New Commitments Sample Clauses

New Commitments. Neither Party will incur new expenses related to this CRADA after expiration, mutual termination, or a notice of a unilateral termination and will, to the extent feasible, cancel all outstanding commitments and contracts by the termination date. Collaborator acknowledges that ICD will have the authority to retain and expend any funds for up to one (1) year subsequent to the expiration or termination date to cover any unpaid costs obligated during the term of the CRADA in undertaking the research and development activities set forth in the Research Plan.

New Commitments. At any time following the completion of the syndication of the credit facilities provided herein (as reasonably determined by the Joint Lead Arrangers) and at least six months prior to the LC Facility Maturity Date, Borrower may by written notice to the Administrative Agent elect to request an increase to the Total LC Facility Deposit (any such increase, the “New LC Facility Deposits”), in an amount of $5.0 million or an integral multiple of $1.0 million in excess thereof, but not in an amount greater than $10.0 million in the aggregate during the term of the Agreement. In connection with the New LC Facility Deposits, Borrower may, but shall not be required to, increase the LC Facility LC Fees with respect to the LC Facility Deposits (which increase shall also be applicable to LC Facility Deposits previously deposited). Such notice shall (A) specify the date (an “Increased Amount Date”) on which Borrower proposes that the New LC Facility Deposits be made, which shall be a date not less than five (5) Business Days after the date on which such notice is delivered to the Administrative Agent and (B) if applicable, specify any increase in the LC Facility LC Fees. Borrower shall also notify the Administrative Agent in writing of the identity of each existing LC Facility Lender or other financial institution acceptable to the Administrative Agent (each such LC Facility Lender or financial institution, a “New LC Facility Lender”) to whom the New LC Facility Deposits have been allocated and the amounts of such allocations. Such New LC Facility Deposits shall become effective as of such Increased Amount Date; provided that (1) no Default shall exist on such Increased Amount Date before or after giving effect to such New LC Facility Deposits, (2) the Administrative Agent does not object to any New LC Facility Lender and (3) such increase in the Total LC Facility Deposit shall be evidenced by (x) one or more joinder agreements executed and delivered to the Administrative Agent by each New LC Facility Lender and (y) one or more confirmations by each existing LC Facility Lender providing a portion of the New LC Facility Deposit, in each case in a form acceptable to the Administrative Agent and each shall be recorded in the register, each of which shall be subject to the requirements set forth in Section 2.16(d).

New Commitments. The Research Organization shall make no new commitments funded under this Agreement, after receipt of a written termination notice from AISC and shall, to the extent feasible, cancel all outstanding commitments and contracts by the termination date.

New Commitments. Without the prior written consent of the Buyer (which shall not be unreasonably withheld), neither Seller shall prior to the Closing (a) other than in accordance with the Bid Procedures Order, enter into any new agreement or commitment with respect to the Assets or the Business other than in the ordinary course operation of the Business, (b) modify or terminate any existing agreements relating to the Assets other than in the ordinary course operation of the Business, or (c) encumber, sell or otherwise dispose of any of the Assets other than personal property that is replaced by equivalent property or consumed in the normal, ordinary course operation of the Business, except for any commitment as set forth on Schedule 6.4 sought pursuant to motions pending with or approved by the Bankruptcy Court as of the date hereof.

New Commitments. Neither Party will incur new expenses related to this CRADA after expiration, mutual termination, or a notice of a unilateral termination and will, to the extent feasible, cancel all outstanding commitments and contracts by the termination date. Collaborator acknowledges that IC will have the authority to retain and expend any funds for up to [***] subsequent to the expiration or termination date to cover any unpaid costs obligated during the term of the CRADA in undertaking the research and development activities set forth in the Research Plan and for ongoing CRADA-related expenses that arise after the expiration or termination date, such as vaccine stability testing, managing or analyzing CRADA Data and CRADA Materials, continuing ongoing clinical trials, and conducting follow-up observations of Human Subjects treated under the CRADA, such that the authority to make these expenditures will survive the CRADA.

