsuch filing.
Appears in 1 contract
Termination for Bankruptcy. Notwithstanding any other provisions of this Agreement, a Either Party may terminate this Agreement upon giving written notice to the other Party if any of the following occurs: (a) appointment of a trustee or receiver for all or any part of the assets or property of the other Party, should ; (b) insolvency or bankruptcy of the other Party; (c) the other Party declare bankruptcy, be declared bankrupt by makes a court, general assignment for the benefit of creditors; or enter into a procedure (d) dissolution or liquidation of winding up or dissolution that is not dismissed within ninety (90) days, or should a trustee in bankruptcy or receiver or other equivalent entity be appointed for the other Party, or any process or proceeding analogous to any of the foregoing occurs with respect to the other Party in any jurisdiction.
Appears in 1 contract
Samples: Alliance Agreement (Asv Inc /Mn/)
Termination for Bankruptcy. Notwithstanding any other provisions of this AgreementTo the extent permitted by applicable law, a Party may each party shall have the right to immediately terminate this Agreement upon by giving written notice to the other Partyparty, should in the event the other Party declare party: (i) provides notice of its intent to file (or does actually file without providing said notice) a petition in bankruptcy, be declared bankrupt by ; (ii) attempts to make an assignment hereof for the benefit of creditors or otherwise; (iii) discontinues or dissolves its business; or (iv) if a court, or enter into a procedure of winding up or dissolution that receiver is not dismissed within ninety (90) days, or should a trustee in bankruptcy or receiver or other equivalent entity be appointed for the other Party, or any process or proceeding analogous to any of the foregoing occurs with respect to the other Party in any jurisdictionit.
Appears in 1 contract
Termination for Bankruptcy. Notwithstanding any other provisions of this AgreementTo the extent permitted by applicable law, a each Party may shall have the right to immediately terminate this Agreement upon by giving written notice to the other Party, should in the other Party declare bankruptcy, be declared bankrupt by a court, or enter into a procedure of winding up or dissolution that is not dismissed within ninety (90) days, or should a trustee in bankruptcy or receiver or other equivalent entity be appointed for event the other Party, : (i) provides notice of its intent to file (or any process does actually file without providing said notice) a petition in bankruptcy; (ii) attempts to make an assignment hereof for the benefit of creditors or proceeding analogous to any of the foregoing occurs with respect to the other Party in any jurisdiction.otherwise; (iii) discontinues or dissolves its business; or (iv) if a receiver is appointed for it. *** Confidential treatment requested
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Termination for Bankruptcy. Notwithstanding any other provisions of Either party shall have the immediate right to terminate this Agreement, a Party may terminate this Agreement upon giving by providing written notice to the other Partyparty, should in the event: (i) the other Party declare bankruptcy, be declared bankrupt by party enters into receivership or is the subject of a courtvoluntary or involuntary bankruptcy proceeding, or enter into a procedure of winding up or dissolution that is not dismissed within ninety (90) days, or should a trustee in bankruptcy or receiver or other equivalent entity be appointed makes an assignment for the benefit of creditors; or (ii) a substantial part of the other Party, or any process or proceeding analogous party's property becomes subject to any of the foregoing occurs with respect to the other Party in levy, seizure, assignment or sale for or by any jurisdictioncreditor or government agency.
Appears in 1 contract
Samples: Master Services Agreement
Termination for Bankruptcy. Notwithstanding any other provisions of this Agreement, a Party may Either party shall have the immediate right to terminate this Agreement upon giving written notice to in the event that (a) the other Partyparty becomes insolvent, should enters into receivership, is the subject of a voluntary or involuntary bankruptcy proceeding, or makes an assignment for the benefit of creditors; or (b) a substantial part of the other Party declare bankruptcy, be declared bankrupt by a court, party's property is or enter into a procedure of winding up or dissolution that is not dismissed within ninety (90) days, or should a trustee in bankruptcy or receiver or other equivalent entity be appointed for the other Party, or any process or proceeding analogous becomes subject to any of the foregoing occurs with respect to the other Party in levy, seizure, assignment or sale for or by any jurisdictioncreditor or governmental agency.
Appears in 1 contract
Samples: Efunds Corp