Termination for Insolvency or Bankruptcy. Either party may immediately ---------------------------------------- terminate this Agreement and any purchase orders by giving written notice to the other party in the event of (i) the liquidation or insolvency of the other party, (ii) the appointment of a receiver or similar officer for the other party, (iii) an assignment by the other party for the benefit of all or substantially all of its creditors, (iv) entry by the other party into an agreement for the composition, extension, or readjustment of all or substantially all of its obligations, or (v) the filing of a petition in bankruptcy by or against a party under any bankruptcy or debtors' law for its relief or reorganization which is not dismissed within ninety (90) days.
Appears in 5 contracts
Samples: Software Distribution Agreement (Netiq Corp), Distribution Agreement (Sonicwall Inc), Software Distribution Agreement (Netiq Corp)
Termination for Insolvency or Bankruptcy. Either party may immediately ---------------------------------------- terminate this Agreement and any purchase orders by giving written notice to the other party in the event of (i) the liquidation or insolvency of the other party, (ii) the appointment of a receiver or similar officer for the other party, (iii) an assignment by the other party for the benefit of all or substantially all of its creditors, (iv) entry by the other party into an agreement for the composition, extension, or readjustment of all or substantially all of its obligations, or (v) the filing of a petition in bankruptcy by or against a party under any bankruptcy or debtors' law for its relief or reorganization which is not dismissed within ninety (90) days.
Appears in 4 contracts
Samples: Software Distribution Agreement (Dragon Systems Inc), Distribution Agreement (Us Global Nanospace Inc), Software Distribution Agreement (Piranha Interactive Publishing Inc)
Termination for Insolvency or Bankruptcy. Either party may immediately ---------------------------------------- terminate this Agreement and any purchase orders by giving written notice to the other party in the event of (i) the liquidation or insolvency of the other party, (ii) the appointment of a receiver or similar officer for the other party, (iii) an assignment by the other party for the benefit of all or substantially all of its creditors, (iv) entry by the other party into an agreement for the composition, extension, or readjustment of all or substantially all of its obligations, or (v) the filing of a petition in bankruptcy by or against a party under any bankruptcy or debtors' β law for its relief or reorganization which is not dismissed within ninety (90) days.
Appears in 3 contracts
Samples: Distribution Agreement, Distribution Agreement (Aruba Networks, Inc.), Distribution Agreement (Castelle \Ca\)
Termination for Insolvency or Bankruptcy. Either party may immediately ---------------------------------------- terminate this Agreement and any purchase orders by giving written notice to the other party in the event of (i) the liquidation or insolvency of the other party, (ii) the appointment of a receiver or similar officer for the other party, (iii) an assignment by the other party for the benefit of all or substantially all of its creditors, (iv) entry by the other party into an agreement for the composition, extension, or readjustment of all or substantially all of its obligations, or (v) the filing of a petition in bankruptcy by or against a party under any bankruptcy or debtors' debtor's law for its relief or of reorganization which is not dismissed within ninety (90) days.
Appears in 2 contracts
Samples: Software Distribution Agreement (Red Hat Inc), Software Distribution Agreement (Red Hat Inc)
Termination for Insolvency or Bankruptcy. Either party may ---------------------------------------- immediately ---------------------------------------- terminate this Agreement and any purchase orders by giving written notice to the other party in the event of (i) the liquidation or insolvency of the other party, (ii) the appointment of a receiver or similar officer for the other party, (iii) an assignment by the other party for the benefit of all or substantially all of its creditors, (iv) entry by the other party into an agreement for the composition, extension, or readjustment of all or substantially all of its obligations, or (v) the filing of a petition in bankruptcy by or against a party under any bankruptcy or debtors' law for its relief or reorganization which is not dismissed within ninety (90) days.
Appears in 2 contracts
Samples: Distribution Agreement (Ramp Networks Inc), Distribution Agreement (Ramp Networks Inc)
Termination for Insolvency or Bankruptcy. Either party may immediately ---------------------------------------- terminate this Agreement and any purchase orders Purchase Order by giving written notice to the other party in the event of (i) the liquidation or insolvency of the other party, (ii) the appointment of a receiver or similar officer for the other party, (iii) an assignment by the other party for the benefit of all or substantially all of its creditors, (iv) entry by the other party into an agreement for the composition, extension, or readjustment of all or substantially all of its obligations, or (v) the filing of a meritorious petition in bankruptcy by or against a the other party under any bankruptcy or debtors' law for its relief or reorganization which is not dismissed within ninety sixty (9060) daysdays of its filing.
Appears in 1 contract
Samples: Master Software License Agreement (Serviceware Technologies Inc/ Pa)
Termination for Insolvency or Bankruptcy. Either party may immediately ---------------------------------------- ----------- ---------------------------- terminate this Agreement and any purchase orders by giving written notice to the other party in the event of (i) the liquidation or insolvency of the other party, (ii) the appointment of a receiver or similar officer for the other party, (iii) an assignment by the other party for the benefit of all or substantially all of its creditors, (iv) entry by the other party into an agreement for the composition, extension, or readjustment of all or substantially all of its obligations, or (v) the filing of a petition in bankruptcy by or against a party under any bankruptcy or debtors' law for its relief or reorganization which is not dismissed within ninety (90) days.
Appears in 1 contract
Samples: Distribution Agreement (Altigen Communications Inc)