Common use of Termination due to Insolvency, etc of Provider Clause in Contracts

Termination due to Insolvency, etc of Provider. (a) Without prejudice to the rights of the Executive to terminate this Arrangement pursuant to Clause 33 and this Clause 35 and subject always to Clause 36, if (i) the Provider enters into any composition, assignment or arrangement with its creditors generally or if a resolution is passed, a petition is presented (save, in the case of petition, where such petition is being contested in good faith by the Provider, as the case may be, and is discharged within 90 days of the date of its presentation or where such petition is in the opinion of the Provider vexatious or frivolous in nature and is discharged within 90 days of the date of its presentation) or if an order is made for the winding up, administration or liquidation of the Provider, (save for an amalgamation or reconstruction, the terms of which shall first have been approved in writing by the Executive, acting reasonably) or if an administrator, an administrative receiver, a receiver, a liquidator, a manager, a trustee-in-bankruptcy, other similar officer (including, if applicable in any case, a process officer) is appointed over the whole or the whole or substantially the whole of the assets or undertaking of the Provider; (ii) any execution, order or other process in respect of an amount which (in the opinion of the Executive) would or could have a material impact on the Provider and/ or the provision of the Services and which is not discharged within 90 days is levied on the chattels of or the possessions of the Provider; (iii) the Provider, stops or threatens to stop payment of its debts generally or ceases to carry on substantially all of its business or admits its inability to pay its debts generally or is for the purposes of section 570 of the Companies Act, 2014 (or any statutory modification thereof or under any other analogous law under any other relevant jurisdiction) deemed to be unable to pay its debts; (iv) any cross-default of the Provider in excess of an amount which (in the opinion of the Executive) would or could have a material impact on the Provider and/or the provision of the Services under any other facilities provided by any third party to the Provider and such default has not been cured within any applicable grace period, (v) any similar events to the above occurring under any other relevant jurisdiction in which the Provider is incorporated, resident or carries on business, or (vi) the Provider (or a key member of the Provider’s Personnel) dies or becomes incapacitated or the Provider no longer has a quorate board of directors or governing body and as a consequence the continued provision of the Services by the Provider is delayed, or rendered incapable or substantially more difficult of being performed provided that either party must give notice to the other party at the earliest available opportunity if it forms the opinion that the continued provision of the Services will be delayed, rendered incapable or substantially more difficult of performance as a consequence of death or incapacity or lack of quorum. then the Executive shall be entitled to terminate this Arrangement immediately by service of written notice on the Provider (or on any alternative date determined by the Executive as is specified in such notice) without prejudice to the Executive’s rights and remedies. (b) The Provider agrees that, due to the nature of the Services and the importance of ensuring the safety and welfare of Service Users, including by uninterrupted service provision to the extent possible, it will notify the Executive as soon as practicable once it becomes aware that an event of the type referenced at Clause 35.9(a)(i)to (vi)) above is likely to occur and will consult and co-operate with the Executive with a view to minimising, as far as possible, any disruption to the Services or any impact on Service Users

Termination due to Insolvency, etc of Provider. (a) Without prejudice to the rights of the Executive to terminate this Arrangement pursuant to Clause 33 32 and this Clause 35 34 and subject always to Clause 3635, if (i) : the Provider enters into any composition, assignment or arrangement with its creditors generally or if a resolution is passed, a petition is presented (save, in the case of petition, where such petition is being contested in good faith by the Provider, as the case may be, and is discharged within 90 days of the date of its presentation or where such petition is in the opinion of the Provider vexatious or frivolous in nature and is discharged within 90 days of the date of its presentation) or if an order is made for the winding up, administration or liquidation of the Provider, (save for an amalgamation or reconstruction, the terms of which shall first have been approved in writing by the Executive, acting reasonably) or if if, an administrator, an administrative receiver, a receiver, a liquidator, a manager, a trustee-in-bankruptcy, bankruptcy or other similar officer (including, if applicable in any case, a process officer) is appointed over the whole or the whole or substantially the whole of the assets or undertaking of the Provider; (ii) ; any execution, order or other process in respect of an amount which (in the opinion of the Executive) would or could have a material impact on the Provider and/ or the provision of the Services and which is not discharged within 90 days is levied on the chattels of or the possessions of the Provider; (iii) ; the Provider, stops or threatens to stop payment of its debts generally or ceases to carry on substantially all of its business or admits its inability to pay its debts generally or is for the purposes of section 570 214 of the Companies Act, 2014 1963 (or any statutory modification thereof or under any other analogous law under any other relevant jurisdiction) deemed to be unable to pay its debts; (iv) ; any cross-default of the Provider in excess of an amount which (in the opinion of the Executive) would or could have a material impact on the Provider and/or the provision of the Services under any other facilities provided by any third party to the Provider and such default has not been cured within any