DLA Sample Clauses

DLA. The terms and conditions of this Section 4 are expressly subject to the pre-existing rights and obligations of Durect pursuant to the DLA. To the extent the DLA permits PTI or its Sublicensees (as such term is defined in the DLA) to prepare, file, prosecute, maintain or enforce intellectual property rights, or defend against a claim of infringement or misappropriation, PTI hereby grants such rights to King as follows.
DLA. Scrips and Marlex entered into a Joint Operating Agreement, effective May, 2012. The Joint Operating Agreement is hereby superseded as set forth herein. Marlex shall pay to Scrips: (a) the sum of Two Hundred Fifty Thousand Seven Hundred Twelve Dollars ($250,712.00); (b) the sum of One Hundred Forty-Eight Thousand Dollars ($148,000); (c) monthly payments equal to the sum of One Thousand Four Hundred Eighty Dollars ($1480.00) commencing September 30, 2013 for interest until 30,300 additional bottles are sold; (d) the sum of Eight Dollars ($8.00) which represents 40% of the Royalty of Twenty ($20.00) as a royalty payment for each bottle sold to the DLA between the date of the Agreement and when 30,300 additional bottles have been sold; (e) the sum equal to 40% of the profit on shipments to the DLA (net of costs of goods, which is Four Hundred Eighty Dollars ($480.00) per bottle, net of monthly Interest, which is Three Thousand Seven Hundred Dollars ($3,700.00), net of Royalties which is Twenty Dollars ($20.00) per bottle, and net of Development 72 LLC Fees) between the date of the Agreement and when 30,300 additional bottles are sold; and (f) interest at the actual rate charged by Development 72 LLC (but no more than 0.6% per full or partial 10 days increments for outstanding funds provided by Development 72 LLC to Marlex (through Scrips) will be reduced by Scrips to Marlex the amount of Sixty Thousand Six Hundred ($60,600) Interest. Scrips will pay Development 72 LLC in monthly payments of Four Thousand Forty Dollars ($4,040.00) Interest between the date of this Agreement and when 30,300 additional bottles are sold. Marlex will not be liable for the Sixty Thousand Six Hundred ($60,600) Interest.
DLA. (a) The Lender (i) terminates the DLA pursuant to (x) Section 14.3(b) or (y) Section 14.3(c) thereof or (ii) the Borrower fails to deliver (A) the report required to be delivered pursuant to the [***] SOW on or prior to the last Business Day of the first quarter of the calendar year 2020, as such date may be extended pursuant to Section 2.2(f) or (B) the report required to be delivered pursuant to the [***] SOW on or prior to the last Business Day of the first quarter of the calendar year 2021, as such date may be extended pursuant to Section 2.2(f), or (b) the Borrower terminates the DLA pursuant to (x) Section 14.3(b) or (y) Section 14.3(c) thereof.
DLA. (a) The Lender (i) terminates the DLA pursuant to (x) Section 14.3(b) or (y) Section 14.3(c) thereof or (ii) the Borrower fails to deliver (A) the report required to be delivered pursuant to the [***] SOW on or prior to the last Business Day of the first quarter of the calendar year 2020, as such date may be extended pursuant to Section 2.2(f) or (B) the report required to be delivered pursuant to the [***] SOW on or prior to the last Business Day of the first quarter of the calendar year 2021, as such date may be extended pursuant to Section 2.2(f) or (C) the report required to be delivered pursuant to the [***]-SOW on or prior to the last Business Day of the first quarter of the calendar year 2021, as such date may be extended pursuant to Section 2.2(f), or (b) the Borrower terminates the DLA pursuant to (x) Section 14.3(b) or (y) Section 14.3(c) thereof.” 1.10 The definition ofClosing Dates” is amended and restated in its entirety as follows:
DLA. The E-3 SPO will assess the results of DLA in achieving coordinated performance expectations. MICAP grounding hours, MICAP non-grounding hours and stockage effectiveness indicators for each ▇▇▇ ▇▇▇▇▇▇ (▇▇▇, ▇▇▇, ▇▇▇, ▇▇▇ ▇▇▇) will be tracked separately using the ranges identified in annexes B, C, and D and E. The PAR will be based on an overall DLA assessment using the attached Annex A.

Related to DLA

  • Opinions of Company Counsel On the Commencement Date, the Investor shall have received the opinion and negative assurances from outside counsel to the Company, dated the Commencement Date, in the forms mutually agreed to by the Company and the Investor prior to the date of this Agreement.

  • Company Counsel Opinions On the Closing Date and/or the Option Closing Date, the Representative shall have received: (i) the favorable opinion of ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ LLP, counsel to the Company, addressed to the Underwriters, in form and substance reasonably satisfactory to the Underwriters and a negative assurance letter, addressed to the Underwriters, in form and substance reasonably satisfactory to the Representative; (ii) the favorable opinion of ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ law Firm, PRC counsel to the Company, addressed to the Underwriters, in form and substance reasonably satisfactory to the Representative; and (iii) the favorable opinion of ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (Cayman) LLP, Cayman Islands counsel to the Company, addressed to the Underwriters, in form and substance reasonably satisfactory to the Representative. The Underwriters and their counsel shall rely on the opinions of (i) the Company’s Cayman Islands counsel, Mourant Ozannes (Cayman) LLP, filed as Exhibit 5.1 to the Registration Statement, as to the due incorporation and validity of the Offered Securities and the Underlying Shares and (ii) the Company’s PRC counsel, Jiangsu Junjin law Firm, filed as Exhibit 8.1 to the Registration Statement as well as the opinions delivered on the Closing Date pursuant to this Section.

  • Opinion and Negative Assurance Letter of Counsel for the Underwriters The Representatives shall have received on and as of the Closing Date or the Additional Closing Date, as the case may be, an opinion and negative assurance letter of ▇▇▇▇▇▇ LLP, counsel for the Underwriters, with respect to such matters as the Representatives may reasonably request, and such counsel shall have received such documents and information as they may reasonably request to enable them to pass upon such matters.

  • Company Counsel Matters i. On the Closing Date, the Placement Agent shall have received the favorable opinion of H▇▇▇▇▇ and B▇▇▇▇, LLP, outside counsel for the Company counsel to the Company, dated the Closing Date and addressed to the Placement Agent, substantially in form and substance reasonably satisfactory to the Placement Agent.

  • Company Counsel Legal Opinions The Agent shall have received the opinions and negative assurance letters, as applicable, of Company Counsel and Intellectual Property Counsel required to be delivered pursuant to Section 7(n) and Section 7(o), as applicable, on or before the date on which such delivery of such opinions and negative assurance letters are required pursuant to Section 7(n) and Section 7(o), as applicable.