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

Termination on Change of Control and Insolvency. 36.1. The Authority may terminate the Contract with immediate effect by notice in writing where the Contractor is a company and in respect of the Contractor: - 36.1.1. a proposal is made for a voluntary arrangement within Part I of the Insolvency ▇▇▇ ▇▇▇▇ or of any other composition scheme or arrangement with, or assignment for the benefit of, its creditors; or 36.1.2. 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 reorganisation or amalgamation); or 36.1.3. a petition is presented for its winding up (which is not dismissed within 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 ▇▇▇ ▇▇▇▇; or 36.1.4. a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets; or 36.1.5. 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 36.1.6. it is or becomes insolvent within the meaning of section 123 of the Insolvency ▇▇▇ ▇▇▇▇; or 36.1.7. being a “small company” within the meaning of section 382 of the Companies ▇▇▇ ▇▇▇▇, a moratorium comes into force pursuant to Schedule A1 of the Insolvency ▇▇▇ ▇▇▇▇; or 36.1.8. any event similar to those listed in clause 36.1.1 to 36.1.7 occurs under the law of any other jurisdiction. 36.2. The Authority may terminate the Contract with immediate effect by notice in writing where the Contractor is an individual and: 36.2.1. an application for an interim order is made pursuant to sections 252- 253 of the Insolvency ▇▇▇ ▇▇▇▇ or a proposal is made for any composition scheme or arrangement with, or assignment for the benefit of, the Contractor’s creditors; or 36.2.2. a debt relief order or a debt restriction order has been made in respect of him; or 36.2.3. a petition is presented and not dismissed within fourteen (14) days or order made the Contractor’s bankruptcy; or 36.2.4. 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 36.2.5. 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 ▇▇▇ ▇▇▇▇; or 36.2.6. 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 fourteen (14) days; or 36.2.7. he dies or is adjudged incapable of managing his affairs within the meaning of Part VII of the Mental ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ 36.3. The Authority may terminate the Contract with immediate effect by notice in writing where the Contractor is a partnership and: 36.3.1. a proposal is made for a voluntary arrangement within Article 4 of the Insolvent Partnerships Order 1994 or a proposal is made for any other composition, scheme or arrangement with or assignment for the benefit of its creditors; or 36.3.2. it is for any reason dissolved; or 36.3.3. a petition is presented for its winding up or for the making of ay administrative order, or an application is made for the appointment of a provisional liquidator; or 36.3.4. a receiver, or similar officer, is appointed over the whole or any part of its assets; or 36.3.5. the partnership is deemed unable to pay its debts within the meaning of section 222 or 223 of the Insolvency ▇▇▇ ▇▇▇▇ as applied and modified by the Insolvent Partnerships Order 1994; or 36.3.6. any of the following occurs in relation to any of its partners: 36.3.6.1. an application for an interim order is made pursuant to sections 252-253 of the Insolvency ▇▇▇ ▇▇▇▇ or a proposal is made for any composition scheme or arrangement with, or assignment for the benefit of his creditors; or 36.3.6.2. a petition is presented for his bankruptcy; or 36.3.6.3. a receiver, or similar officer, is appointed over the whole or any part of his assets. 36.4. The Authority may terminate the Contract with immediate effect by notice in writing where the Contractor is a limited liability partnership and: 36.4.1. a proposal is made for a voluntary arrangement within Part I of the Insolvency ▇▇▇ ▇▇▇▇ or a proposal is made for any other composition, scheme or arrangement with, or assignment for the benefit of, its creditors; or 36.4.2. it is for any reason dissolved; or 36.4.3. an application 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 within Part II of the Insolvency ▇▇▇ ▇▇▇▇; or 36.4.4. any step is taken with a view to it being determined that it be wound up (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation) within Part IV of the Insolvency ▇▇▇ ▇▇▇▇; or 36.4.5. a petition is presented for its winding up (which is not dismissed within fourteen (14) days of its service) or an application is made for the appointment of a provisional liquidator within Part IV of the Insolvency ▇▇▇ ▇▇▇▇; or 36.4.6. a receiver, or similar officer, is appointed over the whole or any part of its assets; or 36.4.7. it is or becomes unable to pay its debts within the meaning of section 123 of the Insolvency ▇▇▇ ▇▇▇▇; or 36.4.8. a moratorium comes into force pursuant to Schedule A1 of the Insolvency ▇▇▇ ▇▇▇▇ 36.4.9. References to the Insolvency ▇▇▇ ▇▇▇▇ in clause 36.4.1 shall be construed as references to that Act as applied under the Limited Liability Partnerships Act 2000 subordinate legislation. 36.5. The Contractor shall notify the Authority immediately of a change of control within the meaning of section 416 of the Income and Corporation Taxes Act 1988 ("change of control"). Where in the reasonable opinion of the Authority the change is likely to result in an adverse effect on the provision of the Goods or Services the Authority may terminate the Contract by notice in writing with immediate effect within six (6) Months of: 36.5.1. being notified that a change of control has occurred; or 36.5.2. where no notification has been made, the date that the Authority becomes aware of the change of control, but shall not be permitted to terminate where an Approval was granted prior to the change of control.

