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These excerpts taken from the PGNX 10-K filed Mar 13, 2009. Termination. This
Agreement may be terminated by written notice by either Party (the “Non-Debtor Party”) at
any time during the Term (a) upon the declaration by a court of competent
jurisdiction that the other Party (the “Debtor Party”) is
bankrupt and the Debtor Party’s assets are to be liquidated, (b) upon the filing
or institution of bankruptcy, liquidation or receivership proceedings (other
than reorganization proceedings under Chapter 11 of the United States Bankruptcy
Code) with respect to the Debtor Party, (c) upon an assignment of a substantial
portion of the assets for the benefit of creditors by the Debtor Party, (d) in
the event a receiver or custodian is appointed for the Debtor Party’s business,
or (e) if a substantial portion of the Debtor Party’s business is subject to
attachment or similar process; provided, however, that in
the case of any involuntary bankruptcy proceeding such right to terminate shall
become effective only if the proceeding is not dismissed within sixty (60) days
after the filing thereof. To the extent permitted by applicable law,
the effect of a termination under this Section 10.5.1 (Termination) shall be as
described in Section 10.4.1 (Upon Termination By Progenics) in case of the
Debtor Party is Ono, and in Section 10.4.3 (Effect of Termination by Ono for
Cause) in the event the Debtor Party is Progenics.
10.5.2. Termination. This Agreement may be terminated by written notice by either Party (the “Non-Debtor Party”) at any time during the Term (a) upon the declaration by a court of competent jurisdiction that the other Party (the “Debtor Party”) is bankrupt and the Debtor Party’s assets are to be liquidated, (b) upon the filing or institution of bankruptcy, liquidation or receivership proceedings (other than reorganization proceedings under Chapter 11 of the United States Bankruptcy Code) with respect to the Debtor Party, (c) upon an assignment of a substantial portion of the assets for the benefit of creditors by the Debtor Party, (d) in the event a receiver or custodian is appointed for the Debtor Party’s business, or (e) if a substantial portion of the Debtor Party’s business is subject to attachment or similar process; provided, however, that in the case of any involuntary bankruptcy proceeding such right to terminate shall become effective only if the proceeding is not dismissed within sixty (60) days after the filing thereof. To the extent permitted by applicable law, the effect of a termination under this Section 10.5.1 (Termination) shall be as described in Section 10.4.1 (Upon Termination By Progenics) in case of the Debtor Party is Ono, and in Section 10.4.3 (Effect of Termination by Ono for Cause) in the event the Debtor Party is Progenics. 10.5.2. | EXCERPTS ON THIS PAGE:
RELATED TOPICS for PGNX: |
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