Additional Sales Sample Clauses

Additional Sales. If at any time prior to a proposed Transfer such member of the Spell Group wishes to Transfer a greater number of shares than that originally proposed, such member of the Spell Group shall notify each Holder immediately of the additional number of shares being proposed for Transfer. Each Holder may require the proposed transferee to purchase from such Holder a number of additional Warrant Shares (issued or represented by outstanding Warrants) determined in accordance with 6.3(a) above but based upon the number of additional shares the proposed transferee desires to purchase. The additional tag-along rights provided by this Section 6.3(c) shall be exercised by any Holder within ten (10) Business Days following the date of the giving of the supplementary notice by such member of the Spell Group by delivery of written notice indicating its desire to exercise its additional rights under this Section 6.3(c) and the number of shares such Holder wishes to Transfer, if less than the number which such Holder is entitled to Transfer under Section 6.3(a) and this Section 6.3(c).
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Additional Sales. For a period of 180 days after the date of ---------------- the Prospectus, the Company will not, without the prior written consent of Fechtor Xxxxxxxx, directly or indirectly, register, offer, sell, offer to sell, contract to sell, hypothecate, pledge or otherwise dispose of any shares of Common Stock (or any security or other instrument which by its terms is convertible into, exercisable for, or changeable for shares of Common Stock), except for the grant of stock options pursuant to the Company's Stock Option Plan, and provided that such options shall not be exercisable prior to 180 days after the date of the Prospectus.
Additional Sales. The Collateral Manager may direct the applicable Collateral Agent, on behalf of the Borrower or the Investment Subsidiary, in writing to sell (and such Collateral Agent shall so sell, in the manner directed by the Collateral Manager) any Collateral Loan at any time; provided that such disposition is on terms no worse to the Borrower Entities than arm’s length terms and the disposition price is a least equal to the greater of (A) its Initial Agreed Price and (B) its then current Market Price, or the Blackstone Asset Based Finance Representative has consented to such disposition (in its sole and absolute discretion).
Additional Sales. From time to time hereafter any Seller or any other Affiliate of FIFS that becomes a party to an Accession Agreement, will sell, transfer and assign to the Purchaser additional items of Property acquired by such seller under any Securitization. Each such sale, transfer and assignment shall be made pursuant to, and subject to the terms and conditions of, an Accession Agreement.
Additional Sales. It is understood and agreed that Xxxxxx Xxxxx, Xxx Xxxxxx or Xxxxx Xxxxx & Xxx Xxxxxx co-tteee Trust fbo Moshe, Chana, Xxxxxx Xxxxx u/a dtd 11/01/1998 will be entitled to sell 17,280 shares of Common Stock held by them in the Offering, in which case they will execute joinders to this Agreement. * * * *
Additional Sales. Seller agrees that except for a total of 4,944,445 Shares which are being sold as of February 20, 2004, on the same terms as in this letter agreement, the Seller will not sell, agree to sell or deliver any other Shares until March 8, 2004.
Additional Sales. At the option of Vault, COVR agrees to issue and sell to Vault and Vault agrees to pay for and acquire from COVR, up to an additional 960,000 Units at the Purchase Price Per Unit for an aggregate purchase price of $1,000,000 through the sale and purchase of 320,000 shares on each of the Subsequent Closing Dates (as hereinafter defined) for an aggregate purchase price of $200,000 on each such Subsequent Closing Date.
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Related to Additional Sales

  • Optional Sales (a) The Borrower shall have the right to sell all or a portion of the Collateral Obligations (each, an “Optional Sale”), subject to the following terms and conditions:

  • Gross Sales Notwithstanding anything in the Lease to the contrary the definition of Gross Sales shall be as follows:

  • Net Sales The term “

  • Additional Services In addition to, and neither in lieu nor in contravention of, the services set forth in the above paragraph, the Transfer Agent shall perform the following services:

  • Price Increases GlobalCenter shall not increase the prices for services during the initial term of any Service Order, but may thereafter change prices upon sixty (60) days written notice.

  • Additional Support In the event that none of the Company, the Guarantor or any of their Affiliates purchases the Facility from the Lessor pursuant to the Lease, the parties hereto agree to negotiate in good faith to provide to the Lessor such support in addition to that provided for in this Agreement as the Lessor reasonably may deem necessary to maintain, use, occupy and operate the Facility for the Permitted Use or any other purpose requested by the Lessor.