Appears in 2 contracts

Sources: Contract for the Provision of Services, Call Off Contract for the National Supply of Bags and Sacks

Termination on Change of Control and Insolvency. 36.1. The Authority may terminate the Contract with immediate effect by notice in writing where the Contractor is a company and in respect of the Contractor: - 36.1.1. a proposal is made for a voluntary arrangement within Part I of the Insolvency ▇▇▇ ▇▇▇▇ or of any other composition scheme or arrangement with, or assignment for the benefit of, its creditors; or 36.1.2. 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 reorganisation or amalgamation); or 36.1.3. a petition is presented for its winding up (which is not dismissed within 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 ▇▇▇ ▇▇▇▇; or 36.1.4. a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets; or 36.1.5. 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 36.1.6. it is or becomes insolvent within the meaning of section 123 of the Insolvency ▇▇▇ ▇▇▇▇; or 36.1.7. being a “small company” within the meaning of section 382 of the Companies ▇▇▇ ▇▇▇▇, a moratorium comes into force pursuant to Schedule A1 of the Insolvency ▇▇▇ ▇▇▇▇; or 36.1.8. any event similar to those listed in clause 36.1.1 to 36.1.7 occurs under the law of any other jurisdiction. 36.2. The Authority may terminate the Contract with immediate effect by notice in writing where the Contractor is an individual and: 36.2.1. an application for an interim order is made pursuant to sections 252- 253 of the Insolvency ▇▇▇ ▇▇▇▇ or a proposal is made for any composition scheme or arrangement with, or assignment for the benefit of, the Contractor’s creditors; or 36.2.2. a debt relief order or a debt restriction order has been made in respect of him; or 36.2.3. a petition is presented and not dismissed within fourteen (14) days or order made the Contractor’s bankruptcy; or 36.2.436.2.3. 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 36.2.536.2.4. 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 ▇▇▇ ▇▇▇▇; or 36.2.636.2.5. 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 fourteen (14) days; or 36.2.736.2.6. he dies or is adjudged incapable of managing his affairs within the meaning of Part VII of the Mental ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ 36.3. The Authority may terminate the Contract with immediate effect by notice in writing where the Contractor is a partnership and: 36.3.1. a proposal is made for a voluntary arrangement within Article 4 of the Insolvent Partnerships Order 1994 or a proposal is made for any other composition, scheme or arrangement with or assignment for the benefit of its creditors; or 36.3.2. it is for any reason dissolved; or 36.3.3. a petition is presented for its winding up or for the making of ay administrative order, or an application is made for the appointment of a provisional liquidator; or 36.3.4. a receiver, or similar officer, is appointed over the whole or any part of its assets; or 36.3.5. the partnership is deemed unable to pay its debts within the meaning of section 222 or 223 of the Insolvency ▇▇▇ ▇▇▇▇ as applied and modified by the Insolvent Partnerships Order 1994; or 36.3.6. any of the following occurs in relation to any of its partners: 36.3.6.1. an application for an interim order is made pursuant to sections 252-253 of the Insolvency ▇▇▇ ▇▇▇▇ or a proposal is made for any composition scheme or arrangement with, or assignment for the benefit of his creditors; or 36.3.6.2. a petition is presented for his bankruptcy; or 36.3.6.3. a receiver, or similar officer, is appointed over the whole or any part of his assets. 36.4. The Authority may terminate the Contract with immediate effect by notice in writing where the Contractor is a limited liability partnership and: 36.4.1. a proposal is made for a voluntary arrangement within Part I of the Insolvency ▇▇▇ ▇▇▇▇ or a proposal is made for any other composition, scheme or arrangement with, or assignment for the benefit of, its creditors; or 36.4.2. it is for any reason dissolved; or 36.4.3. an application 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 within Part II of the Insolvency ▇▇▇ ▇▇▇▇; or 36.4.4. any step is taken with a view to it being determined that it be wound up (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation) within Part IV of the Insolvency ▇▇▇ ▇▇▇▇; or 36.4.5. a petition is presented for its winding up (which is not dismissed within fourteen (14) days of its service) or an application is made for the appointment of a provisional liquidator within Part IV of the Insolvency ▇▇▇ ▇▇▇▇; or 36.4.6. a receiver, or similar officer, is appointed over the whole or any part of its assets; or 36.4.7. it is or becomes unable to pay its debts within the meaning of section 123 of the Insolvency ▇▇▇ ▇▇▇▇; or 36.4.8. a moratorium comes into force pursuant to Schedule A1 of the Insolvency ▇▇▇ ▇▇▇▇ 36.4.9. References to the Insolvency ▇▇▇ ▇▇▇▇ in clause 36.4.1 shall be construed as references to that Act as applied under the Limited Liability Partnerships Act 2000 subordinate legislation. 36.5. The Contractor shall notify the Authority immediately of a change of control within the meaning of section 416 of the Income and Corporation Taxes Act 1988 ("change of control"). Where in the reasonable opinion of the Authority the change is likely to result in an adverse effect on the provision of the Goods or Services the Authority may terminate the Contract by notice in writing with immediate effect within six (6) Months of: 36.5.1. being notified that a change of control has occurred; or 36.5.2. where no notification has been made, the date that the Authority becomes aware of the change of control, but shall not be permitted to terminate where an Approval was granted prior to the change of control.

