Termination for Cause - Either Party. Without prejudice to any other rights it may have hereunder or at law or in equity, either party may terminate this Agreement by written notice to the other party upon the occurrence of any of the following: (a) the other party becomes insolvent, an order for relief is entered against the other party under any bankruptcy or insolvency laws or laws of similar import; (b) the other party makes an assignment for the benefit of its creditors or a receiver or custodian is appointed for it or its business is placed under attachment, garnishment or other process involving a significant portion of its business; or (c) after thirty (30) days written notice from the terminating party without cure by the breaching party of any material breach of this Agreement, including a failure to make any payment pursuant to the provisions of Section 8 of this Agreement on a timely basis.
Appears in 4 contracts
Samples: Tablets Marketing Rights Agreement, Tablets Marketing Rights Agreement (Osmotica Pharmaceuticals PLC), Tablets Marketing Rights Agreement (Osmotica Pharmaceuticals LTD)
Termination for Cause - Either Party. Without prejudice to any other rights it may have hereunder or at law or in equity, either party may terminate this Agreement immediately by written notice to the other party upon the occurrence of any of the following:
(a) the other party becomes insolvent, an order for relief is entered against the other party under any bankruptcy or insolvency laws or laws of similar import;
(b) the other party makes an assignment for the benefit of its creditors or a receiver or custodian is appointed for it or its business is placed under attachment, garnishment or other process involving a significant portion of its business; or
(c) after thirty (30) days days’ written notice from the terminating party without cure by the breaching party of any material breach of this Agreement, including a failure to make any payment pursuant to the provisions of Section 8 of this Agreement on a timely basis.
Appears in 2 contracts
Samples: Distribution Agreement (Accentia Biopharmaceuticals Inc), Distribution Agreement (Accentia Biopharmaceuticals Inc)
Termination for Cause - Either Party. Without prejudice to any other rights it may have hereunder or at law or in equity, either party may terminate this Agreement immediately by written notice to the other party upon the occurrence of any of the following:
(a) the other party becomes insolvent, an order for relief is entered against the other party under any bankruptcy or insolvency laws or laws of similar import;
(b) the other party makes an assignment for the benefit of its creditors or a receiver or custodian is appointed for it or its business is placed under attachment, garnishment or other process involving a significant portion of its business; or
(c) after thirty (30) days days’ written notice from the terminating party without cure by the breaching other party of any material breach of this Agreement, including a failure to make any payment pursuant to Agreement by the provisions of Section 8 of this Agreement on a timely basisother party not involving minimum sales or payments.
Appears in 1 contract
Samples: Distribution Agreement (Accentia Biopharmaceuticals Inc)
Termination for Cause - Either Party. Without prejudice to any other rights it may have hereunder or at law or in equity, either party may terminate this Agreement immediately by written notice to the other party upon the occurrence of any of the following:
(a) the other party becomes insolvent, an order for relief is entered against the other party under any bankruptcy or insolvency laws or laws of similar import;
(b) the other party makes an assignment for the benefit of its creditors or a receiver or custodian is appointed for it or its business is placed under attachment, garnishment or other process involving a significant portion of its business; or
(c) after thirty (30) days days’ written notice from the terminating party without cure by the breaching party of any material breach of this Agreement, including a failure to make Agreement by any payment pursuant to the provisions of Section 8 of this Agreement on a timely basisother party not involving payments.
Appears in 1 contract
Samples: Distribution Agreement (Accentia Biopharmaceuticals Inc)