Common use of Termination on Insolvency and Change of Control Clause in Contracts

Termination on Insolvency and Change of Control. 43.1. The Authority may terminate the Contractor’s interest in the Framework Agreement with immediate effect by notice where in respect of the Contractor: 43.1.1. a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 or of any other composition scheme or arrangement with, or assignation for the benefit of, its creditors; 43.1.2. a shareholders’ meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation); 43.1.3. a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors’ meeting is convened pursuant to section 98 of the Insolvency Xxx 0000; 43.1.4. a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets; 43.1.5. an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given; 43.1.6. it is or becomes insolvent within the meaning of section 123 of the Insolvency Xxx 0000; 43.1.7. being a “small company” within the meaning of section 382 of the Companies Xxx 0000, a moratorium comes into force pursuant to schedule A1 to the Insolvency Xxx 0000; 43.1.8. a debt relief order is entered into; or 43.1.9. any event similar to those listed above occurs under the law of any other jurisdiction. 43.2. The Authority may terminate the Contractor’s interest in the Framework Agreement by notice with immediate effect within 6 months of: 43.2.1. being notified that a change of Control has occurred in accordance with clause 30 (Assignation and Change of Control); or 43.2.2. where no such notification has been given, the date that the Authority becomes aware of the change of control. 43.3. But the Authority may not terminate the Contractor’s interest in the Framework Agreement under clause 43.2 where approval of the change of control has been granted by notice by the Authority.

Appears in 43 contracts

Samples: Framework Agreement, Framework Agreement, Framework Agreement

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Termination on Insolvency and Change of Control. 43.1. 10.1.1 The Authority may terminate the Contractor’s interest in the Framework Agreement Contract with immediate effect by giving notice in writing where the Supplier is a company and in respect of the ContractorSupplier: 43.1.1. (a) a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 or of any other composition scheme or arrangement with, or assignation assignment for the benefit of, its creditors;; or 43.1.2. (b) a shareholders’ meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation);; or 43.1.3. (c) a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors’ meeting is convened pursuant to section 98 of the Insolvency Xxx 0000;; or 43.1.4. (d) a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets;; or 43.1.5. (e) an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given;; or 43.1.6. (f) it is or becomes insolvent within the meaning of section 123 of the Insolvency Xxx 0000;; or 43.1.7. (g) being a “small company” within the meaning of section 382 247(3) of the Companies Xxx 0000, a moratorium comes into force pursuant to schedule Schedule A1 to of the Insolvency Xxx 0000; 43.1.8. a debt relief order is entered into; or 43.1.9. (h) any event similar to those listed above in 9.1.1 (a)-(g) occurs under the law of any other jurisdiction. 43.210.1.2 The Supplier shall notify the Authority immediately if the Supplier undergoes a change of control within the meaning of section 416 of the Income and Corporation Taxes Xxx 0000 (“change of control”). The Authority may terminate the Contractor’s interest in the Framework Agreement Contract by notice in writing with immediate effect within 6 six (6) months of: 43.2.1. (a) being notified that a change of Control control has occurred in accordance with clause 30 (Assignation and Change of Control)occurred; or 43.2.2. (b) where no such notification has been givenmade, the date that the Authority becomes aware of the change of control. 43.3. But the Authority may , but shall not be permitted to terminate the Contractor’s interest in the Framework Agreement under clause 43.2 where approval of an Approval was granted prior to the change of control has been granted by notice by the Authoritycontrol.

Appears in 41 contracts

Samples: E Learning Development Contract, Cleaning Services Agreement, Service Agreement

Termination on Insolvency and Change of Control. 43.157.1. The Authority Service Provider shall notify in writing immediately, and the Purchaser may terminate the Contractor’s interest in the Framework Agreement Contract with immediate effect by notice notice, where in respect of the ContractorService Provider: 43.1.157.1.1. a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 or of any other composition scheme or arrangement with, or assignation for the benefit of, its creditors; 43.1.257.1.2. a shareholders’ meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation); 43.1.357.1.3. a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors’ meeting is convened pursuant to section 98 of the Insolvency Xxx 0000; 43.1.457.1.4. a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets; 43.1.557.1.5. an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given; 43.1.657.1.6. it is or becomes insolvent within the meaning of section 123 of the Insolvency Xxx 0000; 43.1.757.1. 7. being a “small company” within the meaning of section 382 of the Companies Xxx 0000, a moratorium comes into force pursuant to schedule A1 to the Insolvency Xxx 0000; 43.1.8. a debt relief order is entered into; or 43.1.9. any event similar to those listed above occurs under the law of any other jurisdiction. 43.2. The Authority may terminate the Contractor’s interest in the Framework Agreement by notice with immediate effect within 6 months of: 43.2.1. being notified that a change of Control has occurred in accordance with clause 30 (Assignation and Change of Control); or 43.2.2. where no such notification has been given, the date that the Authority becomes aware of the change of control. 43.3. But the Authority may not terminate the Contractor’s interest in the Framework Agreement under clause 43.2 where approval of the change of control has been granted by notice by the Authority.

Appears in 35 contracts

Samples: Framework Agreement, Framework Agreement, Framework Agreement

Termination on Insolvency and Change of Control. 43.1. The Authority may terminate the Contractor’s interest in the Framework Agreement with immediate effect by notice where in respect of the Contractor: 43.1.1. a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 Act 1986 or of any other composition scheme or arrangement with, or assignation for the benefit of, its creditors; 43.1.2. a shareholders’ meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation); 43.1.3. a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors’ meeting is convened pursuant to section 98 of the Insolvency Xxx 0000Act 1986; 43.1.4. a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets; 43.1.5. an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given; 43.1.6. it is or becomes insolvent within the meaning of section 123 of the Insolvency Xxx 0000Act 1986; 43.1.7. being a “small company” within the meaning of section 382 of the Companies Xxx 0000Act 2006, a moratorium comes into force pursuant to schedule A1 to the Insolvency Xxx 0000Act 1986; 43.1.8. a debt relief order is entered into; or 43.1.9. any event similar to those listed above occurs under the law of any other jurisdiction. 43.2. The Authority may terminate the Contractor’s interest in the Framework Agreement by notice with immediate effect within 6 months of: 43.2.1. being notified that a change of Control has occurred in accordance with clause 30 (Assignation and Change of Control); or 43.2.2. where no such notification has been given, the date that the Authority becomes aware of the change of control. 43.3. But the Authority may not terminate the Contractor’s interest in the Framework Agreement under clause 43.2 where approval of the change of control has been granted by notice by the Authority.

Appears in 14 contracts

Samples: Framework Agreement, Framework Agreement, Framework Agreement

Termination on Insolvency and Change of Control. 43.1. The Authority may terminate the Contractor’s interest in the Framework Agreement with immediate effect by notice where in respect of the Contractor: 43.1.1. a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 or of any other composition scheme or arrangement with, or assignation for the benefit of, its creditors; 43.1.2. a shareholders’ meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation); 43.1.3. a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors’ meeting is convened pursuant to section 98 of the Insolvency Xxx 0000; 43.1.4. a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets; 43.1.5. an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given; 43.1.6. it is or becomes insolvent within the meaning of section 123 of the Insolvency Xxx 0000; 43.1.7. being a “small company” within the meaning of section 382 of the Companies Xxx 0000, a moratorium comes into force pursuant to schedule A1 to the Insolvency Xxx 0000; 43.1.8. a debt relief order is entered into; or 43.1.9. any event similar to those listed above occurs under the law of any other jurisdiction. 43.2. The Authority may terminate the Contractor’s interest in the Framework Agreement by notice with immediate effect within 6 months of: 43.2.1. being notified that a change of Control has occurred in accordance with clause 30 (Assignation and Change of Control); or 43.2.2. where no such notification has been given, the date that the Authority becomes aware of the change of control. 43.3. But the Authority may not terminate the Contractor’s interest in the Framework Agreement under clause 43.2 where approval of the change of control has been granted by notice by the Authority.

Appears in 14 contracts

Samples: Framework Agreement, Framework Agreement, Framework Agreement

Termination on Insolvency and Change of Control. 43.1. 43.1 The Authority may terminate the Contractor’s interest in the Framework Agreement with immediate effect by notice where in respect of the Contractor: 43.1.1. 43.1.1 a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 or of any other composition scheme or arrangement with, or assignation for the benefit of, its creditors; 43.1.2. 43.1.2 a shareholders’ meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation); 43.1.3. 43.1.3 a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors’ meeting is convened pursuant to section 98 of the Insolvency Xxx 0000; 43.1.4. 43.1.4 a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets; 43.1.5. 42.1.5 an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given; 43.1.6. 42.1.6 it is or becomes insolvent within the meaning of section 123 of the Insolvency Xxx 0000; 43.1.7. 42.1.7 being a “small company” within the meaning of section 382 of the Companies Xxx 0000, a moratorium comes into force pursuant to schedule A1 to the Insolvency Xxx 0000; 43.1.8. 42.1.8 a debt relief order is entered into; or 43.1.9. 42.1.9 any event similar to those listed above occurs under the law of any other jurisdiction. 43.2. 43.2 The Authority may terminate the Contractor’s interest in the Framework Agreement by notice with immediate effect within 6 months of: 43.2.1. 43.2.1 being notified that a change of Control has occurred in accordance with clause 30 (Assignation and Change of Control); or 43.2.2. 43.2.2 where no such notification has been given, the date that the Authority becomes aware of the change of control. 43.3. 43.3 But the Authority may not terminate the Contractor’s interest in the Framework Agreement under clause 43.2 where approval of the change of control has been granted by notice by the Authority.

Appears in 14 contracts

Samples: Framework Agreement, Framework Agreement, Framework Agreement

Termination on Insolvency and Change of Control. 43.1. The Authority may terminate the Contractor’s interest in the this Framework Agreement with immediate effect by notice in writing where the Supplier is a company and in respect of the ContractorSupplier: 43.1.1. 27.12.1 a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 or of any other composition scheme or arrangement with, or assignation assignment for the benefit of, its creditors;; or 43.1.2. 27.12.2 a shareholders' meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation);; or 43.1.3. 27.12.3 a petition is presented for its winding up (which is not dismissed within 14 fourteen (14) days of its service) or an application is made for the appointment of a provisional liquidator or a creditors' meeting is convened pursuant to section 98 of the Insolvency Xxx 0000;; or 43.1.4. 27.12.4 a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets;; or 43.1.5. 27.12.5 an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given;; or 43.1.6. 27.12.6 it is or becomes insolvent within the meaning of section 123 of the Insolvency Xxx 0000;; or 43.1.7. 27.12.7 being a "small company" within the meaning of section 382 382(3) of the Companies Xxx 0000, a moratorium comes into force pursuant to schedule Schedule A1 to of the Insolvency Xxx 0000; 43.1.8. a debt relief order is entered into; or 43.1.9. 27.12.8 any event similar analogous to those listed above in Clauses 27.12.1 to Clause 27.12.7 (inclusive) occurs under the law of any other jurisdiction. 43.2. The Authority may terminate the Contractor’s interest in the Framework Agreement by notice with immediate effect within 6 months of: 43.2.1. being notified that a change of Control has occurred in accordance with clause 30 (Assignation and Change of Control); or 43.2.2. where no such notification has been given, the date that the Authority becomes aware of the change of control. 43.3. But the Authority may not terminate the Contractor’s interest in the Framework Agreement under clause 43.2 where approval of the change of control has been granted by notice by the Authority.