applicable grace period, (v) , any similar events to the above occurring under any other relevant jurisdiction in which the Provider is incorporated, resident or carries on business, or (vi) or the Provider (or a key member of the Provider’s Personnel) dies or becomes incapacitated or the Provider no longer has a quorate board of directors or governing body and as a consequence the continued provision of the Services by the Provider is delayed, or rendered incapable or substantially more difficult of being performed provided that either party must give notice to the other party at the earliest available opportunity if it forms the opinion that the continued provision of the Services will be delayed, rendered incapable or substantially more difficult of performance as a consequence of death or incapacity or lack of quorum. incapacity, then the Executive shall be entitled to terminate this Arrangement immediately by service of written notice on the Provider (or on any alternative date determined by the Executive as is specified in such notice) shall terminate immediately, without prejudice to the Executive’s rights and remedies. (b) . The Provider agrees thatExecutive may, due by notice in writing to the nature Provider, withdraw any notice of the Services termination issued pursuant to this Arrangement and the importance Executive may, at its discretion, replace such notice of ensuring the safety and welfare of Service Users, including by uninterrupted service provision to the extent possible, it will notify the Executive as soon as practicable once it becomes aware that an event of the type referenced at Clause 35.9(a)(i)to (vi)) above is likely to occur and will consult and co-operate with the Executive termination with a view to minimisingnew notice of termination served in accordance with this Arrangement, as far as possible, any disruption to the Services or any impact on Service Userswhich shall supersede all previous notices of termination.

Termination due to Insolvency, etc of Provider. (a) Without prejudice to the rights of the Executive to terminate this Arrangement pursuant to Clause 33 12.3 and this Clause 35 30, and subject always to Clause 36, 31 if (i) : the Provider enters into any composition, assignment or arrangement with its creditors generally or if a resolution is passed, a petition is presented (save, in the case of petition, where such petition is being contested in good faith by the Provider, as the case may be, and is discharged within 90 days of the date of its presentation or where such petition is in the opinion of the Provider vexatious or frivolous in nature and is discharged within 90 days of the date of its presentation) or if an order is made for the winding up, administration or liquidation of the Provider, (save for an amalgamation or reconstruction, the terms of which shall first have been approved in writing by the Executive, acting reasonably) or if if, an administrator, an administrative receiver, a receiver, a liquidator, a manager, a trustee-in-bankruptcy, bankruptcy or other similar officer (including, if applicable in any case, a process officer) is appointed over the whole or the whole or substantially the whole of the assets or undertaking of the Provider; (ii) ; any execution, order or other process in respect of an amount which (in the opinion of the Executive) would or could have a material impact on the Provider and/ or the provision of the Services and which is not discharged within 90 days is levied on the chattels of or the possessions of the Provider; (iii) ; the Provider, stops or threatens to stop payment of its debts generally or ceases to carry on substantially all of its business or admits its inability to pay its debts generally or is for the purposes of section Section 570 of the Companies Act, 2014 (or any statutory modification thereof or under any other analogous law under any other relevant jurisdiction) deemed to be unable to pay its debts; (iv) ; any cross-default of the Provider in excess of an amount which (in the opinion of the Executive) would or could have a material impact on the Provider and/or and/ or the provision of the Services under any other facilities provided by any third party to the Provider and such default has not been cured within any applicable grace period, (v) ; any similar events to the above occurring under any other relevant jurisdiction in which the Provider is incorporated, resident or carries on business, or (vi) ; or the Provider (or a key member of the Provider’s Personnel) dies or becomes incapacitated or the Provider no longer has a quorate board of directors or governing body and as a consequence the continued provision of the Services by the Provider is delayed, or rendered incapable or substantially more difficult of being performed provided that either party must give notice to the other party at the earliest available opportunity if it forms the opinion that the continued provision of the Services will be delayed, rendered incapable or substantially more difficult of performance as a consequence of death or incapacity or lack of quorum. incapacity, then the Executive shall be entitled to terminate this Arrangement immediately by service of written notice on the Provider (or on any alternative date determined by the Executive as is specified in such notice) shall terminate immediately, without prejudice to the Executive’s rights and remedies. (b) . The Provider agrees thatExecutive may, due by notice in writing to the nature Provider, withdraw any notice of the Services termination issued pursuant to this Arrangement and the importance Executive may, at its discretion, replace such notice of ensuring the safety and welfare of Service Users, including by uninterrupted service provision to the extent possible, it will notify the Executive as soon as practicable once it becomes aware that an event of the type referenced at Clause 35.9(a)(i)to (vi)) above is likely to occur and will consult and co-operate with the Executive termination with a view to minimisingnew notice of termination served in accordance with this Arrangement, as far as possible, any disruption to the Services or any impact on Service Userswhich shall supersede all previous notices of termination.

