Expanded Capacity Sample Clauses

Expanded Capacity. In the event the Foundation desires additional expanded capacity beyond the Aggregate Minimum Supply, the Foundation may at its full discretion request a proposal from Company detailing whether and how Company would meet such increased capacity and Company will respond promptly and in good faith with such a proposal; provided, however, that nothing in this paragraph is or will be deemed a promise of future funding and any such proposal is subject to all internal reviews, processes and approvals by the Foundation and any applicable laws and regulations, and any such proposal or future funding must be reflected in a definitive written agreement between the Parties. Nothing in this GACA is a promise or obligation for either Party to enter into any future agreement.
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Expanded Capacity. (a) The Parties intend to meet demand for increased capacity by equally investing in, and jointly building (except for the expansion of the Yokkaichi Facility (not including the FVC-Japan Equipment), unless otherwise agreed upon by the Parties), and sharing, on equal or substantially equal terms, equal amounts of new capacity for NAND Flash Memory Products. Schedule 6.03 sets forth a list in order of priority of expanding the manufacturing capacity of NAND Flash Memory Products. Toshiba shall be allocated NAND Flash Memory Product capacity of [***] L/M and SanDisk shall be allocated NAND Flash Memory Product capacity of [***] L/M at the Yokkaichi Facility (not including the FVC-Japan Equipment). FVC-Japan Equipment shall be installed with a targeted maximum manufacturing capacity for NAND Flash Memory Products of [***] L/M, to be allocated to each Party on an equal basis. Toshiba shall have the right, in its sole discretion, to expand the manufacturing capacity for NAND Flash Memory Products of the Yokkaichi Facility, by up to a maximum of [***] L/M; provided, that, SanDisk shall have the right to have allocated up to [***] of any such expanded capacity so long as SanDisk commits to load such additional capacity for six (6) months, and provided, further, that Toshiba may, in its sole discretion, decrease the manufacturing capacity of the Yokkaichi Facility (not including FVC-Japan Equipment), subject to Section 7.02(b). Master Agreement [***] INDICATES THAT CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO RULE 24B-2. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.
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Expanded Capacity. Licensee will have the unilateral option to expand the design capacity of the Kinross Facility for up to an additional 60 MMGY of cellulosic ethanol in any number and amount of increments, for a total design capacity of eighty (80) MMGY of cellulosic ethanol (the “Expanded Capacity”), subject to the payment of US$[***] (“Expanded Capacity License Fee”) to Mascoma. Such option may be exercised by Licensee upon written notice to Mascoma (the “Expanded Capacity Notice”). Mascoma will deliver a basic engineering design package consistent with Section 2.3(d) for such Expanded Capacity, and Licensee will pay Mascoma PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT; [***] DENOTES OMISSIONS. TECHNOLOGY LICENSE AND SUPPLY AGREEMENT US[***] (the “Expanded Capacity Engineering Fee”) within [***] after delivery of such engineering package. Licensee will pay Mascoma an amount equal to [***]. Within [***] of the completion of the final Product Test (as described in Section 3.2 of Exhibit 2.3(e)) (as adjusted to reflect the expected performance of such Expanded Capacity including any Mascoma Process Validated Improvements and Organism Validated Improvements) for such Expanded Capacity, Licensee will pay [***].
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Expanded Capacity. 17 SECTION 7.04
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Expanded Capacity. (a) Toshiba and SanDisk intend to meet demand for increased capacity by equally investing in, and jointly building (except for the expansion of the Yokkaichi facility, unless otherwise agreed upon by Toshiba and SanDisk ), and sharing, on equal or substantially equal terms, equal amounts of new capacity for NAND Flash Memory Products. SCHEDULE 7.03(A) sets forth a list in order of priority of expanding the manufacturing capacity of NAND Flash Memory Products. Initially, Toshiba shall be allocated NAND Flash Memory Product capacity of * L/M and SanDisk shall be allocated NAND Flash Memory Product manufacturing capacity of * L/M at the Yokkaichi facility. Module II shall be constructed with a targeted maximum manufacturing capacity for NAND Flash Memory Products of * L/M, to be allocated to Toshiba and SanDisk on an equal basis. Toshiba shall have the right, in its sole discretion, to expand the manufacturing capacity for NAND Flash Memory Products of the Yokkaichi facility, by up to a maximum of * L/M; PROVIDED, THAT, SanDisk shall have the right to have allocated up to * of any such expanded capacity so long as SanDisk commits to load such additional capacity for six (6) months, and provided, further, that Toshiba may, in its sole discretion, decrease the manufacturing capacity of the Yokkaichi facility, subject to Section 8.02(b).
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Expanded Capacity. Licensee will have the unilateral option to expand the design capacity of the Kinross Facility for up to an additional 60 MMGY of cellulosic ethanol in any number and amount of increments, for a total design capacity of eighty (80) MMGY of cellulosic ethanol (the “Expanded Capacity”), subject to the payment of US[***] for each additional twenty (20) MMGY of design capacity (“Expanded Capacity License Fee”) to Mascoma. Such option may be exercised by Licensee upon written notice to Mascoma (the “Expanded Capacity Notice”). Mascoma will deliver a basic engineering design package consistent with Section 2.3(d) for such Expanded Capacity, and Licensee will pay Mascoma PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT; [***] DENOTES OMISSIONS. TECHNOLOGY LICENSE AND SUPPLY AGREEMENT US[***] (the “Expanded Capacity Engineering Fee”) within thirty (30) days after delivery of such engineering package. Licensee will pay Mascoma an amount equal to one-half (1/2) of the corresponding Expanded Capacity License Fee minus the Expanded Capacity Engineering Fee within thirty (30) days after mechanical completion of the Expanded Capacity. Within thirty (30) days of the completion of the final Product Test (as described in Section 3.2 of Exhibit 2.3(e)) (as adjusted to reflect the expected performance of such Expanded Capacity including any Mascoma Process Validated Improvements and Organism Validated Improvements) for such Expanded Capacity, Licensee will pay the remaining one-half (1/2) of the corresponding Expanded Capacity License Fee provided, however, that such remaining amount shall be subject to reduction by the amount by which such Expanded Capacity License Fee may be reduced pursuant to Section 3.2 of Exhibit 2.3(e). The Expanded Capacity License Fee will be calculated on a pro rata basis; thus, for example, if Licensee only adds an additional ten (10) MMGY, it will be responsible for an Expanded Capacity License Fee equal to US[***]. Such additional fee will also include the same commitments from Mascoma in this Agreement including without limitation the supply of Organisms without additional fees or costs for the Expanded Capacity. But, in all instances, the Expanded Capacity License Fee will be proportionally adjusted based upon the design Expanded Capacity increase.
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Expanded Capacity 
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Related to Expanded Capacity