Appears in 10 contracts

Samples: Goods and Services Framework Agreement, Goods and Services Framework Agreement, Goods and Services Framework Agreement

Termination on Insolvency and Change of Control. 43.1. 43.1 The Authority may terminate the Contractor’s interest in the Framework Agreement with immediate effect by notice where in respect of the Contractor: 43.1.1. 43.1.1 a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 or of any other composition scheme or arrangement with, or assignation for the benefit of, its creditors; 43.1.2. 43.1.2 a shareholders’ meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation); 43.1.3. 43.1.3 a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors’ meeting is convened pursuant to section 98 of the Insolvency Xxx 0000; 43.1.4. 43.1.4 a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets; 43.1.5. 43.1.5 an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given; 43.1.6. 43.1.6 it is or becomes insolvent within the meaning of section 123 of the Insolvency Xxx 0000; 43.1.7. 43.1.7 being a “small company” within the meaning of section 382 of the Companies Xxx 0000, a moratorium comes into force pursuant to schedule A1 to the Insolvency Xxx 0000; 43.1.8. 43.1.8 a debt relief order is entered into; or 43.1.9. 43.1.9 any event similar to those listed above occurs under the law of any other jurisdiction. 43.2. 43.2 The Authority may terminate the Contractor’s interest in the Framework Agreement by notice with immediate effect within 6 months of: 43.2.1. 43.2.1 being notified that a change of Control has occurred in accordance with clause 30 (Assignation and Change of Control); or 43.2.2. 43.2.2 where no such notification has been given, the date that the Authority becomes aware of the change of control. 43.3. 43.3 But the Authority may not terminate the Contractor’s interest in the Framework Agreement under clause 43.2 43 where approval of the change of control has been granted by notice by the Authority.

Appears in 8 contracts

Samples: Framework Agreement, Framework Agreement, Framework Agreement

Termination on Insolvency and Change of Control. 43.1. The Framework Authority may terminate the Contractor’s 's interest in the Framework Agreement with immediate effect by notice where in respect of the Contractor: 43.1.1. a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 or of any other composition scheme or arrangement with, or assignation for the benefit of, its creditors; 43.1.2. a shareholders’ meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation); 43.1.3. a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors’ meeting is convened pursuant to section 98 of the Insolvency Xxx 0000; 43.1.4. a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets; 43.1.5. an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given; 43.1.6. it is or becomes insolvent within the meaning of section 123 of the Insolvency Xxx 0000; 43.1.7. being a “small company” within the meaning of section 382 of the Companies Xxx 0000, a moratorium comes into force pursuant to schedule A1 to the Insolvency Xxx 0000; 43.1.8. a debt relief order is entered into; or 43.1.9. any event similar to those listed above occurs under the law of any other jurisdiction. 43.2. The Framework Authority may terminate the Contractor’s 's interest in the Framework Agreement by notice with immediate effect within 6 months of: 43.2.1. being notified that a change of Control has occurred in accordance with clause 30 (Assignation and Change of ControlControl - Contractor); or 43.2.2. where no such notification has been given, the date that the Framework Authority becomes aware of the change of control. 43.3. But the Framework Authority may not terminate the Contractor’s 's interest in the Framework Agreement under clause 43.2 where approval of the change of control has been granted by notice by the Framework Authority.

Appears in 8 contracts

Samples: Framework Agreement, Framework Agreement, Framework Agreement

Termination on Insolvency and Change of Control. 43.1. The Framework Authority may terminate the Contractor’s 's interest in the Framework Agreement with immediate effect by notice where in respect of the Contractor: 43.1.1. a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 or of any other composition scheme or arrangement with, or assignation for the benefit of, its creditors; 43.1.2. a shareholders’ meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation); 43.1.3. a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors’ meeting is convened pursuant to section 98 of the Insolvency Xxx 0000; 43.1.4. a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets; 43.1.5. an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given; 43.1.6. it is or becomes insolvent within the meaning of section 123 of the Insolvency Xxx 0000; 43.1.7. being a “small company” within the meaning of section 382 of the Companies Xxx 0000, a moratorium comes into force pursuant to schedule A1 to the Insolvency Xxx 0000; 43.1.8. a debt relief order is entered into; or 43.1.9. any event similar to those listed above occurs under the law of any other jurisdiction. 43.2. The Framework Authority may terminate the Contractor’s 's interest in the Framework Agreement by notice with immediate effect within 6 months of: 43.2.1. being notified that a change of Control has occurred in accordance with clause 30 (Assignation and Change of ControlControl - Contractor); or 43.2.2. where no such notification has been given, the date that the Framework Authority becomes aware of the change of control. 43.3. But the Framework Authority may not terminate the Contractor’s 's interest in the Framework Agreement under clause 43.2 Error! Reference source not found. where approval of the change of control has been granted by notice by the Framework Authority.

Appears in 4 contracts

Samples: Framework Agreement, Framework Agreement, Framework Agreement

Termination on Insolvency and Change of Control. 43.1. 54.1 The Authority CLIENT may terminate the Contractor’s interest in the Framework Agreement Contract with immediate effect by giving notice in writing where the SERVICE PROVIDER is a company and in respect of the ContractorSERVICE PROVIDER: 43.1.1. 54.1.1 a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 Act 1986 or of any other composition scheme or arrangement with, or assignation assignment for the benefit of, its creditors;; or 43.1.2. 54.1.2 a shareholders’ meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation);; or 43.1.3. 54.1.3 a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors’ meeting is convened pursuant to section 98 of the Insolvency Xxx 0000;Act 1986; or 43.1.4. 54.1.4 a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets;; or 43.1.5. 54.1.5 an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given;; or 43.1.6. 54.1.6 it is or becomes insolvent within the meaning of section 123 of the Insolvency Xxx 0000;Act 1986; or 43.1.7. 54.1.7 being a “small company” within the meaning of section 382 247(3) of the Companies Xxx 0000Act 1985, a moratorium comes into force pursuant to schedule Schedule A1 to of the Insolvency Xxx 0000; 43.1.8. a debt relief order is entered intoAct 1986; or 43.1.9. 54.1.8 any event similar to those listed above in 9.1.1 (a)-(g) occurs under the law of any other jurisdiction. 43.254.2 The SERVICE PROVIDER shall notify the CLIENT immediately if the SERVICE PROVIDER undergoes a change of control within the meaning of section 416 of the Income and Corporation Taxes Act 1988 (“change of control”). The Authority CLIENT may terminate the Contractor’s interest in the Framework Agreement Contract by notice in writing with immediate effect within 6 six (6) months of: 43.2.1. 54.2.1 being notified that a change of Control control has occurred in accordance with clause 30 (Assignation and Change of Control)occurred; or 43.2.2. 54.2.2 where no such notification has been givenmade, the date that the Authority CLIENT becomes aware of the change of control., 43.3. But the Authority may 54.2.3 but shall not be permitted to terminate the Contractor’s interest in the Framework Agreement under clause 43.2 where approval of an Approval was granted prior to the change of control has been granted by notice by the Authoritycontrol.

Appears in 4 contracts

Samples: Contract for Provision of Recruitment Services, Contract, Contract

Termination on Insolvency and Change of Control. 43.1. 9.1.1 The Authority Customer may terminate the Contractor’s interest in the Framework Agreement Contract with immediate effect by giving notice in writing where the Service Provider is a company and in respect of the ContractorService Provider: 43.1.1. (a) a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 or of any other composition scheme or arrangement with, or assignation assignment for the benefit of, its creditors;; or 43.1.2. (b) a shareholders’ meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation);; or 43.1.3. (c) a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors’ meeting is convened pursuant to section 98 of the Insolvency Xxx 0000;; or 43.1.4. (d) a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets;; or 43.1.5. (e) an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given;; or 43.1.6. (f) it is or becomes insolvent within the meaning of section 123 of the Insolvency Xxx 0000;; or 43.1.7. (g) being a “small company” within the meaning of section 382 247(3) of the Companies Xxx 0000, a moratorium comes into force pursuant to schedule Schedule A1 to of the Insolvency Xxx 0000; 43.1.8. a debt relief order is entered into; or 43.1.9. (h) any event similar to those listed above in 9.1.1 (a)-(g) occurs under the law of any other jurisdiction. 43.29.1.2 The Service Provider shall notify the Customer immediately if the Service Provider undergoes a change of control within the meaning of section 416 of the Income and Corporation Taxes Xxx 0000 (“change of control”). The Authority Customer may terminate the Contractor’s interest in the Framework Agreement Contract by notice in writing with immediate effect within 6 six (6) months of: 43.2.1. (a) being notified that a change of Control control has occurred in accordance with clause 30 (Assignation and Change of Control)occurred; or 43.2.2. (b) where no such notification has been givenmade, the date that the Authority Customer becomes aware of the change of control. 43.3. But the Authority may , but shall not be permitted to terminate the Contractor’s interest in the Framework Agreement under clause 43.2 where approval of an Approval was granted prior to the change of control has been granted by notice by the Authoritycontrol.

Appears in 3 contracts

Samples: Bespoke Elearning Services Contract, Elearning Services Contract, Call Off Agreement

Termination on Insolvency and Change of Control. 43.1. 49.1 The Authority Council may terminate the Contractor’s interest in the Framework Agreement Contract with immediate effect by notice in writing where the Supplier is a company and in respect of the ContractorSupplier: 43.1.1. 49.1.1 a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 Act 1986 or of any other composition scheme or arrangement with, or assignation assignment for the benefit of, its creditors;; or 43.1.2. 49.1.2 a shareholders’ meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation);; or 43.1.3. 49.1.3 a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors’ meeting is convened pursuant to section 98 of the Insolvency Xxx 0000;Act 1986; or 43.1.4. 49.1.4 a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets;; or 43.1.5. 49.1.5 an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given;; or 43.1.6. 49.1.6 it is or becomes insolvent within the meaning of section 123 of the Insolvency Xxx 0000;Act 1986; or 43.1.7. 49.1.7 being a “small company” within the meaning of section 382 of the Companies Xxx 0000Act 2006, a moratorium comes into force pursuant to schedule Schedule A1 to of the Insolvency Xxx 0000; 43.1.8. a debt relief order is entered intoAct 1986; or 43.1.9. 49.1.8 any event similar to those listed above in clauses 49.1.1-49.1.7 occurs under the law of any other jurisdiction. 43.2. 49.2 The Authority Council may terminate the Contractor’s interest in the Framework Agreement Contract with immediate effect by notice in writing where the Supplier is an individual and: 49.2.1 an application for an interim order is made pursuant to sections 252-253 of the Insolvency Act 1986 or a proposal is made for any composition scheme or arrangement with, or assignment for the benefit of, the Supplier’s creditors; or 49.2.2 a petition is presented and not dismissed within 14 days or order made for the Supplier’s bankruptcy; or 49.2.3 a receiver, or similar officer is appointed over the whole or any part of the Supplier’s assets or a person becomes entitled to appoint a receiver, or similar officer over the whole or any part of his assets; or 49.2.4 the Supplier is unable to pay his debts or has no reasonable prospect of doing so, in either case within the meaning of section 268 of the Insolvency Act 1986; or 49.2.5 a creditor or encumbrancer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the Supplier’s assets and such attachment or process is not discharged within 14 days; or 49.2.6 he dies or is adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Capacity Act 2005; or 49.2.7 he suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of his business. 49.3 The Supplier shall notify the Council immediately if the Supplier undergoes a change of control within the meaning of section 416 of the Income and Corporation Taxes Act 1988 (“change of control”). The Council may terminate the Contract by notice in writing with immediate effect within 6 six months of: 43.2.1. of being notified that a change of Control control has occurred in accordance with clause 30 (Assignation and Change of Control)occurred; or 43.2.2. 49.3.1 where no such notification has been givenmade, the date that the Authority Council becomes aware of the change of control. 43.3. But the Authority may , but shall not be permitted to terminate the Contractor’s interest in the Framework Agreement under clause 43.2 where approval of an Approval was granted prior to the change of control has been granted by notice by the Authoritycontrol.

