Allocation in the Event of Product Shortages Sample Clauses

Allocation in the Event of Product Shortages. (a) This Section 2.9 shall apply in the event that Exelixis is unable to supply, with respect to a Calendar Quarter, [ * ] of (i) Product ordered by Licensee pursuant to Sections 2.2 and 2.3 for delivery in such Calendar Quarter, plus (ii) Product required by Exelixis or its Affiliates or other licensees for their own use with respect to such Calendar Quarter (such event, a “Shortfall”). The purpose of these allocation rules is to permit Licensee (with respect to the Licensee Territory) and Exelixis (with respect to the Exelixis Territory) to independently make their respective long-term purchase decisions for the Product, with the benefits and risks of such purchase decisions to be allocated to Licensee or Exelixis, as the case may be.
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Allocation in the Event of Product Shortages. The following provisions of this Section 2.8 shall not limit Dynavax’s obligations under this Agreement and in particular its obligations under Sections 2.2, 2.3 and 2.4 and its obligations to indemnify the Purchaser set out in Section 9.1:
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Allocation in the Event of Product Shortages. This Section 4.16 shall apply in the event that there is insufficient material to either (1) supply to GSK Canada the number of Therapies it ordered pursuant to Sections 4.3(b) and 4.3(c) or (2) fulfill Corixa's pending orders for Therapies for use in the Corixa Territory. It shall also apply if the combined number of Therapies that GSK Canada, Corixa, SB and Corixa's other licensees in the Corixa Territory wish to obtain exceed the capacity of the relevant Third Party manufacturers. If the problem is due to insufficient quantities of Iodine I 131 Tositumomab (arising from radiolabeling constraints rather than Tositumomab shortages), then the available Therapies shall be allocated in accordance with Section 4.16(a). If the problem is due to insufficient quantities of Tositumomab, then the available Therapies shall be allocated in accordance with Section 4.16(b). The purpose of these allocation rules is to permit GSK Canada (with respect to the Territory) and Corixa independently (with respect to the Corixa Territory) to make their respective long-term purchase decisions for Therapies, with the benefits and risks of such purchase decisions to be allocated to GSK Canada or Corixa, as the case may be.
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Allocation in the Event of Product Shortages. (a) ALLOCATION OF IODINE I 131 TOSITUMOMAB. In the event of shortages in a batch of Iodine I 131 Tositumomab such that either (i) Corixa is unable to supply to Amersham from such batch the amount of Corixa Iodine I 131 Tositumomab estimated to be supplied by Corixa to Amersham per batch in accordance with Section 3.2(b), or (ii) there is insufficient material to supply to Corixa from such batch Corixa's pending order for Iodine I 131 Tositumomab for use in the Corixa Territory, then any Iodine I 131 Tositumomab material produced by Nordion, Kanata, from the facility in existence as of the Effective Date, shall be allocated as follows: [*]. If after the Effective Date, Corixa, alone or together with one or more of Corixa's partners in the Corixa Territory, [*] expansion at Nordion, Kanata, or builds a second site for production of Iodine I 131 Tositumomab, this expanded capacity shall not be available to Amersham unless Amersham [*] of the additional capacity. If [*] is provided by Amersham, apportionment of available Iodine I 131 Tositumomab for use in the Territory shall be limited to the equivalent percentage of [*] by Amersham. Shortages of Iodine I 131 Tositumomab which arise from shortages of Tositumomab rather than a capacity constraint in connection with radiolabeling shall not be allocated in accordance with this Section 3.11(a), but rather the available Tositumomab shall be radiolabeled for use in the Territory or Corixa Territory in accordance with the allocation by territory set forth in Section 3.11(b), unless the Parties then agree differently.
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Allocation in the Event of Product Shortages. This Section 2.8 shall apply in the event that Impax is unable to supply, with respect to a calendar quarter, the total quantity of (a) Product ordered by GSK pursuant to Section 2.3 for delivery in such calendar quarter plus (b) Product required by Impax or its Affiliates or licensees, with respect to such calendar quarter, for use to fulfill Impax’s Development responsibilities pursuant to Section 4.2 of the License Agreement or for use outside the Licensed Territory, wherein such Product is Manufactured to the same applicable Specification (such event, a “Shortfall”). The purpose of these allocation rules is to permit GSK (with respect to the Licensed Territory) and Impax (with respect to its Development responsibilities pursuant to Section 4.2 of the License Agreement and with respect to countries outside the Licensed Territory) to independently make their respective long-term purchase decisions for the