  • Power and Capacity Each Shareholder has the power, authority and capacity to enter into this Agreement and to consummate the transactions contemplated hereby. This Agreement constitutes each Shareholders’s valid, legal and binding obligation and is enforceable against such Shareholder in accordance with its terms, subject, however, as to enforcement, to bankruptcy, insolvency, fraudulent transfer, moratorium and similar laws of general applicability relating to or affecting creditors’ rights; SUNO — Corporate Status and Capacity

  • Agent Capacities Except as expressly provided herein or in the Credit Agreement Collateral Documents, Credit Suisse is acting in the capacities of Administrative Agent and Credit Agreement Collateral Agent solely for the Credit Agreement Secured Parties. Except as expressly provided herein or in the Additional First-Lien Security Documents, [ ] is acting in the capacity of Additional First-Lien Collateral Agent solely for the Additional First-Lien Secured Parties. Except as expressly set forth herein, none of the Administrative Agent, the Credit Agreement Collateral Agent or the Additional First-Lien Collateral Agent shall have any duties or obligations in respect of any of the Collateral, all of such duties and obligations, if any, being subject to and governed by the applicable Secured Credit Documents.

  • Legal Capacity All parties to the Mortgage Note and the Mortgage had legal capacity to enter into the Mortgage Loan and to execute and deliver the Mortgage Note and the Mortgage, and the Mortgage Note and the Mortgage have been duly and properly executed by such parties. The Mortgagor is a natural person;

  • Authority and Capacity Contractor and Contractor’s signatory each warrant and represent that each has full authority and capacity to enter into this Contract.