Appears in 3 contracts

Samples: Supplier Agreement, Supplier Agreement, Supplier Agreement

Termination on Insolvency and Change of Control. 43.1. 9.1.1 The Authority may terminate the Contractor’s interest in the Framework Agreement Contract with immediate effect by giving notice in writing where the Supplier is a company and in respect of the ContractorSupplier: 43.1.1. (a) a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 or of any other composition scheme or arrangement with, or assignation assignment for the benefit of, its creditors;; or 43.1.2. (b) a shareholders’ meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation);; or 43.1.3. (c) a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors’ meeting is convened pursuant to section 98 of the Insolvency Xxx 0000;; or 43.1.4. (d) a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets;; or 43.1.5. (e) an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given;; or 43.1.6. (f) it is or becomes insolvent within the meaning of section 123 of the Insolvency Xxx 0000;; or 43.1.7. (g) being a “small company” within the meaning of section 382 247(3) of the Companies Xxx 0000, a moratorium comes into force pursuant to schedule Schedule A1 to of the Insolvency Xxx 0000; 43.1.8. a debt relief order is entered into; or 43.1.9. (h) any event similar to those listed above in 9.1.1 (a)-(g) occurs under the law of any other jurisdiction. 43.29.1.2 The Supplier shall notify the Authority immediately if the Supplier undergoes a change of control within the meaning of section 416 of the Income and Corporation Taxes Xxx 0000 (“change of control”). The Authority may terminate the Contractor’s interest in the Framework Agreement Contract by notice in writing with immediate effect within 6 six (6) months of: 43.2.1. (a) being notified that a change of Control control has occurred in accordance with clause 30 (Assignation and Change of Control)occurred; or 43.2.2. (b) where no such notification has been givenmade, the date that the Authority becomes aware of the change of control. 43.3. But the Authority may , but shall not be permitted to terminate the Contractor’s interest in the Framework Agreement under clause 43.2 where approval of an Approval was granted prior to the change of control has been granted by notice by the Authoritycontrol.

Appears in 3 contracts

Samples: Contract for the Provision of Services, Contract, Contract

Termination on Insolvency and Change of Control. 43.1. 49.1 The Authority Council may terminate the Contractor’s interest in the Framework Agreement Contract with immediate effect by notice in writing where the Contractor is a company and in respect of the Contractor: 43.1.1. 49.1.1 a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 or of any other composition scheme or arrangement with, or assignation assignment for the benefit of, its creditors;; or 43.1.2. 49.1.2 a shareholders’ meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation);; or 43.1.3. 49.1.3 a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors’ meeting is convened pursuant to section 98 of the Insolvency Xxx 0000;; or 43.1.4. 49.1.4 a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets;; or 43.1.5. 49.1.5 an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given;; or 43.1.6. 49.1.6 it is or becomes insolvent within the meaning of section 123 of the Insolvency Xxx 0000;; or 43.1.7. 49.1.7 being a “small company” within the meaning of section 382 of the Companies Xxx 0000, a moratorium comes into force pursuant to schedule Schedule A1 to of the Insolvency Xxx 0000; 43.1.8. a debt relief order is entered into; or 43.1.9. 49.1.8 any event similar to those listed above in 47.1(a)-(g) occurs under the law of any other jurisdiction. 43.2. 49.2 The Authority Council may terminate the Contract with immediate effect by notice in writing where the Contractor is an individual and: 49.2.1 an application for an interim order is made pursuant to sections 252- 253 of the Insolvency Xxx 0000 or a proposal is made for any composition scheme or arrangement with, or assignment for the benefit of, the Contractor’s interest creditors; or 49.2.2 a petition is presented and not dismissed within 14 days or order made for the Contractor’s bankruptcy; or 49.2.3 a receiver, or similar officer is appointed over the whole or any part of the Contractor’s assets or a person becomes entitled to appoint a receiver, or similar officer over the whole or any part of his assets; or 49.2.4 the Contractor is unable to pay his debts or has no reasonable prospect of doing so, in either case within the Framework Agreement meaning of section 268 of the Insolvency Xxx 0000; or 49.2.5 a creditor or encumbrancer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the Contractor’s assets and such attachment or process is not discharged within 14 days; or 49.2.6 he dies or is adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Xxxxxxxx Xxx 0000; or 49.2.7 he suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of his business. 49.3 The Contractor shall notify the Council immediately if the Contractor undergoes a change of control within the meaning of section 416 of the Income and Corporation Taxes Xxx 0000 (“change of control”). The Council may terminate the Contract by notice in writing with immediate effect within 6 six months of: 43.2.1. 49.3.1 being notified that a change of Control control has occurred in accordance with clause 30 (Assignation and Change of Control)occurred; or 43.2.2. 49.3.2 where no such notification has been givenmade, the date that the Authority Council becomes aware of the change of control. 43.3. But the Authority may , but shall not be permitted to terminate the Contractor’s interest in the Framework Agreement under clause 43.2 where approval of an Approval was granted prior to the change of control has been granted by notice by the Authoritycontrol.

Appears in 2 contracts

Samples: Contract Agreement, Services Agreement

Termination on Insolvency and Change of Control. 43.1. The Authority may terminate the Contractor’s interest in the this Framework Agreement with immediate effect by notice in writing where the Service Provider is a company and in respect of the Contractor: 43.1.1. Service Provider:- a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 or of any other composition scheme or arrangement with, or assignation assignment for the benefit of, its creditors; 43.1.2. ; or a shareholders' meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation); 43.1.3. ; or a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors' meeting is convened pursuant to section 98 of the Insolvency Xxx 0000; 43.1.4. ; or a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets; 43.1.5. ; or an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given; 43.1.6. ; or it is or becomes insolvent within the meaning of section 123 of the Insolvency Xxx 0000; 43.1.7. ; or being a “small company” within the meaning of section 382 247(3) of the Companies Xxx 0000, a moratorium comes into force pursuant to schedule Schedule A1 to of the Insolvency Xxx 0000; 43.1.8. a debt relief order is entered into; or 43.1.9. or any event similar to those listed above in Clause 31.1.1 to Clause 31.1.7 occurs under the law of any other jurisdiction. 43.2. The Service Provider shall notify the Authority immediately if the Service Provider undergoes a change of control within the meaning of Section 416 of the Income and Corporation Taxes Xxx 0000 (“change of control”). The Authority may terminate the Contractor’s interest Contract by giving notice in writing to the Framework Agreement by notice Service Provider with immediate effect within 6 months of: 43.2.1. six (6) Months of:- being notified that a change of Control control has occurred in accordance with clause 30 (Assignation and Change of Control)occurred; or 43.2.2. or where no such notification has been givenmade, the date that the Authority becomes aware of the change of control. 43.3. But , if it believes, acting reasonably, that such change is likely to have an adverse effect on the Authority may performance of the Services, but it shall not be permitted to terminate the Contractor’s interest in the Framework Agreement under clause 43.2 where approval of an Approval was granted prior to the change of control has been granted by notice by the Authoritycontrol.

Appears in 2 contracts

Samples: Framework Agreement, Framework Agreement

Termination on Insolvency and Change of Control. 43.1. The Authority may terminate the Contractor’s interest in the Framework Agreement with immediate effect by notice where in respect of the Contractor: 43.1.1. a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 or of any other composition scheme or arrangement with, or assignation for the benefit of, its creditors; 43.1.2. a shareholders’ meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation); 43.1.3. a petition is presented for its winding up (which is not dismissed within 14 days day s of its service) or an application is made for the appointment of a provisional liquidator or a creditors’ meeting is convened pursuant to section 98 of the Insolvency Xxx 0000; 43.1.4. a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets; 43.1.5. an application order is made either for the appointment of an administrator administrat or or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given; 43.1.6. it is or becomes insolvent within the meaning of section 123 of the Insolvency Xxx 0000; 43.1.7. being a “small company” within the meaning of section 382 of the Companies Xxx 0000, a moratorium comes into force pursuant to schedule A1 to the Insolvency Xxx 0000; 43.1.8. a debt relief order is entered into; or 43.1.9. any event similar to those listed above occurs under the law of any other jurisdiction. 43.2. The Authority may terminate the Contractor’s interest in the Framework Agreement by notice with immediate effect within 6 months of: 43.2.1. being notified that a change of Control has occurred in accordance with clause c xxxxx 30 (Assignation and Change of Control); or 43.2.2. where no such notification has been given, the date that the Authority becomes bec omes aware of the change of control. 43.3. But the Authority may not terminate the Contractor’s interest in the Framework Agreement under clause 43.2 where approval of the change of control has been granted by notice notic e by the Authority.

Appears in 2 contracts

Samples: Framework Agreement, Framework Agreement

Termination on Insolvency and Change of Control. 43.1. 10.1.1 The Authority may terminate the Contractor’s interest in the Framework Agreement Contract with immediate effect by giving notice in writing where the Supplier is a company and in respect of the ContractorSupplier: 43.1.1. (a) a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 Act 1986 or of any other composition scheme or arrangement with, or assignation assignment for the benefit of, its creditors;; or 43.1.2. (b) a shareholders’ meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation);; or 43.1.3. (c) a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors’ meeting is convened pursuant to section 98 of the Insolvency Xxx 0000;Act 1986; or 43.1.4. (d) a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets;; or 43.1.5. (e) an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given;; or 43.1.6. (f) it is or becomes insolvent within the meaning of section 123 of the Insolvency Xxx 0000;Act 1986; or 43.1.7. (g) being a “small company” within the meaning of section 382 247(3) of the Companies Xxx 0000Act 1985, a moratorium comes into force pursuant to schedule Schedule A1 to of the Insolvency Xxx 0000; 43.1.8. a debt relief order is entered intoAct 1986; or 43.1.9. (h) any event similar to those listed above in 9.1.1 (a)-(g) occurs under the law of any other jurisdiction. 43.210.1.2 The Supplier shall notify the Authority immediately if the Supplier undergoes a change of control within the meaning of section 416 of the Income and Corporation Taxes Act 1988 (“change of control”). The Authority may terminate the Contractor’s interest in the Framework Agreement Contract by notice in writing with immediate effect within 6 six (6) months of: 43.2.1. (a) being notified that a change of Control control has occurred in accordance with clause 30 (Assignation and Change of Control)occurred; or 43.2.2. (b) where no such notification has been givenmade, the date that the Authority becomes aware of the change of control. 43.3. But the Authority may , but shall not be permitted to terminate the Contractor’s interest in the Framework Agreement under clause 43.2 where approval of an Approval was granted prior to the change of control has been granted by notice by the Authoritycontrol.

Appears in 2 contracts

Samples: Contract for Provision of Servicing and Maintenance of Av Equipment, Contract for Provision of Services

Termination on Insolvency and Change of Control. 43.1. 43.1 The Authority may terminate the Contractor’s interest in the Framework Agreement with immediate effect by notice where in respect of the Contractor: 43.1.1. 43.1.1 a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 or of any other composition scheme or arrangement with, or assignation for the benefit of, its creditors; 43.1.2. 43.1.2 a shareholders’ meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation); 43.1.3. 43.1.3 a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors’ meeting is convened pursuant to section 98 of the Insolvency Xxx 0000; 43.1.4. 43.1.4 a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets; 43.1.5. 43.1.5 an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given; 43.1.6. 43.1.6 it is or becomes insolvent within the meaning of section 123 of the Insolvency Xxx 0000; 43.1.7. 43.1.7 being a “small company” within the meaning of section 382 of the Companies Xxx 0000, a moratorium comes into force pursuant to schedule A1 to the Insolvency Xxx 0000; 43.1.8. 43.1.8 a debt relief order is entered into; or 43.1.9. 43.1.9 any event similar to those listed above occurs under the law of any other jurisdiction. 43.2. 43.2 The Authority may terminate the Contractor’s interest in the Framework Agreement by notice with immediate effect within 6 months of: 43.2.1. 43.2.1 being notified that a change of Control has occurred in accordance with clause 30 (Assignation and Change of Control); or 43.2.2. 43.2.2 where no such notification has been given, the date that the Authority becomes aware of the change of control. 43.3. 43.3 But the Authority may not terminate the Contractor’s interest in the Framework Agreement under clause 43.2 where approval of the change of control has been granted by notice by the Authority.