Product, with the benefits and risks of such purchase decisions to be allocated to GSK or Impax, as the case may be. In the event of a Shortfall, Impax shall not be obligated to fulfill any portion of any GSK order for such Product scheduled for delivery in that calendar quarter that exceeds one hundred percent (100%) of the quantity forecasted for any month in such calendar quarter when such month was the sixth (6th) month in the applicable forecast. If Impax is still unable to supply the total quantity of (i) Product ordered by GSK pursuant to Section 2.3 (to the extent the quantity so ordered does not exceed one hundred percent (100%) of the quantity forecasted for such month when it was the sixth (6th) month in the applicable forecast) plus (ii) Product required by Impax or its Affiliates or licensees for use to fulfill Impax’s Development responsibilities pursuant to Section 4.2 of the License Agreement or for use outside the Licensed Territory, wherein such Product is Manufactured to the same applicable Specification, then the available Product that is Manufactured to such applicable Specification in each calendar quarter in which a Shortfall occurs shall be allocated as between GSK (including its Affiliates and sublicensees) and Impax (including its Affiliates and its licensees outside the Licensed Territory) pro rata on the basis of the aggregate quantities scheduled for delivery in that calendar quarter based upon GSK’s orders for such calendar quarter (to the extent the quantity so ordered for each month in such calendar quarter does not excee...
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Allocation in the Event of Product Shortages. (a) This Section 2.8 shall apply in the event that Rigel is unable to supply, with respect to a Calendar Quarter, [*] (i) Product ordered by Kissei pursuant to Sections 2.2 and 2.3 for delivery in such Calendar Quarter, plus (ii) Product required by Rigel or its Affiliates or other licensees for their own use with respect to such Calendar Quarter (such event, a “Shortfall”). The purpose of these allocation rules is to permit Kissei (with respect to the Kissei Territory) and Rigel (with respect to the Rigel Territory) to independently make their respective long-term purchase decisions for the Product, with the benefits and risks of such purchase decisions to be allocated to Kissei or Rigel, as the case may be.
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Allocation in the Event of Product Shortages. This Section 4.16 shall apply in the event that there is insufficient material to either (1) supply to GSK Canada the number of Therapies it ordered pursuant to Sections 4.3(b) and 4.3(c) or (2) fulfill Corixa's pending orders for Therapies for use in the Corixa Territory. It shall also apply if the combined number of Therapies that GSK Canada, Corixa, SB and Corixa's other licensees in the Corixa Territory wish to obtain exceed the capacity of the relevant Third Party manufacturers. If the problem is due to insufficient quantities of Iodine I 131 Tositumomab (arising from radiolabeling constraints rather than Tositumomab shortages), then the available Therapies shall be allocated in accordance with Section 4.16(a). If the problem is due to insufficient quantities of Tositumomab, then the available Therapies shall be allocated in accordance with Section 4.16(b). The purpose of these allocation rules is to permit GSK Canada (with respect to the Territory) and Corixa independently (with respect to the Corixa Territory) to make their respective long-term purchase decisions for Therapies, with the benefits and risks of such purchase decisions to be allocated to GSK Canada or Corixa, as the case may be. (a) IODINE I 131 TOSITUMOMAB. (i) Any Iodine I 131 Tositumomab material from an insufficient batch produced by Nordion, from the facility in Kanata in existence as of the 37. <PAGE> Effective Date, shall be allocated as follows: [*] of the manufactured vials in such batch shall be allocated to the Territory and [*] of the manufactured vials in such batch shall be allocated for use by Corixa in the Corixa Territory (rounded to the nearest whole vial on weekly basis). If after the Effective Date, Corixa ceases to have any obligation to supply Iodine I 131 Tositumomab for use in Europe, then Corixa shall notify GSK Canada in writing and, commencing with the [*], the amount that Corixa had been obligated to allocate to Europe under the circumstances set forth in this Section 4.16(a)(i), shall be [*] between the Territory and the United States portion of the Corixa Territory based on [*]. Such allocation to GSK Canada shall be in addition to the [*] allocation specified in the first sentence of this Section 4.16(a)(i). (ii) If after the Effective Date, Corixa, alone or together with one or more of Corixa's partners in the Corixa Territory, [*] shall not be available to GSK Canada unless (1) GSK Canada [*] or (2) the [*], provided that such [*]. Corixa shall provide G...
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Allocation in the Event of Product Shortages 
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Related to Allocation in the Event of Product Shortages