  • Corporate Capacity The Acquirer has the corporate power, capacity and authority to enter into and complete this Agreement;

  • Limited Capacity of Escrow Agent This Agreement expressly and exclusively sets forth the duties of Escrow Agent with respect to any and all matters pertinent hereto, and no implied duties or obligations shall be read into this Agreement against Escrow Agent. Escrow Agent acts hereunder as an escrow agent only and is not associated, affiliated, or involved in the business decisions or business activities of Issuer, portal, or Subscriber. Escrow Agent is not responsible or liable in any manner whatsoever for the sufficiency, correctness, genuineness, or validity of the subject matter of this Agreement or any part thereof, or for the form of execution thereof, or for the identity or authority of any person executing or depositing such subject matter. Escrow Agent shall be under no duty to investigate or inquire as to the validity or accuracy of any document, agreement, instruction, or request furnished to it hereunder, including, without limitation, the authority or the identity of any signer thereof, believed by it to be genuine, and Escrow Agent may rely and act upon, and shall not be liable for acting or not acting upon, any such document, agreement, instruction, or request. Escrow Agent shall in no way be responsible for notifying, nor shall it be responsible to notify, any party thereto or any other party interested in this Agreement of any payment required or maturity occurring under this Agreement or under the terms of any instrument deposited herewith. Escrow Agent’s entire liability, and Broker and Issuer’s exclusive remedy, in any cause of action based on contract, tort, or otherwise in connection with any services furnished pursuant to this Agreement shall be limited to the total fees paid to Escrow Agent by Issuer. The Escrow Agent shall not be called upon to advise any party as to the wisdom in selling or retaining or taking or refraining from any action with respect to any securities or other property deposited hereunder. Escrow Agent may consult legal counsel selected by it in the event of any dispute or question as to the construction of any of the provisions hereof or of any other agreement or of its duties hereunder, or relating to any dispute involving any party hereto, and shall incur no liability and shall be fully indemnified from any reasonable liability whatsoever in acting in accordance with the opinion or instruction of such counsel. Issuer shall promptly pay, upon demand, the reasonable fees and expenses of any such counsel.

  • Individual Capacity The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and its Affiliates as though the Administrative Agent were not an Agent. With respect to the Loans made by it and all obligations owing to it, the Administrative Agent shall have the same rights and powers under this Agreement as any Lender and may exercise the same as though it were not an Agent, and the terms “Required Lenders”, “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

  • Title; Capacity During the Agreement Term, the Company will employ Executive as its Executive Vice President of Research & Development to perform the duties and responsibilities inherent in such position and such other duties and responsibilities consistent with such position as the Chief Executive Officer of the Company (the “CEO”) shall from time to time reasonably assign to him. On an annual basis, the Company’s Board of Directors (the “Board”) in consultation with Executive and the CEO, will set reasonably attainable, specific goals pursuant to the objectives of the Company as in effect from time to time. Executive shall report directly to the CEO and shall be subject to the supervision of, and shall have such authority as is delegated to Executive by, the CEO, which authority shall be sufficient to perform Executive’s duties hereunder. Executive will be based at the Company’s offices in San Diego, California. Subject to Section 4.3 below, the location of Executive’s employment is subject to change during the course of the Agreement Term as determined by the CEO in consultation with the Executive. Executive hereby accepts such employment and agrees to undertake the duties and responsibilities inherent in such position and such other duties as may be reasonably assigned to Executive. Executive shall devote substantially all of his business time, energies and attention in the performance of the foregoing services. Notwithstanding the foregoing, nothing herein shall preclude Executive from (i) performing services for such other companies as the Company may designate or permit, (ii) serving, with the prior written consent of the Board, which consent shall not be unreasonably withheld, as an officer or member of the boards of directors or advisory boards (or their equivalents in the case of a non-corporate entity) of non-competing businesses, (iii) serving as an officer or a member of charitable, educational or civic organizations, (iv) engaging in charitable activities and community affairs, and (v) managing Executive's personal investments and affairs; provided, however, that the activities set out in clauses (i) – (v) shall be limited by Executive so as not to materially interfere, individually or in the aggregate, with the performance of Executive's duties and responsibilities hereunder.

  • Stockholder Capacity No Person executing this Agreement who is or becomes during the term hereof a director or officer of the Company shall be deemed to make any agreement or understanding herein in his or her capacity as such director or officer. Stockholder signs solely in his, her or its capacity as the beneficial owner of the Subject Shares and nothing herein shall limit or prohibit Stockholder or any of its Representatives, in his or her capacity as an officer or director of the Company, from taking any action or failing to take any action in such capacity.

  • Shareholder Capacity By executing and delivering this -------------------- Agreement, Shareholder makes no agreement or understanding herein in his capacity as a director or officer of the Company or any subsidiary of the Company. Shareholder signs solely in his capacity as the beneficial owner of Shareholder's Shares and nothing herein shall limit or affect any actions taken by Shareholder in his capacity as an officer or director of the Company or any subsidiary of the Company.

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