Appears in 2 contracts

Samples: Framework Agreement, Framework Agreement

Termination on Insolvency and Change of Control. 43.1. The Authority may terminate the «F25: Contractor’s interest in the the» Framework Agreement with immediate effect by notice where in respect of the Contractor: 43.1.1. : a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 or of any other composition scheme or arrangement with, or assignation for the benefit of, its creditors; 43.1.2. ; a shareholders’ meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation); 43.1.3. ; a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors’ meeting is convened pursuant to section 98 of the Insolvency Xxx 0000; 43.1.4. ; a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets; 43.1.5. ; an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given; 43.1.6. ; it is or becomes insolvent within the meaning of section 123 of the Insolvency Xxx 0000; 43.1.7. ; being a “small company” within the meaning of section 382 of the Companies Xxx 0000, a moratorium comes into force pursuant to schedule A1 to the Insolvency Xxx 0000; 43.1.8. ; a debt relief order is entered into; or 43.1.9. or any event similar to those listed above occurs under the law of any other jurisdiction. 43.2. The Authority may terminate the «F25: Contractor’s interest in the the» Framework Agreement by notice with immediate effect within 6 months of: 43.2.1. : being notified that a change of Control has occurred in accordance with clause 30 (Assignation and Change of Control); or 43.2.2. or where no such notification has been given, the date that the Authority becomes aware of the change of control. 43.3. But the Authority may not terminate the «F25: Contractor’s interest in the the» Framework Agreement under clause 43.2 9.2 where approval of the change of control has been granted by notice by the Authority.

Appears in 2 contracts

Samples: Framework Agreement, Framework Agreement

Termination on Insolvency and Change of Control. 43.1. 11.1.1 The Authority may terminate the Contractor’s interest in the Framework Agreement Contract with immediate effect by giving notice in writing where the Supplier is a company and in respect of the ContractorSupplier: 43.1.1. (a) a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 or of any other composition scheme or arrangement with, or assignation assignment for the benefit of, its creditors;; or 43.1.2. (b) a shareholders’ meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation);; or 43.1.3. (c) a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors’ meeting is convened pursuant to section 98 of the Insolvency Xxx 0000;; or 43.1.4. (d) a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets;; or 43.1.5. (e) an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given;; or 43.1.6. (f) it is or becomes insolvent within the meaning of section 123 of the Insolvency Xxx 0000;; or 43.1.7. (g) being a “small company” within the meaning of section 382 247(3) of the Companies Xxx 0000, a moratorium comes into force pursuant to schedule Schedule A1 to of the Insolvency Xxx 0000; 43.1.8. a debt relief order is entered into; or 43.1.9. (h) any event similar to those listed above in 9.1.1 (a)-(g) occurs under the law of any other jurisdiction. 43.211.1.2 The Supplier shall notify the Authority immediately if the Supplier undergoes a change of control within the meaning of section 416 of the Income and Corporation Taxes Xxx 0000 (“change of control”). The Authority may terminate the Contractor’s interest in the Framework Agreement Contract by notice in writing with immediate effect within 6 six (6) months of: 43.2.1. (a) being notified that a change of Control control has occurred in accordance with clause 30 (Assignation and Change of Control)occurred; or 43.2.2. (b) where no such notification has been givenmade, the date that the Authority becomes aware of the change of control. 43.3. But the Authority may , but shall not be permitted to terminate the Contractor’s interest in the Framework Agreement under clause 43.2 where approval of an Approval was granted prior to the change of control has been granted by notice by the Authoritycontrol.

Appears in 1 contract

Samples: Contract for the Provision of Services

Termination on Insolvency and Change of Control. 43.1. 8.1.1 The Authority Customer may terminate the Contractor’s interest in the Framework Agreement Contract with immediate effect by giving notice in writing where the Contractor is a company and in respect of the Contractor: 43.1.1. (a) a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 or of any other composition scheme or arrangement with, or assignation assignment for the benefit of, its creditors;; or 43.1.2. (b) a shareholders' meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation);; or 43.1.3. (c) a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors' meeting is convened pursuant to section Section 98 of the Insolvency Xxx 0000;; or 43.1.4. (d) a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets;; or 43.1.5. (e) an application order is made either for the appointment of an administrator or for an administration orderorder (which is not dismissed or withdrawn within 14 days of its being made), an administrator is appointed, or notice of intention to appoint an administrator is given;; or 43.1.6. (f) it is or becomes insolvent within the meaning of section Section 123 of the Insolvency Xxx 0000;; or 43.1.7. (g) being a "small company" within the meaning of section 382 Section 247(3) of the Companies Xxx 0000, a moratorium comes into force pursuant to schedule Schedule A1 to of the Insolvency Xxx 0000; 43.1.8. a debt relief order is entered into; or 43.1.9. (h) any event similar to those listed above in Clause 8.1.1 (a) 8.1.1(g) occurs under the law of any other jurisdiction. 43.2. 8.1.2 The Authority Customer may terminate the Contractor’s interest in the Framework Agreement Contract with immediate effect by notice in writing where the Contractor is an individual and: (a) an application for an interim order is made pursuant to Sections 252-253 of the Insolvency Xxx 0000 or a proposal is made for any composition scheme or arrangement with, or assignment for the benefit of, the Contractor's creditors; or (b) a petition is presented and not dismissed within 14 days or order made for the Contractor's bankruptcy; or (c) a receiver, or similar officer is appointed over the whole or any part of the Contractor's assets or a person becomes entitled to appoint a receiver, or similar officer over the whole or any part of his assets; or (d) the Contractor is unable to pay his debts or has no reasonable prospect of doing so, in either case within the meaning of Section 268 of the Insolvency Xxx 0000; or (e) a creditor or encumbrancer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the Contractor's assets and such attachment or process is not discharged within 14 days; or (f) he dies or is adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Xxx 0000; or (g) the Contractor suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of his business. 8.1.3 The Contractor shall notify the Customer immediately if the Contractor undergoes a change of control within the meaning of section 416 of the Income and Corporation Taxes Act 1988 ("Change of Control"). The Customer may terminate the Contract by notice in writing with immediate effect within 6 six months of: 43.2.1. (a) being notified that a change Change of Control has occurred in accordance with clause 30 (Assignation and Change of Control)occurred; or 43.2.2. (b) where no such notification has been givenmade, the date that the Authority Customer becomes aware of the change Change of controlControl; but shall not be permitted to terminate where an Approval was granted prior to the Change of Control. 43.3. But the Authority may not terminate the Contractor’s interest in the Framework Agreement under clause 43.2 where approval of the change of control has been granted by notice by the Authority.

Appears in 1 contract

Samples: Framework Agreement

Termination on Insolvency and Change of Control. 43.1. ‌ 49.1 The Authority Council may terminate the Contractor’s interest in the Framework Agreement Contract with immediate effect by notice in writing where the Contractor is a company and in respect of the Contractor: 43.1.1. 49.1.1 a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 or of any other composition scheme or arrangement with, or assignation assignment for the benefit of, its creditors;; or 43.1.2. 49.1.2 a shareholders’ meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation);; or 43.1.3. 49.1.3 a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors’ meeting is convened pursuant to section 98 of the Insolvency Xxx 0000;; or 43.1.4. 49.1.4 a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets;; or 43.1.5. 49.1.5 an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given;; or 43.1.6. 49.1.6 it is or becomes insolvent within the meaning of section 123 of the Insolvency Xxx 0000;; or 43.1.7. 49.1.7 being a “small company” within the meaning of section 382 of the Companies Xxx 0000, a moratorium comes into force pursuant to schedule Schedule A1 to of the Insolvency Xxx 0000; 43.1.8. a debt relief order is entered into; or 43.1.9. 49.1.8 any event similar to those listed above in 47.1(a)-(g) occurs under the law of any other jurisdiction. 43.2. 49.2 The Authority Council may terminate the Contract with immediate effect by notice in writing where the Contractor is an individual and: 49.2.1 an application for an interim order is made pursuant to sections 252- 253 of the Insolvency Xxx 0000 or a proposal is made for any composition scheme or arrangement with, or assignment for the benefit of, the Contractor’s interest creditors; or 49.2.2 a petition is presented and not dismissed within 14 days or order made for the Contractor’s bankruptcy; or 49.2.3 a receiver, or similar officer is appointed over the whole or any part of the Contractor’s assets or a person becomes entitled to appoint a receiver, or similar officer over the whole or any part of his assets; or 49.2.4 the Contractor is unable to pay his debts or has no reasonable prospect of doing so, in either case within the Framework Agreement meaning of section 268 of the Insolvency Xxx 0000; or 49.2.5 a creditor or encumbrancer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the Contractor’s assets and such attachment or process is not discharged within 14 days; or 49.2.6 he dies or is adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Xxxxxxxx Xxx 0000; or 49.2.7 he suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of his business. 49.3 The Contractor shall notify the Council immediately if the Contractor undergoes a change of control within the meaning of section 416 of the Income and Corporation Taxes Xxx 0000 (“change of control”). The Council may terminate the Contract by notice in writing with immediate effect within 6 six months of: 43.2.1. 49.3.1 being notified that a change of Control control has occurred in accordance with clause 30 (Assignation and Change of Control)occurred; or 43.2.2. 49.3.2 where no such notification has been givenmade, the date that the Authority Council becomes aware of the change of control. 43.3. But the Authority may , but shall not be permitted to terminate the Contractor’s interest in the Framework Agreement under clause 43.2 where approval of an Approval was granted prior to the change of control has been granted by notice by the Authoritycontrol.

Appears in 1 contract

Samples: Services Agreement

Termination on Insolvency and Change of Control. 43.1. The Authority may terminate the «F25: Contractor’s 's interest in the the» Framework Agreement with immediate effect by notice where in respect of the Contractor: 43.1.1. a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 or of any other composition scheme or arrangement with, or assignation for the benefit of, its creditors; 43.1.2. a shareholders' meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation); 43.1.3. a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors' meeting is convened pursuant to section 98 of the Insolvency Xxx 0000; 43.1.4. a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets; 43.1.5. an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given; 43.1.6. it is or becomes insolvent within the meaning of section 123 of the Insolvency Xxx 0000; 43.1.7. being a "small company" within the meaning of section 382 of the Companies Xxx 0000, a moratorium comes into force pursuant to schedule A1 to the Insolvency Xxx 0000; 43.1.8. a debt relief order is entered into; or 43.1.9. any event similar to those listed above occurs under the law of any other jurisdiction. 43.2. The Authority may terminate the «F25: Contractor’s 's interest in the the» Framework Agreement by notice with immediate effect within 6 months of: 43.2.1. being notified that a change of Control has occurred in accordance with clause 30 (Assignation and Change of Control); or 43.2.2. where no such notification has been given, the date that the Authority becomes aware of the change of controlControl. 43.3. But the Authority may not terminate the «F25: Contractor’s 's interest in the the» Framework Agreement under clause Clause 43.2 where approval of the change of control Control has been granted by notice by the Authority.

