Entitlement to Proceeds. Other than the Corporation, there is no person that is or will be entitled to demand any of the net proceeds of the Offering.
Entitlement to Proceeds. Other than the Corporation, there is no Person that is or will be entitled to the proceeds of the Offering under the terms of any Material Agreement, Debt Instrument, or other instrument or document (written or unwritten).
Entitlement to Proceeds. Any damages, profits and awards of whatever nature recovered by a Party in any proceedings referred to in this Section 5.3 shall be retained solely by the Party directing or defending such suit or proceeding. In any such proceedings, the Party bringing or defending the proceedings (the “Active Party”) and the other Party (the “Inactive Party”) will bear all of its own costs, including attorneys’ fees, relating to such legal proceedings; provided that the Active Party shall bear the Inactive Party’s out-of-pocket expenses, including attorneys’ fees, incurred in complying with requests for cooperation made by the Active Party. The Inactive Party shall promptly provide the Active Party with all documents and assistance as the Active Party may reasonably require. The Active Party shall promptly provide the Inactive Party with notice of such proceedings and keep the Inactive Party regularly informed of progress and promptly provide the Inactive Party with such information as the Inactive Party may reasonably require including copies of all documents filed at court in the proceedings.
Entitlement to Proceeds. Other than the Company (and the Underwriting Fee and expenses in respect of the Underwriters), there is no person that is or will be entitled to the proceeds of the Offering under the terms of any Material Agreement, or other instrument or document (written or unwritten);
Entitlement to Proceeds. Other than pursuant to the Red Kite Facility, there is no person that is or will be entitled to demand some or any part of the proceeds of the Asanko Share Subscription or the subscription price for the XX Xxxxx Redeemable Shares subscribed for by GF Orogen pursuant to Section 3.1(b)(v).
Entitlement to Proceeds. If either party prosecutes any demand, suit or other action as provided herein without the participation of the other party (the mere joining of the other party as a necessary party in a litigation shall not be deemed participation for purposes of this provision), the prosecuting party shall bear all expenses, legal or otherwise, and shall be exclusively entitled to all proceeds or recoveries resulting therefrom, except that if PANAX prosecutes such a demand, suit or other action without the participation of ALW PARTNERSHIP, the proceeds or recoveries therefrom, if any, shall be distributed first to PANAX for its disbursements for such expenses, legal or otherwise, and then to the parties equally; provided however that the distribution to ALW PARTNERSHIP to compensate for lost Royalties as a proportionate recovery of direct damages shall not exceed the royalty payments to which it would otherwise be entitled under this Agreement, assuming that PANAX or any Affiliate or Sublicensee had made the sales which the infringer had actually made, and the remainder of any proceeds shall be distributed to PANAX. In such case, ALW PARTNERSHIP shall not share in any award over and above the aforementioned proportionate recovery.
Entitlement to Proceeds. Other than the Corporation, Knight and the Underwriters, there is no person that is or will be entitled to demand some or any part of the proceeds of the Offering;
Entitlement to Proceeds. The party prosecuting any demand, suit or other action as provided in this Section 9.2 shall bear all expenses, legal or otherwise, thereof and shall be exclusively entitled to proceeds or recoveries resulting therefrom.
Entitlement to Proceeds. If either party prosecutes any demand, suit or other action as provided in Section 11.2 hereof without the participation of the other party (and the mere 10 joining of the other party as a necessary party pursuant to Section 11.2 hereof shall not be deemed participation for purposes of this Section 11.3), the prosecuting party shall bear all expenses, legal or otherwise, and shall be exclusively entitled to all proceeds or recoveries resulting therefrom.
Entitlement to Proceeds. The Issuer shall own and be entitled to receive with respect to each Mortgaged Property and Lease (i) all Monthly Lease Payments due thereon on and after the Effective Date and (ii) all other payments on such Mortgaged Property or Lease, other than the portion of any such payment allocable to a period prior to the Effective Date (which has been retained by the applicable Originator hereunder) and all rights under the Leases against the Tenants or otherwise, including, without limitation, rights to Insurance Proceeds, Liquidation Proceeds and Condemnation Proceeds arising on and after the Effective Date.