  • Allocation of Realized Losses Prior to each Distribution Date, the Master Servicer shall determine the total amount of Realized Losses, if any, that resulted from any Cash Liquidation, Servicing Modification, Debt Service Reduction, Deficient Valuation or REO Disposition that occurred during the related Prepayment Period or, in the case of a Servicing Modification that constitutes a reduction of the interest rate on a Mortgage Loan, the amount of the reduction in the interest portion of the Monthly Payment due during the related Due Period. The amount of each Realized Loss shall be evidenced by an Officers' Certificate. All Realized Losses, other than Excess Special Hazard Losses, Extraordinary Losses, Excess Bankruptcy Losses or Excess Fraud Losses, shall be allocated as follows: first, to the Class B-3 Certificates until the Certificate Principal Balance thereof has been reduced to zero; second, to the Class B-2 Certificates until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class B-1 Certificates until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-3 Certificates until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-2 Certificates until the Certificate Principal Balance thereof has been reduced to zero; sixth, to the Class M-1 Certificates until the Certificate Principal Balance thereof has been reduced to zero; and, thereafter, if any such Realized Losses are on a Discount Mortgage Loan, to the Class A-P Certificates in an amount equal to the Discount Fraction of the principal portion thereof, and the remainder of such Realized Losses on the Discount Mortgage Loans and the entire amount of such Realized Losses on Non-Discount Mortgage Loans will be allocated among all the Senior Certificates (other than the Class A-V Certificates and Class A-P Certificates) in the case of the principal portion of such loss on a pro rata basis and among all of the Senior Certificates (other than the Class A-P Certificates) in the case of the interest portion of such loss on a pro rata basis, as described below. Any Excess Special Hazard Losses, Excess Bankruptcy Losses, Excess Fraud Losses, Extraordinary Losses on Non-Discount Mortgage Loans will be allocated among the Senior Certificates (other than the Class A-P Certificates) and Subordinate Certificates, on a pro rata basis, as described below. The principal portion of such Realized Losses on the Discount Mortgage Loans will be allocated to the Class A-P Certificates in an amount equal to the Discount Fraction thereof and the remainder of such Realized Losses on the Discount Mortgage Loans and the entire amount of such Realized Losses on Non- Discount Mortgage Loans will be allocated among the Senior Certificates (other than the Class A-P Certificates) and Subordinate Certificates, on a pro rata basis, as described below. As used herein, an allocation of a Realized Loss on a "pro rata basis" among two or more specified Classes of Certificates means an allocation on a pro rata basis, among the various Classes so specified, to each such Class of Certificates on the basis of their then outstanding Certificate Principal Balances prior to giving effect to distributions to be made on such Distribution Date in the case of the principal portion of a Realized Loss or based on the Accrued Certificate Interest thereon payable on such Distribution Date (without regard to any Compensating Interest for such Distribution Date) in the case of an interest portion of a Realized Loss. Except as provided in the following sentence, any allocation of the principal portion of Realized Losses (other than Debt Service Reductions) to a Class of Certificates shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, which allocation shall be deemed to have occurred on such Distribution Date; provided that no such reduction shall reduce the aggregate Certificate Principal Balance of the Certificates below the aggregate Stated Principal Balance of the Mortgage Loans. Any allocation of the principal portion of Realized Losses (other than Debt Service Reductions) to the Subordinate Certificates then outstanding with the Lowest Priority shall be made by operation of the definition of "Certificate Principal Balance" and by operation of the provisions of Section 4.02(a). Allocations of the interest portions of Realized Losses (other than any interest rate reduction resulting from a Servicing Modification) shall be made in proportion to the amount of Accrued Certificate Interest and by operation of the definition of "Accrued Certificate Interest" and by operation of the provisions of Section 4.02(a). Allocations of the interest portion of a Realized Loss resulting from an interest rate reduction in connection with a Servicing Modification shall be made by operation of the provisions of Section 4.02(a). Allocations of the principal portion of Debt Service Reductions shall be made by operation of the provisions of Section 4.02(a). All Realized Losses and all other losses allocated to a Class of Certificates hereunder will be allocated among the Certificates of such Class in proportion to the Percentage Interests evidenced thereby; provided that if any Subclasses of the Class A-V Certificates have been issued pursuant to Section 5.01(c), such Realized Losses and other losses allocated to the Class A-V Certificates shall be allocated among such Subclasses in proportion to the respective amounts of Accrued Certificate Interest payable on such Distribution Date that would have resulted absent such reductions.