Appears in 1 contract

Samples: Framework Agreement

Termination on Insolvency and Change of Control. 43.1. 54.1 The Authority CLIENT may terminate the Contractor’s interest in the Framework Agreement Contract with immediate effect by giving notice in writing where the SERVICE PROVIDER is a company and in respect of the ContractorSERVICE PROVIDER: 43.1.1. 54.1.1 a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 or of any other composition scheme or arrangement with, or assignation assignment for the benefit of, its creditors;; or 43.1.2. 54.1.2 a shareholders’ meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation);; or 43.1.3. 54.1.3 a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors’ meeting is convened pursuant to section 98 of the Insolvency Xxx 0000;; or 43.1.4. 54.1.4 a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets;; or 43.1.5. 54.1.5 an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given;; or 43.1.6. 54.1.6 it is or becomes insolvent within the meaning of section 123 of the Insolvency Xxx 0000;; or 43.1.7. 54.1.7 being a “small company” within the meaning of section 382 247(3) of the Companies Xxx 0000, a moratorium comes into force pursuant to schedule Schedule A1 to of the Insolvency Xxx 0000; 43.1.8. a debt relief order is entered into; or 43.1.9. 54.1.8 any event similar to those listed above in 9.1.1 (a)-(g) occurs under the law of any other jurisdiction. 43.254.2 The SERVICE PROVIDER shall notify the CLIENT immediately if the SERVICE PROVIDER undergoes a change of control within the meaning of section 416 of the Income and Corporation Taxes Xxx 0000 (“change of control”). The Authority CLIENT may terminate the Contractor’s interest in the Framework Agreement Contract by notice in writing with immediate effect within 6 six (6) months of: 43.2.1. 54.2.1 being notified that a change of Control control has occurred in accordance with clause 30 (Assignation and Change of Control)occurred; or 43.2.2. 54.2.2 where no such notification has been givenmade, the date that the Authority CLIENT becomes aware of the change of control., 43.3. But the Authority may 54.2.3 but shall not be permitted to terminate the Contractor’s interest in the Framework Agreement under clause 43.2 where approval of an Approval was granted prior to the change of control has been granted by notice by the Authoritycontrol.

Appears in 1 contract

Samples: Recruitment Contract

Termination on Insolvency and Change of Control. 43.1. 43.1 The Authority may terminate the Contractor’s interest in the Framework Agreement with immediate effect by notice where in respect of the Contractor: 43.1.1. 43.1.1 a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 Act 1986 or of any other composition scheme or arrangement with, or assignation for the benefit of, its creditors; 43.1.2. 43.1.2 a shareholders’ meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation); 43.1.3. 43.1.3 a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors’ meeting is convened pursuant to section 98 of the Insolvency Xxx 0000Act 1986; 43.1.4. 43.1.4 a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets; 43.1.5. 43.1.5 an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given; 43.1.6. 43.1.6 it is or becomes insolvent within the meaning of section 123 of the Insolvency Xxx 0000Act 1986; 43.1.7. 43.1.7 being a “small company” within the meaning of section 382 of the Companies Xxx 0000Act 2006, a moratorium comes into force pursuant to schedule A1 to the Insolvency Xxx 0000Act 1986; 43.1.8. 43.1.8 a debt relief order is entered into; or 43.1.9. 43.1.9 any event similar to those listed above occurs under the law of any other jurisdiction. 43.2. 43.2 The Authority may terminate the Contractor’s interest in the Framework Agreement by notice with immediate effect within 6 months of: 43.2.1. 43.2.1 being notified that a change of Control has occurred in accordance with clause 30 (Assignation and Change of Control); or 43.2.2. 43.2.2 where no such notification has been given, the date that the Authority becomes aware of the change of control. 43.3. 43.3 But the Authority may not terminate the Contractor’s interest in the Framework Agreement under clause 43.2 0 where approval of the change of control has been granted by notice by the Authority.

Appears in 1 contract

Samples: Framework Agreement

Termination on Insolvency and Change of Control. 43.158.1. The Authority Service Provider shall notify in writing immediately, and the Purchaser may terminate the Contractor’s interest in the Framework Agreement Contract with immediate effect by notice notice, where in respect of the ContractorService Provider: 43.1.158.1.1. a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 or of any other composition scheme or arrangement with, or assignation for the benefit of, its creditors; 43.1.258.1.2. a shareholders' meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation); 43.1.358.1.3. a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors' meeting is convened pursuant to section 98 of the Insolvency Xxx 0000; 43.1.458.1.4. a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets; 43.1.558.1.5. an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given; 43.1.658.1.6. it is or becomes insolvent within the meaning of section 123 of the Insolvency Xxx 0000; 43.1.758.1.7. being a "small company" within the meaning of section 382 of the Companies Xxx 0000, a moratorium comes into force pursuant to schedule A1 to the Insolvency Xxx 0000; 43.1.858.1.8. a debt relief order is entered into; or 43.1.958.1.9. any event similar to those listed above occurs under the law of any other jurisdiction. 43.258.2. The Authority Purchaser may terminate the Contractor’s interest in the Framework Agreement Contract by notice with immediate effect within 6 months of: 43.2.158.2.1. being notified that a change of Control has occurred in accordance with clause 30 Clause 33.2 (Assignation and Change of Control); or 43.2.258.2.2. where no such notification has been given, the date that the Authority Purchaser becomes aware of the change of controlControl. 43.358.3. But the Authority Purchaser may not terminate the Contractor’s interest in the Framework Agreement Contract under clause 43.2 Clause 58.2 where approval of the change of control Control has been granted by notice by the AuthorityPurchaser. As noted above in relation to clause 33, legal advice should be taken before approving change of Control.

Appears in 1 contract

Samples: Services Contract

Termination on Insolvency and Change of Control. 43.1. 10.1.1 The Authority may terminate the Contractor’s interest in the Framework Agreement Contract with immediate effect by giving notice in writing where the Supplier is a company and in respect of the ContractorSupplier: 43.1.1. (a) a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 or of any other composition scheme or arrangement with, or assignation assignment for the benefit of, its creditors;; or 43.1.2. (b) a shareholders’ meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation);; or 43.1.3. (c) a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors’ meeting is convened pursuant to section 98 of the Insolvency Xxx 0000;; or 43.1.4. (d) a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets;; or 43.1.5. (e) an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given;; or 43.1.6. (f) it is or becomes insolvent within the meaning of section 123 of the Insolvency Xxx 0000;; or 43.1.7. (g) being a “small company” within the meaning of section 382 247(3) of the Companies Xxx 0000, a moratorium comes into force pursuant to schedule Schedule A1 to of the Insolvency Xxx 0000; 43.1.8. a debt relief order is entered into; or 43.1.9. (h) any event similar to those listed above in 9.1.1 (a)-(g) occurs under the law of any other jurisdiction. 43.210.1.2 The Supplier shall notify the Authority immediately if the Supplier undergoes a change of control within the meaning of section 416 of the Income and Corporation Taxes Xxx 0000 (“change of control”). The Authority may terminate the Contractor’s interest in the Framework Agreement Contract by notice with immediate effect within 6 months of:in 43.2.1. (a) being notified that a change of Control control has occurred in accordance with clause 30 (Assignation and Change of Control)occurred; or 43.2.2. (b) where no such notification has been givenmade, the date that the Authority becomes aware of the change of control. 43.3. But the Authority may , but shall not be permitted to terminate the Contractor’s interest in the Framework Agreement under clause 43.2 where approval of an Approval was granted prior to the change of control has been granted by notice by the Authoritycontrol.

Appears in 1 contract

Samples: Contract

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Termination on Insolvency and Change of Control. 43.111.1.1. The Authority may terminate the Contractor’s interest in the Framework Agreement Contract with immediate effect by giving notice in writing where the Supplier is a company and in respect of the ContractorSupplier: 43.1.111.1.1.1. a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 or of any other composition scheme or arrangement with, or assignation assignment for the benefit of, its creditors;; or 43.1.211.1.1.2. a shareholders’ meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation);; or 43.1.311.1.1.3. a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors’ meeting is convened pursuant to section 98 of the Insolvency Xxx 0000;; or 43.1.411.1.1.4. a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets;; or 43.1.511.1.1.5. an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given;; or 43.1.611.1.1.6. it is or becomes insolvent within the meaning of section 123 of the Insolvency Xxx 0000;; or 43.1.711.1.1.7. being a “small company” within the meaning of section 382 247(3) of the Companies Xxx 0000, a moratorium comes into force pursuant to schedule Schedule A1 to of the Insolvency Xxx 0000; 43.1.8. a debt relief order is entered into; or 43.1.911.1.1.8. any event similar to those listed above in 9.1.1 (a)-(g) occurs under the law of any other jurisdiction. 43.211.1.2. The Supplier shall notify the Authority immediately if the Supplier undergoes a change of control within the meaning of section 416 of the Income and Corporation Taxes Xxx 0000 (“change of control”). The Authority may terminate the Contractor’s interest in the Framework Agreement Contract by notice in writing with immediate effect within 6 six (6) months of: 43.2.111.1.2.1. being notified that a change of Control control has occurred in accordance with clause 30 (Assignation and Change of Control)occurred; or 43.2.211.1.2.2. where no such notification has been givenmade, the date that the Authority becomes aware of the change of control. 43.3. But the Authority may , but shall not be permitted to terminate the Contractor’s interest in the Framework Agreement under clause 43.2 where approval of an Approval was granted prior to the change of control has been granted by notice by the Authoritycontrol.

Appears in 1 contract

Samples: Contract for Creative Design Services

Termination on Insolvency and Change of Control. 43.1. D1.1 The Authority Council may terminate the Contractor’s interest in the Framework Agreement Contract with immediate effect by giving notice in writing where the Provider is a company and in respect of the ContractorProvider: 43.1.1. (a) a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 Act 1986 or of any other composition scheme or arrangement with, or assignation assignment for the benefit of, its creditors;; or 43.1.2. (b) a shareholders’ meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation);; or 43.1.3. (c) a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors’ meeting is convened pursuant to section Section 98 of the Insolvency Xxx 0000;Act 1986; or 43.1.4. (d) a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets;; or 43.1.5. (e) an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given;; or 43.1.6. (f) it is or becomes insolvent within the meaning of section Section 123 of the Insolvency Xxx 0000;Act 1986; or 43.1.7. (g) being a "small company" within the meaning of section Section 382 of the Companies Xxx 0000Act 2006 , a moratorium comes into force pursuant to schedule Schedule A1 to of the Insolvency Xxx 0000; 43.1.8. a debt relief order is entered intoAct 1986; or 43.1.9. (h) any event similar to those listed above in Clause D1.1(a) - (g) occurs under the law of any other jurisdiction. 43.2. D1.2 The Authority Council may terminate the Contractor’s interest in the Framework Agreement Contract with immediate effect by notice in writing where the Provider is an individual and: (a) an application for an interim order is made pursuant to Sections 252-253 of the Insolvency Act 1986 or a proposal is made for any composition scheme or arrangement with, or assignment for the benefit of, the Provider’s creditors; or (b) a petition is presented and not dismissed within 14 days or order made for the Provider’s bankruptcy; or (c) a receiver, or similar officer is appointed over the whole or any part of the Provider’s assets or a person becomes entitled to appoint a receiver, or similar officer over the whole or any part of his assets; or (d) the Provider is unable to pay his debts or has no reasonable prospect of doing so, in either case within the meaning of Section 268 of the Insolvency Act 1986; or (e) a creditor or encumbrancer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the Provider’s assets and such attachment or process is not discharged within 14 days; or (f) being an individual, dies or is adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983; or (g) the Provider suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of his business. D1.3 The Provider shall notify the Council immediately if the Provider undergoes a change of control as defined by section 450, 451,707 and 1124 of the Corporation Tax Act 2010 ("Change of Control"). The Council may terminate the Contract by notice in writing with immediate effect within 6 six months of: 43.2.1. (a) being notified that a change Change of Control has occurred in accordance with clause 30 (Assignation and Change of Control)occurred; or 43.2.2. (b) where no such notification has been givenmade, the date that the Authority Council becomes aware of the change Change of controlControl; but shall not be permitted to terminate where an Approval was granted prior to the Change of Control. 43.3. But the Authority may not terminate the Contractor’s interest in the Framework Agreement under clause 43.2 where approval of the change of control has been granted by notice by the Authority.