Appears in 2 contracts

Sources: Call Off Contract for the Provision of Visits Experience Services, Professional Services

Termination on Change of Control and Insolvency. 36.1. 36.1 The Authority Financial Ombudsman Service may terminate the Contract with immediate effect by notice in writing where the Contractor is a company and in respect of the Contractor: - 36.1.1. 36.1.1 a proposal is made for a voluntary arrangement within Part I of the Insolvency ▇▇▇ ▇▇▇▇ or of any other composition scheme or arrangement with, or assignment for the benefit of, its creditors; or 36.1.2. 36.1.2 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 reorganisation reconstruction or amalgamation); or 36.1.3. 36.1.3 a petition is presented for its winding up (which is not dismissed within 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 ▇▇▇ ▇▇▇▇; or 36.1.4. 36.1.4 a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets; or 36.1.5. 36.1.5 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 36.1.6. 36.1.6 it is or becomes insolvent within the meaning of section 123 of the Insolvency ▇▇▇ ▇▇▇▇; or 36.1.7. 36.1.7 being a “small company” within the meaning of section 382 of the Companies ▇▇▇ ▇▇▇▇, a moratorium comes into force pursuant to Schedule A1 of the Insolvency ▇▇▇ ▇▇▇▇; or 36.1.8. 36.1.8 any event similar to those listed in clause 36.1.1 to 36.1.7 occurs under the law of any other jurisdiction. 36.2. 36.2 The Authority Financial Ombudsman Service may terminate the Contract with immediate effect by notice in writing where the Contractor is an individual and: 36.2.1. 36.2.1 an application for an interim order is made pursuant to sections 252- 252-253 of the Insolvency ▇▇▇ ▇▇▇▇ or a proposal is made for any composition scheme or arrangement with, or assignment for the benefit of, the Contractor’s creditors; or 36.2.2. a debt relief order or a debt restriction order has been made in respect of him; or 36.2.3. 36.2.2 a petition is presented and not dismissed within fourteen (14) days or order made the Contractor’s bankruptcy; or 36.2.4. 36.2.3 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 36.2.5. 36.2.4 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 ▇▇▇ ▇▇▇▇; or 36.2.6. 36.2.5 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 fourteen (14) days; or 36.2.7. 36.2.6 he dies or is adjudged incapable of managing his affairs within the meaning of Part VII of the Mental ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇. 36.3. 36.3 The Authority Financial Ombudsman Service may terminate the Contract with immediate effect by notice in writing where the Contractor is a partnership and: 36.3.1. 36.3.1 a proposal is made for a voluntary arrangement within Article 4 of the Insolvent Partnerships Order 1994 or a proposal is made for any other composition, scheme or arrangement with or assignment for the benefit of its creditors; or 36.3.2. 36.3.2 it is for any reason dissolved; or 36.3.3. 36.3.3 a petition is presented for its winding up or for the making of ay administrative order, or an application is made for the appointment of a provisional liquidator; or 36.3.4. 