As of the Effective Date. (a) Zymeworks has not received any written notice of any threatened claims or litigation seeking to invalidate or otherwise challenge the Zymeworks Patent Rights or Zymeworks’ rights therein; and (b) Zymeworks is not aware of any pending or threatened action, suit, proceeding or claim by a Third Party asserting that Zymeworks is infringing or has misappropriated or otherwise is violating any patent, trade secret or other proprietary right of any Third Party as would reasonably be expected to result in a material adverse effect upon the ability of Zymeworks to fulfill any of its obligations under this Agreement;
As of the Effective Date. Section 1.1 of the Original Agreement shall be deleted in its entirety and the following shall be inserted in its place and stead:
As of the Effective Date. A. The reference in the Table of Contents to Schedule G, Part II to “Daily Settlement Report” is deleted and “Weekly Settlement Report” is substituted therefor.
As of the Effective Date. Section 8.1 of the Credit Agreement is hereby amended by deleting subsection (p) in its entirety and replacing it with the following:
As of the Effective Date. (a) The first WHEREAS clause of the Agreement is deleted and replaced in its entirety with the following clause: “WHEREAS, Manufacturer intends to manufacture and sell different types of tank railcars meeting the Product Specifications (the “Products”);”;
As of the Effective Date. Within a reasonable period of time after the Effective Date as agreed by the Parties, BioCryst will provide and transfer to Torii copies of BioCryst Know-How that exists on the Effective Date, including all study reports related to the Development of the Licensed Product in the Field for the Territory, to the extent not previously provided to Torii and that is necessary or reasonably useful for Torii to perform the Torii Activities for the Licensed Product in the Field in the Territory in accordance with this Agreement. Certain information has been omitted from this exhibit in places marked “[***]” because it is both not material and would likely cause competitive harm to the registrant if publicly disclosed.
As of the Effective Date. (a) North Penn Bank shall be merged into Xxxxx Bank and be continued in the Surviving Institution.
As of the Effective Date. Defendants shall cease reporting negative information regarding the Loan to the major credit reporting agencies (the “CRAs”). Plaintiff acknowledges that the Defendants have no obligation to delete or otherwise alter past reporting to CRAs. Defendants are not responsible for actions taken by the CRAs or the CRAs failure to timely or accurately report information regarding the Loan. Plaintiff expressly acknowledges that the Defendants do not own or control the CRAs (which are separate entities) and is not responsible for what actions or inactions they take regarding the Loan. Plaintiff agrees that it is Plaintiff’s responsibility to contact the CRAs to verify that they have accurately reported credit information regarding the Loan and that no cause of action can or will be stated, including any for breach of this Agreement, against Defendants in the event any CRA fails to accurately report Plaintiff’s credit history. Plaintiff expressly acknowledges that he understands the limitations of Defendants in this regard, and that any action, inaction, omission and/or error by the CRAs is not and shall not be attributable to Defendants in any way.
As of the Effective Date. Section 1.1 of the Credit Agreement hereby is amended by deleting the definition of "Applicable Margin" and substituting the following therefor:
As of the Effective Date. (a) NBDC Bank shall be merged into Xxxxx Bank and be continued in the Resulting Institution.