  • Manufacturing Costs In the event of termination by Merck pursuant to Section 6.2, 6.3 or 6.6 above, Merck shall be entitled to [*****] (as defined herein) incurred by Merck for its Compound Delivered for the Study. [*****]

  • Sales Milestone Payments Licensee shall notify MTI of any Calendar Year in which annual Net Sales of a Licensed Product in such Calendar Year in all countries in the Territory reach the following thresholds for the first time within [***] days after the end of such Calendar Year, and shall make the following sales milestone payments to MTI within [***] days after receiving an invoice from MTI therefor: Annual Net Sales Threshold Sales Milestone Payment [***] [***] [***] [***] [***] [***] Each sales milestone payment is separate and may only be earned once for each Licensed Product, irrespective of the number of times such thresholds are achieved for such Licensed Product, but if more than one Net Sales threshold is reached in the same Calendar Year, all corresponding sales milestone payments shall be payable during such Calendar Year. For example, if annual Net Sales of a Licensed Product first reach [***] dollars [***] in Calendar Year 1, [***] dollars [***] shall be payable to MTI for such Calendar Year 1, however, if annual Net Sales of a Licensed Product first reach [***] dollars ($500,000,000) in Calendar Year 2 [***] Portions of this exhibit have been redacted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission. (without first reaching [***] dollars [***] in Calendar Year 1), then both the [***] dollars [***] and the [***] dollars [***] sales milestone payments would be payable to MTI for such Calendar Year 2. Net Sales of the Co-Exploited Product in the United States, which are subject to profit and loss sharing pursuant to the Co-Exploitation Terms, shall be excluded from the annual Net Sales of such Co-Exploited Product for purposes of this Section 7.10.

  • Combination Products If a LICENSED PRODUCT is sold to any third party in combination with other products, devices, components or materials that are capable of being sold separately and are not subject to royalties hereunder (“OTHER PRODUCTS,” with the combination of products being referred to as “COMBINATION PRODUCTS” and the Other Product and Licensed Product in such Combination Product being referred to as the “COMPONENTS”), the NET SALES of such LICENSED PRODUCT included in such COMBINATION PRODUCT shall be calculated by multiplying the NET SALES of the COMBINATION PRODUCT by the fraction A/(A+B), where A is the average NET SALES price of such LICENSED PRODUCT in the relevant country, as sold separately, and B is the total average NET SALES price of all OTHER PRODUCTS in the COMBINATION PRODUCT in the relevant country, as sold separately. If, in any country, any COMPONENT is not sold separately, NET SALES for royalty determination shall be determined by the formula [C / (C+D)], where C is the aggregate average fully absorbed cost of the Licensed Product components during the prior Royalty Period and D is the aggregate average fully absorbed cost of the other essential functional components during the prior Royalty Period, with such costs being determined in accordance with generally accepted accounting principles. To the extent that any SUBLICENSE INCOME relates to a COMBINATION PRODUCT or is otherwise calculated based on the value of one or more licenses or intellectual property rights held by the COMPANY, an AFFILIATE or SUBLICENSEE, COMPANY shall determine in good faith and report to THE PARTIES the share of such payments reasonably attributable to COMPANY’s or such AFFILIATE’s sublicense of the rights granted hereunder, based upon their relative importance and proprietary protection, which portion shall be the SUBLICENSE INCOME. THE PARTIES shall have the right to dispute such sharing determination in accordance with the dispute provisions of the AGREEMENT.

  • Term Sales If the Company wishes to sell the Shares pursuant to this Agreement but other than as set forth in Section 2(b) of this Agreement (each, a “Placement”), the Company will notify the Manager of the proposed terms of such Placement. If the Manager, acting as principal, wishes to accept such proposed terms (which it may decline to do for any reason in its sole discretion) or, following discussions with the Company wishes to accept amended terms, the Manager and the Company will enter into a Terms Agreement setting forth the terms of such Placement. The terms set forth in a Terms Agreement will not be binding on the Company or the Manager unless and until the Company and the Manager have each executed such Terms Agreement accepting all of the terms of such Terms Agreement. In the event of a conflict between the terms of this Agreement and the terms of a Terms Agreement, the terms of such Terms Agreement will control. A Terms Agreement may also specify certain provisions relating to the reoffering of such Shares by the Manager. The commitment of the Manager to purchase the Shares pursuant to any Terms Agreement shall be deemed to have been made on the basis of the representations and warranties of the Company herein contained and shall be subject to the terms and conditions herein set forth. Each Terms Agreement shall specify the number of the Shares to be purchased by the Manager pursuant thereto, the price to be paid to the Company for such Shares, any provisions relating to rights of, and default by, underwriters acting together with the Manager in the reoffering of the Shares, and the time and date (each such time and date being referred to herein as a “Time of Delivery”) and place of delivery of and payment for such Shares. Such Terms Agreement shall also specify any requirements for opinions of counsel, accountants’ letters and officers’ certificates pursuant to Section 6 of this Agreement and any other information or documents required by the Manager.

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