36.3.4 a receiver, or similar officer, is appointed over the whole or any part of its assets; or 36.3.5. 36.3.5 the partnership is deemed unable to pay its debts within the meaning of section 222 or 223 of the Insolvency ▇▇▇ ▇▇▇▇ as applied and modified by the Insolvent Partnerships Order 1994; or 36.3.6. 36.3.6 any of the following occurs in relation to any of its partners: 36.3.6.1. 36.3.6.1 an application for an interim order is made pursuant to sections 252-253 of the Insolvency ▇▇▇ ▇▇▇▇ or a proposal is made for any composition scheme or arrangement with, or assignment for the benefit of his creditors; or 36.3.6.2. 36.3.6.2 a petition is presented for his bankruptcy; or 36.3.6.3. 36.3.6.3 a receiver, or similar officer, is appointed over the whole or any part of his assets. 36.4. 36.4 The Authority Financial Ombudsman Service may terminate the Contract with immediate effect by notice in writing where the Contractor is a limited liability partnership and: 36.4.1. 36.4.1 a proposal is made for a voluntary arrangement within Part I of the Insolvency ▇▇▇ ▇▇▇▇ or a proposal is made for any other composition, scheme or arrangement with, or assignment for the benefit of, its creditors; or 36.4.2. 36.4.2 it is for any reason dissolved; or 36.4.3. 36.4.3 an application 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 within Part II of the Insolvency ▇▇▇ ▇▇▇▇; or 36.4.4. 36.4.4 any step is taken with a view to it being determined that it be wound up (other up(other than as part of, and exclusively for the purpose of, a bona fide reconstruction fidereconstruction or amalgamation) within Part IV of the Insolvency ▇▇▇ ▇▇▇▇; or 36.4.5. 36.4.5 a petition is presented for its winding up (which is not dismissed within fourteen (14) days of its service) or an application is made for the appointment of a provisional liquidator within Part IV of the Insolvency ▇▇▇ ▇▇▇▇; or 36.4.6. 36.4.6 a receiver, or similar officer, is appointed over the whole or any part of its assets; or 36.4.7. 36.4.7 it is or becomes unable to pay its debts within the meaning of section 123 of the Insolvency ▇▇▇ ▇▇▇▇; or 36.4.8. 36.4.8 a moratorium comes into force pursuant to Schedule A1 of the Insolvency ▇▇▇ ▇▇▇▇. 36.4.9. 36.4.9 References to the Insolvency ▇▇▇ ▇▇▇▇ in clause 36.4.1 shall be construed as references to that Act as applied under the Limited Liability Partnerships Act 2000 subordinate legislation. 36.5. 36.5 The Contractor shall notify the Authority Financial Ombudsman Service immediately of 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"). Where in the reasonable opinion of the Authority the change is likely to result in an adverse effect on the provision of the Goods or Services the Authority The Financial Ombudsman Service may terminate the Contract by notice in writing with immediate effect within six (6) Months of: 36.5.1. 36.5.1 being notified that a change of control has occurred; or 36.5.2. 36.5.2 where no notification has been made, the date that the Authority Financial Ombudsman Service becomes aware of the change of control, but shall not be permitted to terminate where an Approval was granted prior to the change of control.

