Termination Upon Insolvency. This Agreement may be terminated by either party upon notice to the other should the other party: (a) become insolvent; or (b) file a petition under any bankruptcy or insolvency law or have any such petition filed against it which has not been stayed within 60 days of such filing.
Appears in 4 contracts
Samples: Research and Development Agreement (Vertex Pharmaceuticals Inc / Ma), Agreement (Ophidian Pharmaceuticals Inc), Agreement (Ophidian Pharmaceuticals Inc)
Termination Upon Insolvency. This Agreement may be terminated by either party Party upon notice to the other should the other partyParty:
(a) become insolvent; or
(b) file or consent to the filing of a petition under any bankruptcy or insolvency law or have any such petition filed against it which has not been stayed within 60 days of such filing.
Appears in 2 contracts
Samples: Research Agreement (Phytera Inc), Research Agreement (Phytera Inc)
Termination Upon Insolvency. This Agreement may be terminated by either party Party upon notice to the other Party should such other Party: (i) consent to the other party:
appointment of a receiver or a general assignment for the benefit of creditors, or (a) become insolvent; or
(bii) file or consent to the filing of a petition under any bankruptcy or insolvency law or have any such petition filed against it which has not been stayed within 60 [***] days of such filing.
Appears in 2 contracts
Samples: License Agreement (Archemix Corp.), License Agreement (Nitromed Inc)
Termination Upon Insolvency. This Agreement may be terminated by either a party hereto upon notice to the other parties should the other party:
a party (a) become insolvent; or
insolvent or (b) file a petition under any bankruptcy or insolvency law or have any such petition filed against it which has not been stayed within 60 days [ * ] of such filing.
Appears in 2 contracts
Samples: Research and Development Service Agreement (Icos Corp / De), Research and Development Service Agreement (Texas Biotechnology Corp /De/)
Termination Upon Insolvency. This Either Party may terminate this Agreement may be terminated by either party upon written notice to the other should other, as in default of this Agreement, if the other party:
(a) become party becomes insolvent; or
(b) file , makes a general assignment for the benefit of creditors, files a voluntary petition for bankruptcy, or permits the appointment of a receiver for its business or assets, or becomes subject to any proceeding under any bankruptcy or insolvency law law, whether domestic or have any such petition filed against it which foreign, or has not been stayed within 60 days of such filingwound up or liquidated its business, voluntarily or otherwise.
Appears in 2 contracts
Samples: Software License and Support Agreement, Software License and Support Agreement
Termination Upon Insolvency. This Agreement may be terminated by either party Party upon notice to the other Party should the such other party:
Party: (a) become insolvent; or
consent to the appointment of a receiver or a general assignment for the benefit of creditors, or (b) file or consent to the filing of a petition under any bankruptcy or insolvency law or have any such petition filed against it which has not been stayed within 60 sixty (60) days of such filing.
Appears in 2 contracts
Samples: Exclusive License Agreement (Prometheus Laboratories Inc), Thrombus Development Agreement (Epix Medical Inc)
Termination Upon Insolvency. This Agreement may be terminated by either party upon notice to the other should the other party:
party (a) become insolvent; or
consent to the appointment of a receiver or a general assignment for the benefit of creditors, or (b) file or consent to the filing of a petition under any bankruptcy or insolvency law or have any such petition filed against it which has not been stayed within 60 sixty (60) days of such filing.
Appears in 2 contracts
Samples: License and Collaboration Agreement (Myriad Genetics Inc), License Agreement (Myriad Genetics Inc)
Termination Upon Insolvency. This Agreement may be terminated by either a party hereto upon notice to the other parties should the other a party:
(a) become insolvent; or
(b) file a petition under any bankruptcy or insolvency law or have any such petition filed against it which has not been stayed within 60 days [ * ] of such filing.
Appears in 1 contract
Samples: Research and Development Service Agreement (Icos Corp / De)
Termination Upon Insolvency. This Agreement may be terminated immediately by either party upon notice to the other should if the other party:
: (ai) admits in writing its inability to pay its debts generally as they become insolvent; or
due, (bii) file files a petition under any bankruptcy or insolvency law or have any such has a petition filed against it in bankruptcy or any similar action under relevant bankruptcy or insolvency proceedings which has is not been stayed dismissed within 60 days of such filing.ninety
Appears in 1 contract
Samples: Promotional Rights Agreement (Emmaus Holdings, Inc.)
Termination Upon Insolvency. This Either Party may terminate this Agreement may be terminated by either party upon written notice to the other should Other, and regard the other party:
(a) become Party as in default of this Agreement, if the other Party becomes insolvent; or
(b) file , makes a general assignment for the benefit of creditors, files a voluntary petition of bankruptcy, suffers or permits the appointment of a receiver for its business or assets, or becomes subject to any proceeding under any bankruptcy or insolvency law law, whether domestic or have any such petition filed against it which foreign, or has not been stayed within 60 days of such filingwound up or liquidated its business, voluntarily or otherwise.
Appears in 1 contract
Samples: Terms of Use Agreement
Termination Upon Insolvency. This Agreement may be terminated by either party a Party hereto upon notice to the other Parties should the other party:
a Party (a) become insolvent; or
, or (b) file a petition under any bankruptcy or insolvency law or have any such petition filed against it which has not been stayed within 60 days of such filing.
Appears in 1 contract
Samples: Marketing and Sales Service Agreement (Icos Corp / De)
Termination Upon Insolvency. This Either party may terminate this Agreement may be terminated effective immediately by either party upon giving written notice to the other should party if: (i) the other party:
party becomes insolvent or admits a general inability to pay its debts as they come due, or makes an assignment for the benefit of creditors; (aii) become insolvent; or
(b) file a petition under any bankruptcy act is filed by the other party; or insolvency law (iii) such a petition is filed by any third party or have any an application for a receiver of the other party is made by anyone and such petition filed against it which has or application is not been stayed dismissed within 60 days of such filingsixty days.
Appears in 1 contract
Samples: Saas Subscription Agreement
Termination Upon Insolvency. This Either Party may terminate this Agreement may be terminated by either party in its entirety upon written notice to the other should Party upon or after the other party:
(a) become insolvent; or
(b) file a petition under any bankruptcy insolvency, bankruptcy, dissolution or insolvency law or have any such petition filed against it which has not been stayed within 60 days winding up of such filingother Party, or the making or seeking to make or arrange an assignment for the benefit of creditors of such other Party, or the initiation of proceedings in voluntary or involuntary bankruptcy, which proceeding or action remains undismissed or unstayed for a period of more than 60 days.
Appears in 1 contract
Samples: License Agreement (Inmune Bio, Inc.)
Termination Upon Insolvency. This Agreement may be terminated by either a party hereto upon notice to the other parties should the other party:
a party (a) become insolvent; or
, or (b) file a petition under any bankruptcy or insolvency law or have any such petition filed against it which has not been stayed within 60 days of such filing.
Appears in 1 contract
Samples: Marketing and Sales Service Agreement (Icos Corp / De)