Termination due to Insolvency, etc of Provider. (a) Without prejudice to the rights of the Executive to terminate this Arrangement pursuant to Clause 33 and this Clause 35 and subject always to Clause 36, if: (i) the Provider enters into any composition, assignment or arrangement with its creditors generally or if a resolution is passed, a petition is presented (save, in the case of petition, where such petition is being contested in good faith by the Provider, as the case may be, and is discharged within 90 days of the date of its presentation or where such petition is in the opinion of the Provider vexatious or frivolous in nature and is discharged within 90 days of the date of its presentation) or if an order is made for the winding up, administration or liquidation of the Provider, (save for an amalgamation or reconstruction, the terms of which shall first have been approved in writing by the Executive, acting reasonably) or if an administrator, an administrative receiver, a receiver, a liquidator, a manager, a trustee-in-bankruptcy, or other similar officer (including, if applicable in any case, a process officeradvisor) is appointed over the whole or the whole or substantially the whole of the assets or undertaking of the Provider; (ii) any execution, order or other process in respect of an amount which (in the opinion of the Executive) would or could have a material impact on the Provider and/ or the provision of the Services and which is not discharged within 90 days is levied on the chattels of or the possessions of the Provider; (iii) the Provider, stops or threatens to stop payment of its debts generally or ceases to carry on substantially all of its business or admits its inability to pay its debts generally or is for the purposes of section 570 of the Companies Act, 2014 (or any statutory modification thereof or under any other analogous law under any other relevant jurisdiction) deemed to be unable to pay its debts; (iv) any cross-default of the Provider in excess of an amount which (in the opinion of the Executive) would or could have a material impact on the Provider and/or the provision of the Services under any other facilities provided by any third party to the Provider and such default has not been cured within any applicable grace period, (v) any similar events to the above occurring under any other relevant jurisdiction in which the Provider is incorporated, resident or carries on business, or (vi) the Provider (or a key member of the Provider’s Personnel) dies or becomes incapacitated or the Provider no longer has a quorate board of directors or governing body and as a consequence the continued provision of the Services by the Provider is delayed, or rendered incapable or substantially more difficult of being performed provided that either party must give notice to the other party at the earliest available opportunity if it forms the opinion that the continued provision of the Services will be delayed, rendered incapable or substantially more difficult of performance as a consequence of death or incapacity or lack of quorum. quorum then the Executive shall be entitled to terminate this Arrangement immediately by service of written notice on the Provider (or on any alternative date determined by the Executive as is specified in such notice) without prejudice to the Executive’s rights and remedies. (b) The Provider agrees that, due to the nature of the Services and the importance of ensuring the safety and welfare of Service Users, including by uninterrupted service provision to the extent possible, it will notify the Executive as soon as practicable once it becomes aware that an event of the type referenced at Clause 35.9(a)(i)to 35.10(a)(i) to (vi)) above is likely to occur and will consult and co-operate with the Executive with a view to minimising, as far as possible, any disruption to the Services or any impact on Service Users.

Termination due to Insolvency, etc of Provider. (a) Without prejudice to the rights of the Executive to terminate this Arrangement pursuant to Clause 33 32 and this Clause 35 34 and subject always to Clause 3635, if (i) if the Provider enters into any composition, assignment or arrangement with its creditors generally or if a resolution is passed, a petition is presented (save, in the case of petition, where such petition is being contested in good faith by the Provider, as the case may be, and is discharged within 90 days of the date of its presentation or where such petition is in the opinion of the Provider vexatious or frivolous in nature and is discharged within 90 days of the date of its presentation) or if an order is made for the winding up, administration or liquidation of the Provider, (save for an amalgamation or reconstruction, the terms of which shall first have been approved in writing by the Executive, acting reasonably) or if if, an administrator, an administrative receiver, a receiver, a liquidator, a manager, a trustee-in-bankruptcy, bankruptcy or other similar officer (including, if applicable in any case, a process officer) is appointed over the whole or the whole or substantially the whole of the assets or undertaking of the Provider; (ii) ; any execution, order or other process in respect of an amount which (in the opinion of the Executive) would or could have a material impact on the Provider and/ or the provision of the Services and which is not discharged within 90 days is levied on the chattels of or the possessions of the Provider; (iii) ; the Provider, stops or threatens to stop payment of its debts generally or ceases to carry on substantially all of its business or admits its inability to pay its debts generally or is for the purposes of section 570 214 of the Companies Act, 2014 1963 (or any statutory modification thereof or under any other analogous law under any other relevant jurisdiction) deemed to be unable to pay its debts; (iv) ; any cross-default of the Provider in excess of an amount which (in the opinion of the Executive) would or could have a material impact on the Provider and/or the provision of the