Appears in 1 contract

Sources: Contract for the Provision of Executive and Non Executive Level Recruitment for Permanent and Interim Management.

Termination on Change of Control and Insolvency. 36.1. The Authority may terminate the Contract with immediate effect by notice in writing where the Contractor is a company and in respect of the Contractor: - 36.1.1. a proposal is made for a voluntary arrangement within Part I of the Insolvency ▇▇▇ ▇▇▇▇ or of any other composition scheme or arrangement with, or assignment for the benefit of, its creditors; or 36.1.2. 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 reorganisation or amalgamation); or 36.1.3. a petition is presented for its winding up (which is not dismissed within 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 ▇▇▇ ▇▇▇▇; or 36.1.4. a receiver, administrative receiver or similar officer Officer is appointed over the whole or any part of its business or assets; or 36.1.5. 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 36.1.6. it is or becomes insolvent within the meaning of section 123 of the Insolvency ▇▇▇ ▇▇▇▇; or 36.1.7. being a “small company” within the meaning of section 382 of the Companies ▇▇▇ ▇▇▇▇, a moratorium comes into force pursuant to Schedule A1 of the Insolvency ▇▇▇ ▇▇▇▇; or 36.1.8. any event similar to those listed in clause 36.1.1 to 36.1.7 occurs under the law of any other jurisdiction. 36.2. The Authority may terminate the Contract with immediate effect by notice in writing where the Contractor is an individual and: 36.2.1. an application for an interim order is made pursuant to sections 252- 253 of the Insolvency ▇▇▇ ▇▇▇▇ or a proposal is made for any composition scheme or arrangement with, or assignment for the benefit of, the Contractor’s creditors; or 36.2.2. a debt relief order or a debt restriction order has been made in respect of him; or 36.2.3. a petition is presented and not dismissed within fourteen (14) days or order made the Contractor’s bankruptcy; or 36.2.4. a receiver, or similar officer 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 Officer over the whole or any part of his assets; or 36.2.5. 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 ▇▇▇ ▇▇▇▇; or 36.2.6. 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 fourteen (14) days; or 36.2.7. he dies or is adjudged incapable of managing his affairs within the meaning of Part VII of the Mental ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ 36.3. The Authority may terminate the Contract with immediate effect by notice in writing where the Contractor is a partnership and: 36.3.1. a proposal is made for a voluntary arrangement within Article 4 of the Insolvent Partnerships Order 1994 or a proposal is made for any other composition, scheme or arrangement with or assignment for the benefit of its creditors; or 36.3.2. it is for any reason dissolved; or 36.3.3. a petition is presented for its winding up or for the making of ay administrative order, or an application is made for the appointment of a provisional liquidator; or 36.3.4. a receiver, or similar officerOfficer, is appointed over the whole or any part of its assets; or 36.3.5. the partnership is deemed unable to pay its debts within the meaning of section 222 or 223 of the Insolvency ▇▇▇ ▇▇▇▇ as applied and modified by the Insolvent Partnerships Order 1994; or 36.3.6. any of the following occurs in relation to any of its partners: 36.3.6.1. an application for an interim order is made pursuant to sections 252-253 of the Insolvency ▇▇▇ ▇▇▇▇ or a proposal is made for any composition scheme or arrangement with, or assignment for the benefit of his creditors; or 36.3.6.2. a petition is presented for his bankruptcy; or 36.3.6.3. a receiver, or similar officerOfficer, is appointed over the whole or any part of his assets. 36.4. The Authority may terminate the Contract with immediate effect by notice in writing where the Contractor is a limited liability partnership and: 36.4.1. a proposal is made for a voluntary arrangement within Part I of the Insolvency ▇▇▇ ▇▇▇▇ or a proposal is made for any other composition, scheme or arrangement with, or assignment for the benefit of, its creditors; or 36.4.2. it is for any reason dissolved; or 36.4.3. an application 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 within Part II of the Insolvency ▇▇▇ ▇▇▇▇; or 36.4.4. any step is taken with a view to it being determined that it be wound up (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation) within Part IV of the Insolvency ▇▇▇ ▇▇▇▇; or 36.4.5. a petition is presented for its winding up (which is not dismissed within fourteen (14) days of its service) or an application is made for the appointment of a provisional liquidator within Part IV of the Insolvency ▇▇▇ ▇▇▇▇; or 36.4.6. a receiver, or similar officerOfficer, is appointed over the whole or any part of its assets; or 36.4.7. it is or becomes unable to pay its debts within the meaning of section 123 of the Insolvency ▇▇▇ ▇▇▇▇; or 36.4.8. a moratorium comes into force pursuant to Schedule A1 of the Insolvency ▇▇▇ ▇▇▇▇ 36.4.9. References to the Insolvency ▇▇▇ ▇▇▇▇ in clause 36.4.1 shall be construed as references to that Act as applied under the Limited Liability Partnerships Act 2000 subordinate legislation. 36.5. The Contractor shall notify the Authority immediately of a change of control within the meaning of section 416 of the Income and Corporation Taxes Act 1988 ("change of control"). Where in the reasonable opinion of the Authority the change is likely to result in an adverse effect on the provision of the Goods or Services the Authority may terminate the Contract by notice in writing with immediate effect within six (6) Months of: 36.5.1. being notified that a change of control has occurred; or 36.5.2. where no notification has been made, the date that the Authority becomes aware of the change of control, but shall not be permitted to terminate where an Approval was granted prior to the change of control.