  • Ameliorative Allocations Any special allocations of income or gain pursuant to Sections 5.05(b) or 5.05(c) hereof shall be taken into account in computing subsequent allocations pursuant to Section 5.04 and this Section 5.05(g), so that the net amount of any items so allocated and all other items allocated to each Partner shall, to the extent possible, be equal to the net amount that would have been allocated to each Partner if such allocations pursuant to Sections 5.05(b) or 5.05(c) had not occurred.

  • Corrective Allocations In the event of any allocation of Additional Book Basis Derivative Items or any Book-Down Event or any recognition of a Net Termination Loss, the following rules shall apply:

  • Curative Allocations The allocations set forth in Sections 6.4.A(i), (ii), (iii), (iv), (v), (vi) and (vii) hereof (the “Regulatory Allocations”) are intended to comply with certain regulatory requirements, including the requirements of Regulations Sections 1.704-1(b) and 1.704-2. Notwithstanding the provisions of Sections 6.1 and 6.2 hereof, the Regulatory Allocations shall be taken into account in allocating other items of income, gain, loss and deduction among the Holders so that to the extent possible without violating the requirements giving rise to the Regulatory Allocations, the net amount of such allocations of other items and the Regulatory Allocations to each Holder shall be equal to the net amount that would have been allocated to each such Holder if the Regulatory Allocations had not occurred.

  • Misallocations In the event that at any time or from time to time (whether prior to, at or after the Effective Time), one Party (or any member of such Party’s Group) shall receive or otherwise possess any Asset that is allocated to the other Party (or any member of such Party’s Group) pursuant to this Agreement or any Ancillary Agreement, such Party shall promptly transfer, or cause to be transferred, such Asset to the Party so entitled thereto (or to any member of such Party’s Group), and such Party (or member of such Party’s Group) shall accept such Asset. Prior to any such transfer, the Person receiving or possessing such Asset shall hold such Asset in trust for such other Person. In the event that at any time or from time to time (whether prior to, at or after the Effective Time), one Party hereto (or any member of such Party’s Group) shall receive or otherwise assume any Liability that is allocated to the other Party (or any member of such Party’s Group) pursuant to this Agreement or any Ancillary Agreement, such Party shall promptly transfer, or cause to be transferred, such Liability to the Party responsible therefor (or to any member of such Party’s Group), and such Party (or member of such Party’s Group) shall accept, assume and agree to faithfully perform such Liability.

  • Realized Losses Realized Losses shall be allocated first against the Overcollateralization Amount, until the Overcollateralization Amount has been reduced to zero. If, after giving effect to the distribution of the Principal Distribution Amount on any Distribution Date the aggregate Class Certificate Balance of the Offered Certificates exceeds the Pool Principal Balance as of the end of the related Due Period, such excess will be allocated against the Class B-3, Class B-2, Class B-1, Class M-6, Class M-5, Class M-4, Class M-3, Class M-2 and Class M-1 Certificates, in that order and until the respective Class Certificate Balances thereof are reduced to zero.

  • Reduction of Servicing Compensation in Connection with Prepayment Interest Shortfalls In the event that any Mortgage Loan is the subject of a Prepayment Interest Shortfall, the Servicer shall, from amounts in respect of the Servicing Fee for such Distribution Date, deposit into the Collection Account, as a reduction of the Servicing Fee for such Distribution Date, no later than the Servicer Remittance Date immediately preceding such Distribution Date, an amount up to the Prepayment Interest Shortfall; provided that the amount so deposited shall not exceed the Compensating Interest for such Distribution Date. In case of such deposit, the Servicer shall not be entitled to any recovery or reimbursement from the Depositor, the Trustee, the Issuing Entity or the Certificateholders. With respect to any Distribution Date, to the extent that the Prepayment Interest Shortfall exceeds Compensating Interest (such excess, a "Non-Supported Interest Shortfall"), such Non-Supported Interest Shortfall shall reduce the Current Interest with respect to each Class of Certificates, pro rata based upon the amount of interest each such Class would otherwise be entitled to receive on such Distribution Date. Notwithstanding the foregoing, there shall be no reduction of the Servicing Fee in connection with Prepayment Interest Shortfalls related to the Relief Act or bankruptcy proceedings and the Servicer shall not be obligated to pay Compensating Interest with respect to Prepayment Interest Shortfalls related to the Relief Act or bankruptcy proceedings.

  • Clean-Up Period (a) Notwithstanding any other provision of any Finance Document:

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