Services under any other facilities provided by any third party to the Provider and such default has not been cured within any applicable grace period, (v) , any similar events to the above occurring under any other relevant jurisdiction in which the Provider is incorporated, resident or carries on business), or (vi) or the Provider (or a key member of the Provider’s Personnel) dies or becomes incapacitated or the Provider no longer has a quorate board of directors or governing body and as a consequence the continued provision of the Services by the Provider is delayed, or rendered incapable or substantially more difficult of being performed provided that either party must give notice to the other party at the earliest available opportunity if it forms the opinion that the continued provision of the Services will be delayed, rendered incapable or substantially more difficult of performance as a consequence of death or incapacity or lack of quorum. incapacity, then the Executive shall be entitled to terminate this Arrangement immediately by service of written notice on the Provider (or on any alternative date determined by the Executive as is specified in such notice) shall terminate immediately, without prejudice to the Executive’s rights and remedies. (b) . The Provider agrees thatExecutive may, due by notice in writing to the nature Provider, withdraw any notice of the Services termination issued pursuant to this Arrangement and the importance Executive may, at its discretion, replace such notice of ensuring the safety and welfare of Service Users, including by uninterrupted service provision to the extent possible, it will notify the Executive as soon as practicable once it becomes aware that an event of the type referenced at Clause 35.9(a)(i)to (vi)) above is likely to occur and will consult and co-operate with the Executive termination with a view to minimisingnew notice of termination served in accordance with this Arrangement, as far as possible, any disruption to the Services or any impact on Service Userswhich shall supersede all previous notices of termination.

Termination due to Insolvency, etc of Provider. (a) Without prejudice to the rights of the Executive to terminate this Arrangement pursuant to Clause 33 12.3 and this Clause 35 31, and subject always to Clause 36, 32 if: (i) the Provider enters into any composition, assignment or arrangement with its creditors generally or if a resolution is passed, a petition is presented (save, in the case of petition, where such petition is being contested in good faith by the Provider, as the case may be, and is discharged within 90 ninety (90) days of the date of its presentation or where such petition is in the opinion of the Provider vexatious or frivolous in nature and is discharged within 90 ninety (90) days of the date of its presentation) or if an order is made for the winding up, administration or liquidation of the Provider, (save for an amalgamation or reconstruction, the terms of which shall first have been approved in writing by the Executive, acting reasonably) or if if, an administrator, an administrative receiver, a receiver, a liquidator, a manager, a trustee-in-bankruptcy, bankruptcy or other similar officer (including, if applicable in any case, a process officeradvisor) is appointed over the whole or the whole or substantially the whole of the assets or undertaking of the Provider; (ii) any execution, order or other process in respect of an amount which (in the opinion of the Executive) would or could have a material impact on the Provider and/ or the provision of the Services and which is not discharged within 90 days is levied on the chattels of or the possessions of the Provider; (iii) the Provider, stops or threatens to stop payment of its debts generally or ceases to carry on substantially all of its business or admits its inability to pay its debts generally or is for the purposes of section Section 570 of the Companies Act, 2014 Act (or any statutory modification thereof or under any other analogous law under any other relevant jurisdiction) deemed to be unable to pay its debts; (iv) any cross-default of the Provider in excess of an amount which (in the opinion of the Executive) would or could have a material impact on the Provider and/or and/ or the provision of the Services under any other facilities provided by any third party to the Provider and such default has not been cured within any applicable grace period,; (v) any similar events to the above occurring under any other relevant jurisdiction in which the Provider is incorporated, resident or carries on business, ; or (vi) the Provider (or a key member of the Provider’s Personnel) dies or becomes incapacitated or the Provider no longer has a quorate board of directors or governing body and as a consequence the continued provision of the Services by the Provider is delayed, or rendered incapable or substantially more difficult of being performed provided that either party must give notice to the other party at the earliest available opportunity if it forms the opinion that the continued provision of the Services will be delayed, rendered incapable or substantially more difficult of performance as a consequence of death or incapacity or lack of quorum. then the Executive shall be entitled to terminate this Arrangement immediately by service of written notice on the Provider (or on any alternative date determined by the Executive as is specified in such notice) without prejudice to the Executive’s rights and remedies., (b) The Provider agrees that, due to the nature of the Services and the importance of ensuring the safety and welfare of Service Users, including by uninterrupted service provision to the extent possible, it will notify the Executive as soon as practicable once it becomes aware that an event of the type referenced at Clause 35.9(a)(i)to (vi)31.7(a)(i) to 31.7(a)(vi) above is likely to occur and will consult and co-operate with the Executive with a view to minimising, as far as possible, any disruption to the Services or any impact on Service Users.