definiens: shall mean that, with respect to Kite, any of the following occurs : ( i ) Kite makes any arrangemen t or composition with or any assignment for the ben efit of its creditors generally ; ( ii ) a petition is present ed that is not dismissed within 120 days or a court order is made or a resolution is passed for the winding up of Kite o r for the making of an administration order or for the appointment of a provisional liquidator or a judici al factor or similar officer in relation to Kite ; ( iii ) an encumbrancer takes possession of or a trustee, rece iver, liquidator, provisional liquidator, administr ator, manager ad interim, administrative receiver, judicial facto r or similar officer is appointed, in each case for all or substantially all of Kite ’s intellectual property r ights and such appointment materially prejudices Ca baret ’s rights under this Agreement ; or ( iv ) Kite does, or suffers to be done in relation to it, any analogous action or proceeding in any jurisdiction anywhere in the worl d ( including without limitation any actions or proc eedings relating to bankruptcy law of any nature in the Uni ted States of America )