Common use of Termination for Financial Instability Clause in Contracts

Termination for Financial Instability. If (a) Amdocs does not meet its undisputed material obligations, including judgments, to third parties as those obligations become due after a final judgment, (b) Amdocs' stock is involuntarily removed or delisted from a trading exchange due to the financial situation of Amdocs, Sprint may terminate the Agreement on [**] days notice to Amdocs and pay Amdocs [**] percent ([**]%) of any Exit Fee that would have applied if Sprint elected to terminate the Agreement pursuant to Section 6.2.1 (Termination for Convenience) as determined in accordance with Schedule I (Exit Fee Computation) and Schedule I1 (Exit Fee Computation for Additional Services) ("[**] Exit Fee Termination For Financial Instability"). Alternatively, if the events described in clause (a) or (b) above occur, Sprint may submit the matter to the Steering Committee, which shall meet within [**] business days of the referral of the matter to the Steering Committee by Sprint to determine whether such events shall give rise to the right for Sprint to terminate the Agreement promptly on [**] days notice without any requirement to pay Amdocs any Exit Fee or other termination fees ("[**] Exit Fee Termination For Financial Instability") If the Steering Committee determines that such events do give rise to a right to [**] Exit Fee Termination For Financial Instability, Sprint may elect to exercise such right any time after such decision of the Steering Committee. If the Steering Committee determines that such events do not give rise to a right to [**] Exit Fee Termination For Financial Instability, then the matter shall be submitted to arbitration pursuant to Section 13.6 (Governing Law and Jurisdiction). If the arbitration determines that such events do give rise to a right to [**] Exit Fee Termination For Financial Instability, Sprint may elect to exercise such right any time after such decision of the arbitration. For avoidance of doubt, Sprint may exercise its right to the [**] Exit Fee Termination For Financial Instability at any time during or after the commencement of the processes described in this Section related to the determination of whether there exists a right to [**] Exit Fee Termination For Financial Instability.

Appears in 1 contract

Sources: Customer Care and Billing Services Agreement (Amdocs LTD)

Termination for Financial Instability. (a) If (ai) Amdocs does not meet its undisputed material obligations, including judgments, to third parties as those obligations become due after a final judgment, (bii) Amdocs' stock is involuntarily removed or delisted from a trading exchange due to the financial situation of Amdocs, Sprint Clearwire may terminate the this Agreement on [**] thirty (30) days notice to Amdocs and pay Amdocs [**] fifty percent ([**]50%) of any Exit Fee exit fee that would have applied if Sprint Clearwire elected to terminate the this Agreement pursuant to Section 6.2.1 6.2.1. (Termination for Convenienceb) as determined in accordance with Schedule I (Exit Fee Computation) and Schedule I1 (Exit Fee Computation for Additional Services) ("[**] Exit Fee Termination For Financial Instability"). Alternatively, if the events described in clause (a) or (b) above occur, Sprint Clearwire may submit the matter to the Steering Committee, which shall meet within [**] ten (10) business days of the referral of the matter to the Steering Committee by Sprint Clearwire to determine whether such events shall give rise to the right for Sprint Clearwire to terminate the this Agreement promptly on [**] thirty (30) days notice without any requirement to pay Amdocs any Exit Fee exit fee or other termination fees ("[**] Exit Fee Termination For Financial Instability") If the Steering Committee determines that such events do give rise to a right to [**] Exit Fee Termination For Financial Instabilityterminate pursuant to the alternative in this subsection (b), Sprint Clearwire may elect to exercise such right any time after such decision of the Steering Committee. If the Steering Committee determines that such events do not give rise to a right to [**] Exit Fee Termination For Financial Instabilityterminate pursuant to the alternative in this subsection (b), then the matter shall be submitted to arbitration pursuant to Section 13.6 (Governing Law and Jurisdiction)13.6. If the arbitration determines that such events do give rise to a right to [**] Exit Fee Termination For Financial Instabilityterminate pursuant to the alternative in this subsection (b), Sprint Clearwire may elect to exercise such right any time after such decision of the arbitration. For avoidance of doubt, Sprint Clearwire may exercise its right to terminate pursuant to the [**] Exit Fee Termination For Financial Instability provisions of subsection (a) above at any time during or after the commencement of the processes described in this Section related to the determination of whether there exists a right to [**] Exit Fee Termination For Financial Instability.terminate pursuant to the alternative in this subsection (b). Customer Care and Billing Services Agreement Confidential

Appears in 1 contract

Sources: Customer Care and Billing Services Agreement (Clearwire Corp /DE)

Termination for Financial Instability. If If: (a) Amdocs does not meet its undisputed material obligations, including judgments, to third parties Third Parties as those obligations become due after a final judgment, or (b) Amdocs' stock is involuntarily removed or delisted from a trading exchange due to the financial situation of Amdocs, Sprint may terminate the Agreement on [**] days notice to Amdocs and pay Amdocs [**] percent ([**]%) of any Exit Fee that would have applied if Sprint elected to terminate the Agreement pursuant to Section 6.2.1 (Termination for Convenience) as determined in accordance with Schedule I (Exit Fee Computation) and Schedule I1 in any Additional Services Orders, as applicable (Exit Fee Computation for Additional Services) ("[**] Exit Fee Termination For Financial Instability"). Alternatively, if the events described in clause (a) or (b) above occur, Sprint may submit the matter to the Steering Committee, which shall will meet within [**] business days of the referral of the matter to the Steering Committee by Sprint to determine whether such events shall will give rise to the right for Sprint to terminate the Agreement promptly on [**] days notice without any requirement to pay Amdocs any Exit Fee or other termination fees ("[**] Exit Fee Termination For Financial Instability") ”). If the Steering Committee determines that such events do give rise to a right to [**] Exit Fee Termination For Financial Instability, Sprint may elect to exercise such right any time after such decision of the Steering Committee. If the Steering Committee determines that such events do not give rise to a right to [**] Exit Fee Termination For Financial Instability, then the matter shall will be submitted to arbitration pursuant to Section 13.6 (Governing Law and Jurisdiction). If the arbitration determines that such events do give rise to a right to [**] Exit Fee Termination For Financial Instability, Sprint may elect to exercise such right any time after such decision of the arbitration. For avoidance of doubt, Sprint may exercise its right to the [**] Exit Fee Termination For Financial Instability at any time during or after the commencement of the processes described in this Section related to the determination of whether there exists a right to [**] Exit Fee Termination For Financial Instability.

Appears in 1 contract

Sources: Customer Care and Billing Services Agreement (Amdocs LTD)