Opus Sample Clauses

Opus. If Juno fails to initiate or defend any Action with respect to any commercially significant infringement of any Licensed Patent Rights within [***] of a request by Opus to do so (or such shorter period of time as required under statute in order to preserve Opus’ ability to initiate or defend any such Action or to preserve the remedies that may be obtained (including monetary and injunctive relief) in such Action), Opus shall have the right, but not the obligation, to initiate or defend such an Action, [***] using legal counsel of its choice; provided Opus may not enter into any settlement which admits that any of the Licensed Patent Rights is invalid or unenforceable without Juno’s prior written consent. Any amounts recovered from Third Parties in any such Action shall be used first to [***], and the remainder shall be [***].
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Opus. Acquirer’s Parent will take commercially reasonable actions in accordance with Section 8.04 of the First Amended Partnership Agreement of Acquirer’s Parent to cause there to be sufficient registered, publicly traded shares of the REIT that will be available for distribution to the Contributors within ninety (90) days from the date any Contributor is permitted to request and does request to exchange its OPUs for marketable traded securities, such date of request not to be prior to July 24, 2014.
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Opus. The OPUs to be issued to Fifth Avenue hereunder have been duly authorized for issuance to Fifth Avenue and, upon such issuance, will be validly issued. There are no restrictions on the transfer of the OPUs to be issued by BPLP hereunder other than those contained in this Agreement, the Partnership Agreement, the Registration Rights and Lock-Up Agreement and those arising from federal and applicable state securities laws. Under the terms of the Partnership Agreement, Fifth Avenue as a limited partner of BPLP will not have any obligation to make capital contributions to BPLP.
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Opus. Opus is a California-chartered bank, having its executive offices in Irvine, California.
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Related to Opus

  • Acquisition Sub Parent will take all actions necessary to (a) cause Acquisition Sub to perform its obligations under this Agreement and to consummate the First Merger on the terms and conditions set forth in this Agreement and (b) ensure that, prior to the Effective Time, Acquisition Sub shall not conduct any business, or incur or guarantee any indebtedness or make any investments, other than as specifically contemplated by this Agreement.

  • Cornerstone shall notify the LLC and confirm such advice in writing (i) when the filing of any post-effective amendment to the Registration Statement or supplement to the Prospectus is required, when the same is filed and, in the case of the Registration Statement and any post-effective amendment, when the same becomes effective, (ii) of any request by the Securities and Exchange Commission for any amendment of or supplement to the Registration Statement or the Prospectus or for additional information and (iii) of the entry of any stop order suspending the effectiveness of the Registration Statement or the initiation or threatening of any proceedings for that purpose, and, if such stop order shall be entered, Cornerstone shall use its best efforts promptly to obtain the lifting thereof.

  • Company The term “

  • Operating Partnership Operating Partnership shall have the meaning set forth in the preamble of this Agreement.

  • Parent A parent, legal guardian or person in parental relation to the Student.

  • Stockholder Services (i) Manage services for and communications with Stockholders, including answering phone calls, preparing and sending written and electronic reports and other communications;

  • Investors Investors will be instructed by the Dealer Manager or any Soliciting Dealer to remit the purchase price in the form of checks (“instruments of payment”) payable to the order of “UMB BANK, N.A., ESCROW AGENT FOR LIGHTSTONE REAL ESTATE INCOME TRUST.” By 12:00 p.m. Eastern the next business day after receipt of instruments of payment, the Escrow Agent shall be furnished with a list of the Investors who have paid for the Common Shares showing the name, address, tax identification number, number of Common Shares subscribed for, the amount paid and whether such Investors are New York Investors, Tennessee Investors or Pennsylvania Investors (the “List of Investors”). The information comprising the identity of Investors shall be provided to the Escrow Agent in the format set forth in the “List of Investors” attached hereto as Exhibit C. The Escrow Agent shall be entitled to conclusively rely upon the List of Investors in determining whether Investors are New York Investors, Tennessee Investors or Pennsylvania Investors, and shall have no duty to independently determine or verify the same. Any checks made payable to a party other than the Escrow Agent shall be returned to the Dealer Manager or Soliciting Dealer that submitted the check. If any subscription agreement for the purchase of Common Shares solicited by a Soliciting Dealer is rejected by the Dealer Manager or the Company, then the subscription agreement and the related check for the purchase of Common Shares will be returned to the rejected subscriber within ten (10) business days from the date of rejection. If an Investor sends a check to the Dealer Manager or any Soliciting Dealer that does not conform to the subscription instructions, the Dealer Manager or Soliciting Dealer, as applicable, shall return the check directly to such Investor not later than the end of the next business day after the date on which the Dealer Manager or Soliciting Dealer, as applicable, received such check. All Investor Funds deposited in the Escrow Account shall not be subject to any liens or charges by the Company or the Escrow Agent, or judgments or creditors’ claims against the Company, until and unless released to the Company as hereinafter provided. The Company understands and agrees that the Company shall not be entitled to any Investor Funds on deposit in the Escrow Account and no such funds shall become the property of the Company or any other entity except as released to the Company pursuant to Section 3, Section 4 for New York Investors, Section 5 for Tennessee Investors or Section 6 for Pennsylvania Investors. The Escrow Agent will not use the information provided to it by the Company for any purpose other than to fulfill its obligations as Escrow Agent hereunder. The Escrow Agent will treat all Investor information as confidential.

  • Merger Subsidiary At the Effective Time, each share of Common Stock, par value $.01 per share, of Merger Subsidiary issued and outstanding immediately prior to the Effective Time shall be converted into one share of common stock of the Surviving Corporation.

  • Merger Sub At the Effective Time, each share of common stock, par value $0.01 per share, of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into one share of common stock, par value $0.01 per share, of the Surviving Corporation.

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