Offered Terms Sample Clauses
Offered Terms. If Tenant does not accept Landlord's offer as set ------------- forth above, but Tenant does deliver to Landlord within the Sale Negotiation Period a written offer ("Tenant's Purchase Offer") to acquire the Building for a ----------------------- purchase price ("Tenant's Offered Price") less than the price contained in the ---------------------- Acceptable Sale Terms, then Tenant shall be deemed to have made an irrevocable offer to acquire the Building at Tenant's Offered Price. Tenant's Purchase Offer shall be deemed to include all of the Acceptable Sale Terms, except that to the extent there is any discrepancy between the Acceptable Sale Terms and the terms set forth in Tenant's Purchase Offer, Tenant's Purchase Offer shall be controlling (except as otherwise provided in Paragraph 38.G below). --------------
Offered Terms. 48 E. Acceptance of Tenant's Offer...................................................................48 F. Conditions.....................................................................................48 G. Process........................................................................................48 H.
Offered Terms. If the Non-Offering Interestholders do not agree to purchase the Section 5.4 Offered Interests or the Indirect Interests, as applicable, in accordance with Section 5.4(b)(i) and the Offering Interestholder does not accept the Counter-Offer Terms within the Section 5.4 Offer Period, the Offering Interestholder may Sell all, but not less than all, of the Section 5.4 Offered Interests or the Affiliate of the Offering Interestholder may Sell all, but not less than all, of the Indirect Interests, as applicable, to a Proposed Third-Party Buyer on the conditions that:
Offered Terms. ▇▇▇▇▇ will have the right, but not the obligation to accept the Offered Terms by written notice to TALi within [***] ([***]) days after Akili’s receipt of notice from TALi described in Section 3.1.2(a). If ▇▇▇▇▇ accepts the Offered Terms within such [***] ([***]) day period, then the Parties shall promptly modify this Agreement to reflect (a) the Offered Terms and (b) the inclusion of the New Uses in the Field hereunder. If ▇▇▇▇▇ does not accept the Offered Terms, then TALi may offer the New Use to a Third Party within the Territory on terms, which are, on the whole, no more favorable to the Third Party than the Offered Terms. If, at any time prior to TALi’s entering into an agreement with a Third Party for the commercialization of such New Use, TALi intends to offer to such Third Party more favorable terms than the Offered Terms (“Favorable Terms”), then (i) TALi must provide ▇▇▇▇▇ with written notice of such Favorable Terms and (ii) ▇▇▇▇▇ will have [***] ([***]) days to accept the Favorable Terms. Only if ▇▇▇▇▇ does not accept the Offered Terms or if any, Favorable Terms, then TALi will be free to execute such agreement for the commercialization of the New Use with the Third Party in the Territory. If TALi develops and commercializes the New Use itself or with a Third Party, then the New Use must be developed as a product (“New Use Product”) that is not confusingly similar to the Products in the Field in the Territory and such New Use Product must be differentiated by a new look and feel and minimize off-label usage. Notwithstanding the foregoing, nothing in this Section 3.1.2 prevents TALi from using its own Trademarks for the commercialization of the New Use Product in the Territory. For clarity, the Parties acknowledge that nothing in this Agreement in any way restricts or limits the rights of TALi to use, license or otherwise exploit the New Use outside the Territory.