Appears in 1 contract

Sources: Contract for Security Guarding Services

Termination on Change of Control and Insolvency. 36.1. The Authority may terminate the Contract with immediate effect by notice in writing where the Contractor is a company and in respect of the Contractor: - 36.1.1. a proposal is made for a voluntary arrangement within Part I of the Insolvency ▇▇▇ ▇▇▇▇ or of any other composition scheme or arrangement with, or assignment for the benefit of, its creditors; or 36.1.2. 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 reorganisation or amalgamation); or 36.1.3. a petition is presented for its winding up (which is not dismissed within 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 ▇▇▇ ▇▇▇▇; or 36.1.4. a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets; or 36.1.5. 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 36.1.6. it is or becomes insolvent within the meaning of section 123 of the Insolvency ▇▇▇ ▇▇▇▇; or 36.1.7. being a “small company” within the meaning of section 382 of the Companies ▇▇▇ ▇▇▇▇, a moratorium comes into force pursuant to Schedule A1 of the Insolvency ▇▇▇ ▇▇▇▇; or 36.1.8. any event similar to those listed in clause 36.1.1 to 36.1.7 occurs under the law of any other jurisdiction. 36.2. The Authority may terminate the Contract with immediate effect by notice in writing where the Contractor is an individual and: 36.2.1. an application for an interim order is made pursuant to sections 252- 252-253 of the Insolvency ▇▇▇ ▇▇▇▇ or a proposal is made for any composition scheme or arrangement with, or assignment for the benefit of, the Contractor’s creditors; or 36.2.2. a debt relief order or a debt restriction order has been made in respect of him; or 36.2.3. a petition is presented and not dismissed within fourteen (14) days or order made the Contractor’s bankruptcy; or 36.2.436.2.3. 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 36.2.536.2.4. 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 ▇▇▇ ▇▇▇▇; or 36.2.636.2.5. 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 fourteen (14) days; or 36.2.736.2.6. he dies or is adjudged incapable of managing his affairs within the meaning of Part VII of the Mental ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ 36.3. The Authority may terminate the Contract with immediate effect by notice in writing where the Contractor is a partnership and: 36.3.1. a proposal is made for a voluntary arrangement within Article 4 of the Insolvent Partnerships Order 1994 or a proposal is made for any other composition, scheme or arrangement with or assignment for the benefit of its creditors; or 36.3.2. it is for any reason dissolved; or 36.3.3. a petition is presented for its winding up or for the making of ay administrative order, or an application is made for the appointment of a provisional liquidator; or 36.3.4. a receiver, or similar officer, is appointed over the whole or any part of its assets; or 36.3.5. the partnership is deemed unable to pay its debts within the meaning of section 222 or 223 of the Insolvency ▇▇▇ ▇▇▇▇ as applied and modified by the Insolvent Partnerships Order 1994; or 36.3.6. any of the following occurs in relation to any of its partners: 36.3.6.1. an application for an interim order is made pursuant to sections 252-253 of the Insolvency ▇▇▇ ▇▇▇▇ or a proposal is made for any composition scheme or arrangement with, or assignment for the benefit of his creditors; or 36.3.6.2. a petition is presented for his bankruptcy; or 36.3.6.3. a receiver, or similar officer, is appointed over the whole or any part of his assets. 36.4. The Authority may terminate the Contract with immediate effect by notice in writing where the Contractor is a limited liability partnership and: 36.4.1. a proposal is made for a voluntary arrangement within Part I of the Insolvency ▇▇▇ ▇▇▇▇ or a proposal is made for any other composition, scheme or arrangement with, or assignment for the benefit of, its creditors; or 36.4.2. it is for any reason dissolved; or 36.4.3. an application 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 within Part II of the Insolvency ▇▇▇ ▇▇▇▇; or 36.4.4. any step is taken with a view to it being determined that it be wound up (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation) within Part IV of the Insolvency ▇▇▇ ▇▇▇▇; or 36.4.5. a petition is presented for its winding up (which is not dismissed within fourteen (14) days of its service) or an application is made for the appointment of a provisional liquidator within Part IV of the Insolvency ▇▇▇ ▇▇▇▇; or 36.4.6. a receiver, or similar officer, is appointed over the whole or any part of its assets; or 36.4.7. it is or becomes unable to pay its debts within the meaning of section 123 of the Insolvency ▇▇▇ ▇▇▇▇; or 36.4.8. a moratorium comes into force pursuant to Schedule A1 of the Insolvency ▇▇▇ ▇▇▇▇ 36.4.9. References to the Insolvency ▇▇▇ ▇▇▇▇ in clause 36.4.1 shall be construed as references to that Act as applied under the Limited Liability Partnerships Act 2000 subordinate legislation. 36.5. The Contractor shall notify the Authority immediately of a change of control within the meaning of section 416 of the Income and Corporation Taxes Act 1988 ("change of control"). Where in the reasonable opinion of the Authority the change is likely to result in an adverse effect on the provision of the Goods or Services the Authority may terminate the Contract by notice in writing with immediate effect within six (6) Months of: 36.5.1. being notified that a change of control has occurred; or 36.5.2. where no notification has been made, the date that the Authority becomes aware of the change of control, but shall not be permitted to terminate where an Approval was granted prior to the change of control.