Appears in 1 contract

Samples: Services Agreement

Termination on Insolvency and Change of Control. 43.1. 8.1.1 The Authority Council may terminate the Contractor’s interest in the Framework Agreement Contract with immediate effect by giving notice in writing where the Provider is a company and in respect of the Contractor:Provider:- 43.1.1. (a) a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 or of any other composition scheme or arrangement with, or assignation assignment for the benefit of, its creditors;; or 43.1.2. (b) a shareholders' meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation);; or 43.1.3. (c) a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors' meeting is convened pursuant to section Section 98 of the Insolvency Xxx 0000;; or 43.1.4. (d) a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets;; or 43.1.5. (e) an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given;; or 43.1.6. (f) it is or becomes insolvent within the meaning of section Section 123 of the Insolvency Xxx 0000;; or 43.1.7. (g) being a "small company" within the meaning of section 382 Section 247(3) of the Companies Xxx 0000, a moratorium comes into force pursuant to schedule Schedule A1 to of the Insolvency Xxx 0000; 43.1.8. a debt relief order is entered into; or 43.1.9. (h) any event similar to those listed above in Clause 8.1.1 (a) 8.1.1(g) occurs under the law of any other jurisdiction. 43.28.1.2 The Provider shall notify the Council immediately if the Provider undergoes a change of control within the meaning of section 416 of the Income and Corporation Taxes Xxx 0000 ("Change of Control"). The Authority Council may terminate the Contractor’s interest in the Framework Agreement Contract by notice in writing with immediate effect within 6 six months of:of:- 43.2.1. (a) being notified that a change Change of Control has occurred in accordance with clause 30 (Assignation and Change of Control)occurred; or 43.2.2. (b) where no such notification has been givenmade, the date that the Authority Council becomes aware of the change Change of controlControl; but shall not be permitted to terminate where an Approval was granted prior to the Change of Control. 43.3. But the Authority may not terminate the Contractor’s interest in the Framework Agreement under clause 43.2 where approval of the change of control has been granted by notice by the Authority.

Appears in 1 contract

Samples: Management Agreement

Termination on Insolvency and Change of Control. 43.1. 43.1 The Authority may terminate the Contractor’s interest in the Framework Agreement with immediate effect by notice where in respect of the ContractorService Provider: 43.1.1. 43.1.1 a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 or of any other composition scheme or arrangement with, or assignation for the benefit of, its creditors; 43.1.2. 43.1.2 a shareholders’ meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation); 43.1.3. 43.1.3 a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors’ meeting is convened pursuant to section 98 of the Insolvency Xxx 0000; 43.1.4. 43.1.4 a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets; 43.1.5. 43.1.5 an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given; 43.1.6. 43.1.6 it is or becomes insolvent within the meaning of section 123 of the Insolvency Xxx 0000; 43.1.7. 43.1.7 being a “small company” within the meaning of section 382 of the Companies Xxx 0000, a moratorium comes into force pursuant to schedule A1 to the Insolvency Xxx 0000; 43.1.8. 43.1.8 a debt relief order is entered into; or 43.1.9. 43.1.9 any event similar to those listed above occurs under the law of any other jurisdiction. 43.2. 43.2 The Authority may terminate the Contractor’s interest in the Framework Agreement by notice with immediate effect within 6 months of: 43.2.1. 43.2.1 being notified that a change of Control has occurred in accordance with clause 30 (Assignation and Change of Control); or 43.2.2. 43.2.2 where no such notification has been given, the date that the Authority becomes aware of the change of control. 43.3. 43.3 But the Authority may not terminate the Contractor’s interest in the Framework Agreement under clause 43.2 where approval of the change of control has been granted by notice by the Authority.

Appears in 1 contract

Samples: Framework Agreement

Termination on Insolvency and Change of Control. 43.1. The Authority may terminate the Contractor’s interest in the Framework Agreement with immediate effect by notice where in respect of the ContractorSupplier: 43.1.1. a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 or of any other composition scheme or arrangement with, or assignation for the benefit of, its creditors; 43.1.2. a shareholders’ meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation); 43.1.3. a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors’ meeting is convened pursuant to section 98 of the Insolvency Xxx 0000; 43.1.4. a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets; 43.1.5. an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given; 43.1.6. it is or becomes insolvent within the meaning of section 123 of the Insolvency Insolvenc y Xxx 0000; 43.1.7. being a “small company” within the meaning of section 382 of the Companies Xxx 0000, a moratorium comes into force pursuant to schedule A1 to the Insolvency Xxx 0000; 43.1.8. a debt relief order is entered into; or 43.1.9. any event similar to those listed above occurs under the law of any other jurisdiction. 43.2. The Authority may terminate the Contractor’s interest in the Framework Agreement by notice with immediate effect within 6 months of: 43.2.1. being notified that a change of Control has occurred in accordance with clause c xxxxx 30 (Assignation and Change of Control); or 43.2.2. where no such notification has been given, the date that the Authority becomes aware of the change of control. 43.3. But the Authority may not terminate the Contractor’s interest in the Framework Agreement under clause 43.2 where approval of the change of control has been granted by notice by the Authority.

Appears in 1 contract

Samples: Framework Agreement

Termination on Insolvency and Change of Control. 43.1. 29.1.1.1 The Authority Trust may terminate the Contractor’s interest in the Framework Agreement with immediate effect by notice in writing where the Service Provider is a company and in respect of the ContractorService Provider: 43.1.1. a) a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 or of any other composition scheme or arrangement with, or assignation assignment for the benefit of, its creditors;; or 43.1.2. b) a shareholders’ meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation); 43.1.3. ; or a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors’ meeting is convened pursuant to section 98 of the Insolvency Xxx 0000; 43.1.4. ; or a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets; 43.1.5. ; or an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given; 43.1.6. ; or it is or becomes insolvent within the meaning of section 123 of the Insolvency Xxx 0000; 43.1.7. ; or being a “small company” within the meaning of section 382 247(3) of the Companies Xxx 0000, a moratorium comes into force pursuant to schedule Schedule A1 to of the Insolvency Xxx 0000; 43.1.8. a debt relief order is entered into; or 43.1.9. or any event similar to those listed above in Clause 29.1.1.1 a) to g) occurs under the law of any other jurisdiction. 43.2. 29.1.1.2 The Authority Trust may terminate the ContractorAgreement with immediate effect by notice in writing where the Service Provider is an individual and: an application for an interim order is made pursuant to sections 252-253 of the Insolvency Xxx 0000 or a proposal is made for any composition scheme or arrangement with, or assignment for the benefit of, the Service Provider’s interest creditors; or a petition is presented and not dismissed within 14 days or order made for the Service Provider’s bankruptcy; or a receiver, or similar officer is appointed over the whole or any part of the Service Provider’s assets or a person becomes entitled to appoint a receiver, or similar officer over the whole or any part of his assets; or the Service Provider is unable to pay his debts or has no reasonable prospect of doing so, in either case within the Framework meaning of section 268 of the Insolvency Xxx 0000; or a creditor or encumbrancer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the Service Provider’s assets and such attachment or process is not discharged within 14 days; or he dies or is adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Xxxxxxxx Xxx 0000; or he suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of his business. 29.1.1.3 The Service Provider shall notify the Trust immediately if the Service Provider undergoes a change of control within the meaning of section 416 of the Income and Corporation Taxes Xxx 0000 (“change of control”). The Trust may terminate the Agreement by notice in writing with immediate effect within 6 six months of: 43.2.1. a) being notified that a change of Control control has occurred in accordance with clause 30 (Assignation and Change of Control)occurred; or 43.2.2. b) where no such notification has been givenmade, the date that the Authority Trust becomes aware of the change of control. 43.3. But the Authority may , but shall not be permitted to terminate the Contractor’s interest in the Framework Agreement under clause 43.2 where approval of an Approval was granted prior to the change of control has been granted by notice by the Authoritycontrol.

Appears in 1 contract

Samples: Grant Agreement

Termination on Insolvency and Change of Control. 43.1. 22.1.1 The Authority Customer may terminate the Contractor’s interest in the Framework Agreement Contract with immediate effect by giving notice in writing to the Supplier where the Supplier is a company and in respect of the ContractorSupplier: 43.1.1. 22.1.1.1 a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 Act 1986 or of any other composition scheme or arrangement with, or assignation assignment for the benefit of, its creditors;; or 43.1.2. 22.1.1.2 a shareholders' meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation);; or 43.1.3. 22.1.1.3 a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors' meeting is convened pursuant to section Section 98 of the Insolvency Xxx 0000;Act 1986; or 43.1.4. 22.1.1.4 a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets;; or 43.1.5. 22.1.1.5 an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given;; or 43.1.6. 22.1.1.6 it is or becomes insolvent within the meaning of section Section 123 of the Insolvency Xxx 0000;Act 1986; or 43.1.7. 22.1.1.7 being a "small company" within the meaning of section 382 Section 247(3) of the Companies Xxx 0000Act 1985, a moratorium comes into force pursuant to schedule Schedule A1 to of the Insolvency Xxx 0000; 43.1.8. a debt relief order is entered intoAct 1986; or 43.1.9. 22.1.1.8 any event similar to those listed above in clause 22.1.1.1 to 22.1.1.7 occurs under the law of any other jurisdiction. 43.2. 22.1.2 The Authority Customer may terminate the Contractor’s interest in the Framework Agreement Contract with immediate effect by notice in writing where the Supplier is an individual and: 22.1.2.1 an application for an interim order is made pursuant to Sections 252-253 of the Insolvency Act 1986 or a proposal is made for any composition scheme or arrangement with, or assignment for the benefit of, the Supplier's creditors; or 22.1.2.2 a petition is presented and not dismissed within 14 days or order made for the Supplier's bankruptcy; or 22.1.2.3 a receiver, or similar officer is appointed over the whole or any part of the Supplier's assets or a person becomes entitled to appoint a receiver, or similar officer over the whole or any part of his assets; or 22.1.2.4 the Supplier is unable to pay his debts or has no reasonable prospect of doing so, in either case within the meaning of Section 268 of the Insolvency Act 1986; or 22.1.2.5 a creditor or encumbrancer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the Supplier's assets and such attachment or process is not discharged within 14 days; or 22.1.2.6 he dies or is adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983; or 22.1.2.7 the Supplier suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of his business. 22.1.3 The Supplier shall notify the Customer immediately if the Supplier undergoes a change of control within the meaning of Section 416 of the Income and Corporation Taxes Act 1988 ("Change of Control"). The Customer may terminate the Contract by notice in writing with immediate effect within 6 six months of: 43.2.1. 22.1.3.1 being notified that a change Change of Control has occurred in accordance with clause 30 (Assignation and Change of Control)occurred; or 43.2.2. 22.1.3.2 where no such notification has been givenmade, the date that the Authority Customer becomes aware of the change Change of controlControl, but shall not be permitted to terminate where an Approval was granted prior to the Change of Control. 43.3. But the Authority may not terminate the Contractor’s interest in the Framework Agreement under clause 43.2 where approval of the change of control has been granted by notice by the Authority.

