Market Share Determination Sample Clauses

Market Share Determination. For purposes of determining the order of market shares, if a multi-branded bidder elects to co-locate, their combined market share will be considered. For example, if National and Enterprise were to co-locate, their combined market share would not be the next smallest market share to the potential new entrant and they would not be required to share space with a potential new entrant. However, if National and Enterprise submit a co- branded bid but elect not to co-locate at the QTA, their individual market shares would be considered for this purpose.
Sample 1Sample 2Sample 3
AutoNDA by SimpleDocs
Market Share Determination. If either Party believes that Semi-Exclusivity exists on the basis of the Chinese Market Share (as defined in Section 1.82) as measured by the latest available version of IMS for [ * ] with respect to a given Licensed Product in a given calendar year for which [ * ] then it shall give written notice to the other Party promptly after such data becomes available along with a copy of the relevant IMS report. The Joint Committee shall determine whether Semi-Exclusivity existed with respect to such calendar year based upon such IMS report. Any disputes among the Joint Committee with respect to whether Semi-Exclusivity shall be resolved pursuant to Sections 16.1 and 16.2. If it is determined (by the Joint Committee or pursuant to Section 16.1 or 16.2) that Semi-Exclusivity applied on the basis of the Chinese Market Share in a year for which GSK had [ * ] then GSK shall [ * ] of (i) the [ * ] that would apply in the case of [ * ] and the [ * ] that GSK applied to [ * ] throughout such year, [ * ] (ii) the Net Sales in China of the relevant Licensed Product in such calendar year.
Sample 1
Market Share Determination. For purposes of determining the order of market shares, if a multi-branded bidder elects to co-locate, their combined market share will be considered. For example, if National and Enterprise were to co-locate, their combined market share would not be the next smallest market share to the potential new entrant and they would not be required to share space with a potential new entrant. However, if National and Enterprise submit a co- branded bid but elect not to co-locate at the QTA, their individual market shares would be considered for this purpose. In addition, Operator will also be required to rent its proportionate share of Common Use Space, based on the proportion its Exclusive Space bears to the total Exclusive Space leased by all lessees of the Rental Car Facility, and its proportional share of Limited Common Use Space, based on the proportion its Exclusive Space on a floor o other area shared by others bears to the total Exclusive Space leased by all users of said floor or other area. Market share allocation will be based upon reported gross revenues from all companies reporting revenues to the Airport, for the twelve-month period ending December 31, 2007.
Sample 1

Related to Market Share Determination

  • Committee Determination Any adjustments or other action pursuant to this Section 4 shall be made by the Committee, and the Committee's determination as to what adjustments shall be made or actions taken, and the extent thereof, shall be final and binding.

  • Committee Determinations The Committee shall have absolute discretion to determine the date and circumstances of the termination of your Service, and its determination shall be final, conclusive and binding upon you.

  • Fee Determination Detail The Administrative Agent, and any Lender, shall provide reasonable detail to Borrower regarding the manner in which the amount of any payment to the Administrative Agent and the Lenders, or that Lender, under Article 3 has been determined, concurrently with demand for such payment.

  • Market Value Adjustment 16 3.07 Transfer of Current Value from the Funds or AG Account ............ 17 3.08 Notice to the Certificate Holder .................................. 18 3.09 Loans ............................................................. 18 3.10 Systematic Withdrawal Option (SWO) ................................ 18 3.11

  • Board Determination The Board of Directors of Pubco has unanimously determined that the terms of the Exchange are fair to and in the best interests of Pubco and its shareholders.

  • Company Determination Final Any determination that the Company or its Board of Directors must make pursuant to this Article 6 shall be conclusive if made in good faith and in accordance with the provisions of this Article 6, absent manifest error, and set forth in a Board Resolution.

  • Selection of Reviewing Party; Change in Control If there has not been a Change in Control, any Reviewing Party shall be selected by the Board of Directors, and if there has been such a Change in Control (other than a Change in Control which has been approved by a majority of the Company's Board of Directors who were directors immediately prior to such Change in Control), any Reviewing Party with respect to all matters thereafter arising concerning the rights of Indemnitee to indemnification of Expenses under this Agreement or any other agreement or under the Company's Certificate of Incorporation or Bylaws as now or hereafter in effect, or under any other applicable law, if desired by Indemnitee, shall be Independent Legal Counsel selected by Indemnitee and approved by the Company (which approval shall not be unreasonably withheld). Such counsel, among other things, shall render its written opinion to the Company and Indemnitee as to whether and to what extent Indemnitee would be entitled to be indemnified hereunder under applicable law and the Company agrees to abide by such opinion. The Company agrees to pay the reasonable fees of the Independent Legal Counsel referred to above and to indemnify fully such counsel against any and all expenses (including attorneys' fees), claims, liabilities and damages arising out of or relating to this Agreement or its engagement pursuant hereto. Notwithstanding any other provision of this Agreement, the Company shall not be required to pay Expenses of more than one Independent Legal Counsel in connection with all matters concerning a single Indemnitee, and such Independent Legal Counsel shall be the Independent Legal Counsel for any or all other Indemnitees unless (i) the employment of separate counsel by one or more Indemnitees has been previously authorized by the Company in writing, or (ii) an Indemnitee shall have provided to the Company a written statement that such Indemnitee has reasonably concluded that there may be a conflict of interest between such Indemnitee and the other Indemnitees with respect to the matters arising under this Agreement.

  • Failure to Determine Values If the Borrower shall fail to determine the value of any Portfolio Investment as at any date pursuant to the requirements of the foregoing sub-clauses (A), (B) or (C), then the “Value” of such Portfolio Investment as at such date shall be deemed to be zero.

  • Board Determinations In the event that any question or controversy shall arise with respect to the nature, scope or extent of any one or more rights conferred by the Option, or any provision of this Agreement, the good faith determination by the Board of the rights of the Optionee shall be conclusive, final and binding upon the Optionee and upon any other person who shall assert any right pursuant to this Option.

Time is Money Join Law Insider Premium to draft better contracts faster.