Appears in 1 contract

Sources: Provision of Tetra Radio Equipment and Related Services

Termination on Change of Control and Insolvency. 36.1. The Authority may terminate the Contract with immediate effect by notice in writing where the Contractor is a company and in respect of the Contractor: - 36.1.1. a proposal is made for a voluntary arrangement within Part I of the Insolvency ▇▇▇ ▇▇▇▇ or of any other composition scheme or arrangement with, or assignment for the benefit of, its creditors; or 36.1.2. 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 reorganisation or amalgamation); or 36.1.3. a petition is presented for its winding up (which is not dismissed within 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 ▇▇▇ ▇▇▇▇; or 36.1.4. a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets; or 36.1.5. 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 36.1.6. it is or becomes insolvent within the meaning of section 123 of the Insolvency ▇▇▇ ▇▇▇▇; or 36.1.7. being a “small company” within the meaning of section 382 of the Companies ▇▇▇ ▇▇▇▇, a moratorium comes into force pursuant to Schedule A1 of the Insolvency ▇▇▇ ▇▇▇▇; or 36.1.8. any event similar to those listed in clause 36.1.1 to 36.1.7 occurs under the law of any other jurisdiction. 36.2. The Authority may terminate the Contract with immediate effect by notice in writing where the Contractor is an individual and: 36.2.1. an application for an interim order is made pursuant to sections 252- 253 of the Insolvency ▇▇▇ ▇▇▇▇ or a proposal is made for any composition scheme or arrangement with, or assignment for the benefit of, the Contractor’s creditors; or 36.2.2. a debt relief order or a debt restriction order has been made in respect of him; or 36.2.3. a petition is presented and not dismissed within fourteen (14) days or order made the Contractor’s bankruptcy; or 36.2.436.2.3. 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 36.2.536.2.4. 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 ▇▇▇ ▇▇▇▇; or 36.2.636.2.5. 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 fourteen (14) days; or 36.2.736.2.6. he dies or is adjudged incapable of managing his affairs within the meaning of Part VII of the Mental ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ 36.3. The Authority may terminate the Contract with immediate effect by notice in writing where the Contractor is a partnership and: 36.3.1. a proposal is made for a voluntary arrangement within Article 4 of the Insolvent Partnerships Order 1994 or a proposal is made for any other composition, scheme or arrangement with or assignment for the benefit of its creditors; or 36.3.2. it is for any reason dissolved; or 36.3.3. a petition is presented for its winding up or for the making of ay administrative order, or an application is made for the appointment of a provisional liquidator; or 36.3.4. a receiver, or similar officer, is appointed over the whole or any part of its assets; or 36.3.5. the partnership is deemed unable to pay its debts within the meaning of section 222 or 223 of the Insolvency ▇▇▇ ▇▇▇▇ as applied and modified by the Insolvent Partnerships Order 1994; or 36.3.6. any of the following occurs in relation to any of its partners: 36.3.6.1. an application for an interim order is made pursuant to sections 252-253 of the Insolvency ▇▇▇ ▇▇▇▇ or a proposal is made for any composition scheme or arrangement with, or assignment for the benefit of his creditors; or 36.3.6.2. a petition is presented for his bankruptcy; or 36.3.6.3. a receiver, or similar officer, is appointed over the whole or any part of his assets. 36.4. The Authority may terminate the Contract with immediate effect by notice in writing where the Contractor is a limited liability partnership and: 36.4.1. a proposal is made for a voluntary arrangement within Part I of the Insolvency ▇▇▇ ▇▇▇▇ or a proposal is made for any other composition, scheme or arrangement with, or assignment for the benefit of, its creditors; or 36.4.2. it is for any reason dissolved; or 36.4.3. an application 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 within Part II of the Insolvency ▇▇▇ ▇▇▇▇; or 36.4.4. any step is taken with a view to it being determined that it be wound up (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation) within Part IV of the Insolvency ▇▇▇ ▇▇▇▇; or 36.4.5. a petition is presented for its winding up (which is not dismissed within fourteen (14) days of its service) or an application is made for the appointment of a provisional liquidator within Part IV of the Insolvency ▇▇▇ ▇▇▇▇; or 36.4.6. a receiver, or similar officer, is appointed over the whole or any part of its assets; or 36.4.7. it is or becomes unable to pay its debts within the meaning of section 123 of the Insolvency ▇▇▇ ▇▇▇▇; or 36.4.8. a moratorium comes into force pursuant to Schedule A1 of the Insolvency ▇▇▇ ▇▇▇▇ 36.4.9. References to the Insolvency ▇▇▇ ▇▇▇▇ in clause 36.4.1 shall be construed as references to that Act as applied under the Limited Liability Partnerships Act 2000 subordinate legislation. 36.5. The Contractor shall notify the Authority immediately of a change of control within the meaning of section 416 of the Income and Corporation Taxes Act 1988 ("change of control"). Where in the reasonable opinion of the Authority the change is likely to result in an adverse effect on the provision of the Goods or Services the Authority may terminate the Contract by notice in writing with immediate effect within six (6) Months of: 36.5.1. being notified that a change of control has occurred; or; 36.5.2. or where no notification has been made, the date that the Authority becomes aware of the change of control, but shall not be permitted to terminate where an Approval was granted prior to the change of control.