Appears in 1 contract

Samples: Order Form

Termination on Insolvency and Change of Control. 43.158.1. The Authority Service Provider shall notify in writing immediately, and the Purchaser may terminate the Contractor’s interest in the Framework Agreement Contract with immediate effect by notice notice, where in respect of the ContractorService Provider: 43.1.158.1.1. a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 Act 1986 or of any other composition scheme or arrangement with, or assignation for the benefit of, its creditors; 43.1.258.1.2. a shareholders’ meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation); 43.1.358.1.3. a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors’ meeting is convened pursuant to section 98 of the Insolvency Xxx 0000Act 1986; 43.1.458.1.4. a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets; 43.1.558.1.5. an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given; 43.1.658.1.6. it is or becomes insolvent within the meaning of section 123 of the Insolvency Xxx 0000Act 1986; 43.1.758.1.7. being a “small company” within the meaning of section 382 of the Companies Xxx 0000Act 2006, a moratorium comes into force pursuant to schedule A1 to the Insolvency Xxx 0000Act 1986; 43.1.858.1.8. a debt relief order is entered into; or 43.1.958.1.9. any event similar to those listed above occurs under the law of any other jurisdiction. 43.258.2. The Authority Purchaser may terminate the Contractor’s interest in the Framework Agreement Contract by notice with immediate effect within 6 months of: 43.2.158.2.1. being notified that a change of Control has occurred in accordance with clause 30 (Assignation and Change of Control); orclause 43.2.258.2.2. where no such notification has been given, the date that the Authority Purchaser becomes aware of the change of control. 43.358.3. But the Authority Purchaser may not terminate the Contractor’s interest in the Framework Agreement Contract under clause 43.2 58.2 where approval of the change of control has been granted by notice by the AuthorityPurchaser.

Appears in 1 contract

Samples: Framework Agreement

Termination on Insolvency and Change of Control. 43.1. H.1.1 The Authority Client may terminate the Contractor’s interest in the Framework Agreement Contract with immediate effect by notice in writing where the Contractor is a company and in respect of the Contractor: 43.1.1. (a) a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 Act 1986 or of any other composition scheme or arrangement with, or assignation assignment for the benefit of, its creditors;; or 43.1.2. (b) a shareholders’ meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation);; or 43.1.3. (c) a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors’ meeting is convened pursuant to section 98 of the Insolvency Xxx 0000;Act 1986; or 43.1.4. (d) a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets;; or 43.1.5. (e) an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given;; or 43.1.6. (f) it is or becomes insolvent within the meaning of section 123 of the Insolvency Xxx 0000;Act 1986; or 43.1.7. (g) being a “small company” within the meaning of section 382 247(3) of the Companies Xxx 0000Act 1985, a moratorium comes into force pursuant to schedule Schedule A1 to of the Insolvency Xxx 0000; 43.1.8. a debt relief order is entered intoAct 1986; or 43.1.9. (h) any event similar to those listed above in H.1.1(a)-(g) occurs under the law of any other jurisdiction. 43.2. H.1.2 The Authority Client may terminate the Contract with immediate effect by notice in writing where the Contractor is an individual and: (a) an application for an interim order is made pursuant to sections 252-253 of the Insolvency Act 1986 or a proposal is made for any composition scheme or arrangement with, or assignment for the benefit of, the Contractor’s interest creditors; or (b) a petition is presented and not dismissed within 14 days or order made for the Contractor’s bankruptcy; or (c) a receiver, or similar officer is appointed over the whole or any part of the Contractor’s assets or a person becomes entitled to appoint a receiver, or similar officer over the whole or any part of his assets; or (d) the Contractor is unable to pay his debts or has no reasonable prospect of doing so, in either case within the Framework Agreement meaning of section 268 of the Insolvency Act 1986; or (e) a creditor or encumbrancer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the Contractor’s assets and such attachment or process is not discharged within 14 days; or (f) he dies or is adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Capacity Act 2005; or (g) he suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of his business. H.1.3 The Contractor shall notify the Client immediately if the Contractor undergoes a change of control within the meaning of section 416 of the Income and Corporation Taxes Act 1988 (“change of control”). The Client may terminate the Contract by notice in writing with immediate effect within 6 six months of: 43.2.1. (a) being notified that a change of Control control has occurred in accordance with clause 30 (Assignation and Change of Control)occurred; or 43.2.2. (b) where no such notification has been givenmade, the date that the Authority Client becomes aware of the change of control. 43.3. But the Authority may , but shall not be permitted to terminate the Contractor’s interest in the Framework Agreement under clause 43.2 where approval of an Approval was granted prior to the change of control has been granted by notice by the Authoritycontrol.

Appears in 1 contract

Samples: Irrigation System Maintenance Agreement

Termination on Insolvency and Change of Control. 43.1. D1.1 The Authority Council may terminate the Contractor’s interest in the Framework Agreement Contract with immediate effect by giving notice in writing where the Provider is a company and in respect of the ContractorProvider: 43.1.1. (a) a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 Act 1986 or of any other composition scheme or arrangement with, or assignation assignment for the benefit of, its creditors;; or 43.1.2. (b) a shareholders’ meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation);; or 43.1.3. (c) a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors’ meeting is convened pursuant to section Section 98 of the Insolvency Xxx 0000;Act 1986; or 43.1.4. (d) a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets;; or 43.1.5. (e) an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given;; or 43.1.6. (f) it is or becomes insolvent within the meaning of section Section 123 of the Insolvency Xxx 0000;Act 1986; or 43.1.7. (g) being a "small company" within the meaning of section Section 382 of the Companies Xxx 0000Act 2006 , a moratorium comes into force pursuant to schedule Schedule A1 to of the Insolvency Xxx 0000; 43.1.8. a debt relief order is entered intoAct 1986; or 43.1.9. (h) any event similar to those listed above in Clause D1.1(a) - (g) occurs under the law of any other jurisdiction. 43.2. D1.2 The Authority Council may terminate the Contractor’s interest in the Framework Agreement Contract with immediate effect by notice in writing where the Provider is an individual and: (a) an application for an interim order is made pursuant to Sections 252-253 of the Insolvency Act 1986 or a proposal is made for any composition scheme or arrangement with, or assignment for the benefit of, the Provider’s creditors; or (b) a petition is presented and not dismissed within 14 days or order made for the Provider’s bankruptcy; or (c) a receiver, or similar officer is appointed over the whole or any part of the Provider’s assets or a person becomes entitled to appoint a receiver, or similar officer over the whole or any part of his assets; or (d) the Provider is unable to pay his debts or has no reasonable prospect of doing so, in either case within the meaning of Section 268 of the Insolvency Act 1986; or (e) a creditor or encumbrancer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the Provider’s assets and such attachment or process is not discharged within 14 days; or (f) being an individual, dies or is adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Act 1983; or (g) the Provider suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of his business. D1.3 The Provider shall notify the Council immediately if the Provider undergoes a change of control as defined by section 450, 451,707 and 1124 of the Corporation Tax Act 2010 ("Change of Control"). The Council may terminate the Contract by notice in writing with immediate effect within 6 six months of: 43.2.1. (a) being notified that a change Change of Control has occurred in accordance with clause 30 (Assignation and Change of Control)occurred; or 43.2.2. (b) where no such notification has been givenmade, the date that the Authority Council becomes aware of the change Change of control. 43.3Control; but shall not be permitted to terminate where an Approval was granted prior to the Change of Control. But the Authority [D1.4 The Council may not terminate the Contractor’s interest Contract with immediate effect by giving notice in writing where the Framework Agreement under clause 43.2 where approval of the change of control has been granted by notice by the AuthorityService User dies or for whatever reason is admitted to hospital or to any other care facility.]

Appears in 1 contract

Samples: Services Agreement

Termination on Insolvency and Change of Control. 43.1. 10.1.1 The Authority may terminate the Contractor’s interest in the Framework Agreement Contract with immediate effect by giving notice in writing where the Contractor is a company and in respect of the Contractor: 43.1.1. (a) a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 or of any other composition scheme or arrangement with, or assignation assignment for the benefit of, its creditors;; or 43.1.2. (b) a shareholders’ meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation);; or 43.1.3. (c) a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors’ meeting is convened pursuant to section 98 of the Insolvency Xxx 0000;; or 43.1.4. (d) a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets;; or 43.1.5. (e) an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given;; or 43.1.6. (f) it is or becomes insolvent within the meaning of section 123 of the Insolvency Xxx 0000;; or 43.1.7. (g) being a “small company” within the meaning of section 382 247(3) of the Companies Xxx 0000, a moratorium comes into force pursuant to schedule Schedule A1 to of the Insolvency Xxx 0000; 43.1.8. a debt relief order is entered into; or 43.1.9. (h) any event similar to those listed above in 9.1.1 (a)-(g) occurs under the law of any other jurisdiction. 43.210.1.2 The Contractor shall notify the Authority immediately if the Contractor undergoes a change of control within the meaning of section 416 of the Income and Corporation Taxes Xxx 0000 (“change of control”). The Authority may terminate the Contractor’s interest in the Framework Agreement Contract by notice in writing with immediate effect within 6 six (6) months of: 43.2.1. (a) being notified that a change of Control control has occurred in accordance with clause 30 (Assignation and Change of Control)occurred; or 43.2.2. (b) where no such notification has been givenmade, the date that the Authority becomes aware of the change of control. 43.3. But the Authority may , but shall not be permitted to terminate the Contractor’s interest in the Framework Agreement under clause 43.2 where approval of an Approval was granted prior to the change of control has been granted by notice by the Authoritycontrol.

Appears in 1 contract

Samples: Services Agreements

Termination on Insolvency and Change of Control. 43.1. 8.1.1 The Authority Customer may terminate the Contractor’s interest in the Framework Agreement Contract with immediate effect by giving notice in writing where the Contractor is a company and in respect of the Contractor:Contractor:- 43.1.1. (a) a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 Act 1986 or of any other composition scheme or arrangement with, or assignation assignment for the benefit of, its creditors;; or 43.1.2. (b) a shareholders' meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation);; or 43.1.3. (c) a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors' meeting is convened pursuant to section Section 98 of the Insolvency Xxx 0000;Act 1986; or 43.1.4. (d) a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets;; or 43.1.5. (e) an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given;; or 43.1.6. (f) it is or becomes insolvent within the meaning of section Section 123 of the Insolvency Xxx 0000;Act 1986; or 43.1.7. (g) being a "small company" within the meaning of section 382 Section 247(3) of the Companies Xxx 0000Act 1985, a moratorium comes into force pursuant to schedule Schedule A1 to of the Insolvency Xxx 0000; 43.1.8. a debt relief order is entered intoAct 1986; or 43.1.9. (h) any event similar to those listed above in Clause 8.1.1 (a) 8.1.1(g) occurs under the law of any other jurisdiction. 43.2. 8.1.2 The Authority Customer may terminate the Contractor’s interest in the Framework Agreement by notice Contract with immediate effect within 6 months by notice in writing where the Contractor is an individual and:- (a) an application for an interim order is made pursuant to Sections 252-253 of the Insolvency Act 1986 or a proposal is made for any composition scheme or arrangement with, or assignment for the benefit of: 43.2.1. being notified that a change of Control has occurred in accordance with clause 30 (Assignation and Change of Control), the Contractor's creditors; or 43.2.2. where no such notification has been given, the date that the Authority becomes aware of the change of control. 43.3. But the Authority may (b) a petition is presented and not terminate dismissed within 14 days or order made for the Contractor’s interest in the Framework Agreement under clause 43.2 where approval of the change of control has been granted by notice by the Authority.'s bankruptcy; or