New Commitments. Neither Party will incur new expenses related to this CRADA after expiration, mutual termination, or a notice of a unilateral termination and will, to the extent feasible, cancel all outstanding commitments and contracts by the termination date. Collaborator acknowledges that IC will have the authority to retain and expend any funds for up to [***] subsequent to the expiration or termination date to cover any unpaid costs obligated during the term of the CRADA in undertaking the research and development activities set forth in the Research Plan and for ongoing CRADA-related expenses that arise after the expiration or termination date, such as vaccine stability testing, managing or analyzing CRADA Data and CRADA Materials, continuing ongoing clinical trials, and conducting follow-up observations of Human Subjects treated under the CRADA, such that the authority to make these expenditures will survive the CRADA. [***] 6/25/13 [***] Date Deputy Director for Clinical and Translational Research, NCI [***] 28 May 2013 Name: [***] Date Title: President, BN Immunotherapeutics, Inc. The purpose of this amendment is to change certain terms of the above-referenced Cooperative Research and Development Agreement (CRADA). These changes are reflected below, and except for these changes, all other provisions of the original CRADA, as amended by Amendment #1 on June 21, 2013, remain in full force and effect. The Parties agree as follows:

New Commitments. No Party shall make new commitments related to this Agreement after a mutual termination or notice of a unilateral termination and shall, to the extent feasible, cancel all outstanding commitments and contracts by the termination date.

New Commitments. Neither Party will incur new expenses related to this CRADA after expiration, mutual termination, or a notice of a unilateral termination and will, to the extent feasible, cancel all outstanding commitments and contracts by the termination date. Collaborator acknowledges that ICD will have the authority to retain and expend any funds already received by ICD for up to […***…] subsequent to the expiration or termination date to cover any unpaid costs obligated during the term of the CRADA in undertaking the research and development activities set forth in the Research Plan. PHS ICT-CRADA Case Ref. No. MODEL ADOPTED June 18, 2009 Page 51 of 52 Confidential PUBLIC HEALTH SERVICE COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENT FOR INTRAMURAL-PHS CLINICAL RESEARCH

New Commitments. (i) Borrower hereby acknowledges and agrees that as of the effective date of the Increase and following satisfaction of all conditions thereto as provided in Section 2.11 of the Credit Agreement, the amount of each Lender's Commitment shall be the amount set forth on Schedule A attached hereto and the Total Commitment under the Credit Agreement will include the Increase. (ii) In connection with the Increase, (x) ▇▇▇▇▇▇▇ ▇▇▇▇▇ Bank USA, TD Bank, N.A., Credit Suisse AG, Cayman Islands Branch and SunTrust Bank and (collectively, the “New Lenders” and each individually a “New Lender”, and together with the Existing Lenders, collectively, the “Lenders” and each individually a “Lender”) shall, as of the date hereof, become “Lenders” under the Credit Agreement with a respective Commitment in the amount set forth opposite such New Lender's name on Schedule A attached hereto (each a “New Commitment” and together the “New Commitments”), (y) ▇▇▇▇▇▇▇ ▇▇▇▇▇ Bank, N.A. shall be issued a replacement Revolving Credit Note in the principal face amount of $45,000,000.00, Royal Bank of Canada shall be issued a replacement Revolving Credit Note in the principal face amount of $45,000,000.00 and Stifel Bank & Trust shall be issued a replacement Revolving Credit Note in the principal face amount of $15,000,000.00 and (z) ▇▇▇▇▇▇▇ ▇▇▇▇▇ Bank USA shall be issued a Revolving Credit Note in the principal face amount of $45,000,000.00, TD Bank, N.A. shall be issued a Revolving Credit Note in the principal face amount of $40,000,000.00, SunTrust Bank shall be issued a Note in the principal face amount of $35,000,000.00 and Credit Suisse AG, Cayman Islands Branch shall be issued a Revolving Credit Note in the principal face amount of $30,000,000.00. Upon acceptance of such notes by the respective Lenders each such new or replacement note will be a “Note” under the Credit Agreement. The Existing Lenders listed in this Section 1(c)(ii)(y) will promptly return their current Notes to the Borrower marked “Cancelled”.