Appears in 1 contract

Sources: Paint Consumables Contract

Termination on Change of Control and Insolvency. 36.1. The Authority may terminate the Contract with immediate effect by notice in writing where the Contractor is a company and in respect of the Contractor: - 36.1.1. a proposal is made for a voluntary arrangement within Part I of the Insolvency ▇▇▇ ▇▇▇▇ or of any other composition scheme or arrangement with, or assignment for the benefit of, its creditors; or 36.1.2. 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 reorganisation or amalgamation); or 36.1.3. a petition is presented for its winding up (which is not dismissed within 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 ▇▇▇ ▇▇▇▇; or 36.1.4. a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets; or 36.1.5. 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 36.1.6. it is or becomes insolvent within the meaning of section 123 of the Insolvency ▇▇▇ ▇▇▇▇; or 36.1.736.1. 7. being a “small company” within the meaning of section 382 of the Companies ▇▇▇ ▇▇▇▇, a moratorium comes into force pursuant to Schedule A1 of the Insolvency ▇▇▇ ▇▇▇▇; or 36.1.8. any event similar to those listed in clause 36.1.1 to 36.1.7 occurs under the law of any other jurisdiction. 36.2. The Authority may terminate the Contract with immediate effect by notice in writing where the Contractor is an individual and: 36.2.1. an application for an interim order is made pursuant to sections 252- 253 of the Insolvency ▇▇▇ ▇▇▇▇ or a proposal is made for any composition scheme or arrangement with, or assignment for the benefit of, the Contractor’s creditors; or 36.2.2. a debt relief order or a debt restriction order has been made in respect of him; or 36.2.3. a petition is presented and not dismissed within fourteen (14) days or order made the Contractor’s bankruptcy; or 36.2.4. 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 36.2.5. 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 ▇▇▇ ▇▇▇▇; or 36.2.6. 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 fourteen (14) days; or 36.2.7. he dies or is adjudged incapable of managing his affairs within the meaning of Part VII of the Mental ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ 36.3. The Authority may terminate the Contract with immediate effect by notice in writing where the Contractor is a partnership and: 36.3.1. a proposal is made for a voluntary arrangement within Article 4 of the Insolvent Partnerships Order 1994 or a proposal is made for any other composition, scheme or arrangement with or assignment for the benefit of its creditors; or 36.3.2. it is for any reason dissolved; or 36.3.3. a petition is presented for its winding up or for the making of ay administrative order, or an application is made for the appointment of a provisional liquidator; or 36.3.4. a receiver, or similar officer, is appointed over the whole or any part of its assets; or 36.3.5. the partnership is deemed unable to pay its debts within the meaning of section 222 or 223 of the Insolvency ▇▇▇ ▇▇▇▇ as applied and modified by the Insolvent Partnerships Order 1994; or 36.3.6. any of the following occurs in relation to any of its partners: 36.3.6.1. an application for an interim order is made pursuant to sections 252-253 of the Insolvency ▇▇▇ ▇▇▇▇ or a proposal is made for any composition scheme or arrangement with, or assignment for the benefit of his creditors; or 36.3.6.2. a petition is presented for his bankruptcy; or 36.3.6.3. a receiver, or similar officer, is appointed over the whole or any part of his assets. 36.4. The Authority may terminate the Contract with immediate effect by notice in writing where the Contractor is a limited liability partnership and: 36.4.1. a proposal is made for a voluntary arrangement within Part I of the Insolvency ▇▇▇ ▇▇▇▇ or a proposal is made for any other composition, scheme or arrangement with, or assignment for the benefit of, its creditors; or 36.4.2. it is for any reason dissolved; or 36.4.3. an application 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 within Part II of the Insolvency ▇▇▇ ▇▇▇▇; or 36.4.4. any step is taken with a view to it being determined that it be wound up (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation) within Part IV of the Insolvency ▇▇▇ ▇▇▇▇; or 36.4.5. a petition is presented for its winding up (which is not dismissed within fourteen (14) days of its service) or an application is made for the appointment of a provisional liquidator within Part IV of the Insolvency ▇▇▇ ▇▇▇▇; or 36.4.6. a receiver, or similar officer, is appointed over the whole or any part of its assets; or 36.4.7. it is or becomes unable to pay its debts within the meaning of section 123 of the Insolvency ▇▇▇ ▇▇▇▇; or 36.4.8. a moratorium comes into force pursuant to Schedule A1 of the Insolvency ▇▇▇ ▇▇▇▇ 36.4.9. References to the Insolvency ▇▇▇ ▇▇▇▇ in clause 36.4.1 shall be construed as references to that Act as applied under the Limited Liability Partnerships Act 2000 subordinate legislation. 36.5. The Contractor shall notify the Authority immediately of a change of control within the meaning of section 416 of the Income and Corporation Taxes Act 1988 ("change of control"). Where in the reasonable opinion of the Authority the change is likely to result in an adverse effect on the provision of the Goods or Services the Authority may terminate the Contract by notice in writing with immediate effect within six (6) Months of: 36.5.1. being notified that a change of control has occurred; or 36.5.2. where no notification has been made, the date that the Authority becomes aware of the change of control, but shall not be permitted to terminate where an Approval was granted prior to the change of control.

Appears in 1 contract

Sources: Call Off Contract