Appears in 1 contract

Samples: Invitation to Tender

Termination on Insolvency and Change of Control. 43.1. 56.1 The Authority Contractor shall notify in writing immediately, and the Purchaser may terminate the Contractor’s interest in the Framework Agreement Contract with immediate effect by notice notice, where in respect of the Contractor: 43.1.1. 56.1.1 a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 Act 1986 or of any other composition scheme or arrangement with, or assignation for the benefit of, its creditors; 43.1.2. 56.1.2 a shareholders’ meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation); 43.1.3. 56.1.3 a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors’ meeting is convened pursuant to section 98 of the Insolvency Xxx 0000Act 1986; 43.1.4. 56.1.4 a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets; 43.1.5. 56.1.5 an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given; 43.1.6. 56.1.6 it is or becomes insolvent within the meaning of section 123 of the Insolvency Xxx 0000Act 1986; 43.1.7. 56.1.7 being a “small company” within the meaning of section 382 of the Companies Xxx 0000Act 2006, a moratorium comes into force pursuant to schedule A1 to the Insolvency Xxx 0000Act 1986; 43.1.8. 56.1.8 a debt relief order is entered into; or 43.1.9. 56.1.9 any event similar to those listed above occurs under the law of any other jurisdiction. 43.2. 56.2 The Authority Purchaser may terminate the Contractor’s interest in the Framework Agreement Contract by notice with immediate effect within 6 months of: 43.2.1. 56.2.1 being notified that a change of Control has occurred in accordance with clause 30 c xxxxx 0 (Assignation and Change of Control); or 43.2.2. 56.2.2 where no such notification has been given, the date that the Authority Purchaser becomes aware of the change of control. 43.3. 56.3 But the Authority Purchaser may not terminate the Contractor’s interest in the Framework Agreement Contract under clause 43.2 57.2 where approval of the change of control has been granted by notice by the AuthorityPurchaser.

Appears in 1 contract

Samples: Framework Agreement

Termination on Insolvency and Change of Control. 43.1. 66.1 The Authority Service Provider shall notify in writing immediately, and the Employer may terminate the Contractor’s interest in the Framework Agreement Contract with immediate effect by notice notice, where in respect of the ContractorService Provider: 43.1.1. i) a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 or of any other composition scheme or arrangement with, or assignation for the benefit of, its creditors; 43.1.2. ii) a shareholders’ meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation); 43.1.3. iii) a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors’ meeting is convened pursuant to section 98 of the Insolvency Xxx 0000; 43.1.4. iv) a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets; 43.1.5. v) an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given; 43.1.6. vi) it is or becomes insolvent within the meaning of section 123 of the Insolvency Xxx 0000; 43.1.7. vii) being a small company” company within the meaning of section 382 of the Companies Xxx 0000, a moratorium comes into force pursuant to schedule A1 to the Insolvency Xxx 0000; 43.1.8. viii) a debt relief order is entered into; or 43.1.9. ix) any event similar to those listed above occurs under the law of any other jurisdiction. 43.2. 66.2 The Authority Employer may terminate the Contractor’s interest in the Framework Agreement Contract by notice with immediate effect within 6 months of: 43.2.1. of being notified that a change of Control has occurred in accordance with clause 30 36.1 (Assignation and Change of Control); or 43.2.2. or where no such notification has been given, the date that the Authority Employer becomes aware of the change of control. 43.3. 66.3 But the Authority Employer may not terminate the Contractor’s interest in the Framework Agreement Contract under clause 43.2 66.2 where approval of the change of control has been granted by notice by the AuthorityEmployer.

Appears in 1 contract

Samples: Services Contract

Termination on Insolvency and Change of Control. 43.1. 51.1 The Authority Council may terminate the Contractor’s interest in the Framework Agreement Contract with immediate effect by notice in writing where the Contractor is a company and in respect of the Contractor: 43.1.1. 51.1.1 a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 or of any other composition scheme or arrangement with, or assignation assignment for the benefit of, its creditors;; or 43.1.2. 51.1.2 a shareholders’ meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation);; or 43.1.3. 51.1.3 a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors’ meeting is convened pursuant to section 98 of the Insolvency Xxx 0000;; or 43.1.4. 51.1.4 a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets;; or 43.1.5. 51.1.5 an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given;; or 43.1.6. 51.1.6 it is or becomes insolvent within the meaning of section 123 of the Insolvency Xxx 0000;; or 43.1.7. 51.1.7 being a “small company” within the meaning of section 382 of the Companies Xxx 0000, a moratorium comes into force pursuant to schedule Schedule A1 to of the Insolvency Xxx 0000; 43.1.8. a debt relief order is entered into; or 43.1.9. 51.1.8 any event similar to those listed above in clauses 51.1.1 -51.1.7 ) occurs under the law of any other jurisdiction. 43.2. 51.2 The Authority Council may terminate the Contract with immediate effect by notice in writing where the Contractor is an individual and: 51.2.1 an application for an interim order is made pursuant to sections 252- 253 of the Insolvency Xxx 0000 or a proposal is made for any composition scheme or arrangement with, or assignment for the benefit of, the Contractor’s interest creditors; or 51.2.2 a petition is presented and not dismissed within 14 days or order made for the Contractor’s bankruptcy; or 51.2.3 a receiver, or similar officer is appointed over the whole or any part of the Contractor’s assets or a person becomes entitled to appoint a receiver, or similar officer over the whole or any part of his assets; or 51.2.4 the Contractor is unable to pay his debts or has no reasonable prospect of doing so, in either case within the Framework Agreement meaning of section 268 of the Insolvency Xxx 0000; or 51.2.5 a creditor or encumbrancer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the Contractor’s assets and such attachment or process is not discharged within 14 days; or 51.2.6 he dies or is adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Xxxxxxxx Xxx 0000; or 51.2.7 he suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of his business. 51.3 The Contractor shall notify the Council immediately if the Contractor undergoes a change of control within the meaning of section 416 of the Income and Corporation Taxes Xxx 0000 (“change of control”). The Council may terminate the Contract by notice in writing with immediate effect within 6 six months of: 43.2.1. of being notified that a change of Control control has occurred in accordance with clause 30 (Assignation and Change of Control)occurred; or 43.2.2. 51.3.1 where no such notification has been givenmade, the date that the Authority Council becomes aware of the change of control. 43.3. But the Authority may , but shall not be permitted to terminate the Contractor’s interest in the Framework Agreement under clause 43.2 where approval of an Approval was granted prior to the change of control has been granted by notice by the Authoritycontrol.

Appears in 1 contract

Samples: Young Carers Service Agreement

Termination on Insolvency and Change of Control. 43.1. 22.1.1 The Authority Customer may terminate the Contractor’s interest in the Framework Agreement Contract with immediate effect by giving notice in writing to the Supplier where the Supplier is a company and in respect of the ContractorSupplier: 43.1.1. 22.1.1.1 a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 or of any other composition scheme or arrangement with, or assignation assignment for the benefit of, its creditors;; or 43.1.2. 22.1.1.2 a shareholders' meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation);; or 43.1.3. 22.1.1.3 a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors' meeting is convened pursuant to section Section 98 of the Insolvency Xxx 0000;; or 43.1.4. 22.1.1.4 a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets;; or 43.1.5. 22.1.1.5 an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given;; or 43.1.6. 22.1.1.6 it is or becomes insolvent within the meaning of section Section 123 of the Insolvency Xxx 0000;; or 43.1.7. 22.1.1.7 being a "small company" within the meaning of section 382 Section 247(3) of the Companies Xxx 0000, a moratorium comes into force pursuant to schedule Schedule A1 to of the Insolvency Xxx 0000; 43.1.8. a debt relief order is entered into; or 43.1.9. 22.1.1.8 any event similar to those listed above in clause 22.1.1.1 to 22.1.1.7 occurs under the law of any other jurisdiction. 43.2. 22.1.2 The Authority Customer may terminate the Contractor’s interest in the Framework Agreement Contract with immediate effect by notice in writing where the Supplier is an individual and: 22.1.2.1 an application for an interim order is made pursuant to Sections 252-253 of the Insolvency Xxx 0000 or a proposal is made for any composition scheme or arrangement with, or assignment for the benefit of, the Supplier's creditors; or 22.1.2.2 a petition is presented and not dismissed within 14 days or order made for the Supplier's bankruptcy; or 22.1.2.3 a receiver, or similar officer is appointed over the whole or any part of the Supplier's assets or a person becomes entitled to appoint a receiver, or similar officer over the whole or any part of his assets; or 22.1.2.4 the Supplier is unable to pay his debts or has no reasonable prospect of doing so, in either case within the meaning of Section 268 of the Insolvency Xxx 0000; or 22.1.2.5 a creditor or encumbrancer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the Supplier's assets and such attachment or process is not discharged within 14 days; or 22.1.2.6 he dies or is adjudged incapable of managing his affairs within the meaning of Part VII of the Mental Health Xxx 0000; or 22.1.2.7 the Supplier suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of his business. 22.1.3 The Supplier shall notify the Customer immediately if the Supplier undergoes a change of control within the meaning of Section 416 of the Income and Corporation Taxes Act 1988 ("Change of Control"). The Customer may terminate the Contract by notice in writing with immediate effect within 6 six months of: 43.2.1. 22.1.3.1 being notified that a change Change of Control has occurred in accordance with clause 30 (Assignation and Change of Control)occurred; or 43.2.2. 22.1.3.2 where no such notification has been givenmade, the date that the Authority Customer becomes aware of the change Change of controlControl, but shall not be permitted to terminate where an Approval was granted prior to the Change of Control. 43.3. But the Authority may not terminate the Contractor’s interest in the Framework Agreement under clause 43.2 where approval of the change of control has been granted by notice by the Authority.

Appears in 1 contract

Samples: Works Order

Termination on Insolvency and Change of Control. 43.158.1. The Authority Service Provider shall notify in writing immediately, and the Purchaser may terminate the Contractor’s interest in the Framework Agreement Contract with immediate effect by notice notice, where in respect of the ContractorService Provider: 43.1.158.1.1. a proposal is made for a voluntary arrangement within Part I of the Insolvency Xxx 0000 or of any other composition scheme or arrangement with, or assignation for the benefit of, its creditors; 43.1.258.1.2. a shareholders’ meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation); 43.1.358.1.3. a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors’ meeting is convened pursuant to section 98 of the Insolvency Xxx 0000; 43.1.458.1.4. a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets; 43.1.558.1.5. an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given; 43.1.658.1.6. it is or becomes insolvent within the meaning of section 123 of the Insolvency Xxx 0000; 43.1.758.1.7. being a “small company” within the meaning of section 382 of the Companies Xxx 0000, a moratorium comes into force pursuant to schedule A1 to the Insolvency Xxx 0000; 43.1.858.1.8. a debt relief order is entered into; or 43.1.958.1.9. any event similar to those listed above occurs under the law of any other jurisdiction. 43.258.2. The Authority Purchaser may terminate the Contractor’s interest in the Framework Agreement Contract by notice with immediate effect within 6 months of: 43.2.158.2.1. being notified that a change of Control has occurred in accordance with clause 30 (Assignation and Change of Control); orclause 43.2.258.2.2. where no such notification has been given, the date that the Authority Purchaser becomes aware of the change of control. 43.358.3. But the Authority Purchaser may not terminate the Contractor’s interest in the Framework Agreement Contract under clause 43.2 58.2 where approval of the change of control has been granted by notice by the AuthorityPurchaser.

Appears in 1 contract

Samples: Framework Agreement

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