Right of Election Sample Clauses

Right of Election. Upon completion of the Company's data analysis of Phase IIb trials in the United States for the initial indication of the Compound, the Company shall furnish written notice of such completion to PNU, together with a written summary of the results thereof and, upon PNU's written request, all written documentation reasonably necessary for PNU to review and evaluate such data analysis and the results thereof (such summary or documentation, as the case may be, "Documentation"); provided, however, that PNU may request and the Company shall provide PNU within 30 days, any then-existing data (to the extent available and whether or not Phase IIb trials in the United States have then been completed) at such earlier time as PNU shall request. PNU shall have the right to elect, upon the earlier of (1) thirty (30) days of receipt of then-existing data (unless waived) following its request, and (2) within ninety (90) days after receipt of Documentation (or waiver by PNU of receipt of such data or Documentation), to participate in the further development and/or marketing of the Compound in any country in the world pursuant to one of the following two options:
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Right of Election. BY EXECUTIVE TO ARBITRATE OR SUE.................21 THIRD-PARTY STAKEHOLDER............................................21
Right of Election. In the event that ELAN obtains ANDA approval by the FDA covering Product A, PRI shall have the right to elect, by written notice to ELAN and the payment to ELAN of [****], to include Product A as a "Licensed Product". In the event that PRI, makes such election, the provisions of the Amended Distribution Agreement will be reinstated with respect to Product A on the terms and conditions provided therein as of the date hereof.
Right of Election. Upon completion of the Company's data analysis of Phase IIb trials in the United States for the initial indication of the Compound, the Company shall furnish written
Right of Election. Licensor hereby grants to Licensee a right of election to license and exploit the Intellectual Property. Such right of election shall run for a period of twelve months from the date of this Agreement. If Licensee does not notify the Licensor in writing of its exercise of the right of election within the twelve month period, this Agreement shall expire and be deemed null and void.
Right of Election. The right to elect to take against any present or future Last Will and Testament or Codicil of the other party pursuant to Estates, Powers and Trusts Law [of New York] (EPTL) § 5-1.1-A, and by law amendatory thereof, or supplemental or similar thereto.
Right of Election. Except as otherwise expressly provided herein to the contrary, the Participant (or his or her Beneficiary in the case of the Participant’s death, or his or her legal representative in the case of the Participant’s Disability) shall have the sole right and discretion to elect the method of payment of the Participant’s Nonforfeitable Accrued Benefit, as long as the method of payment selected is one of the methods described in subsection (c), and otherwise complies with the provisions and requirements of Section 6.1 and any other applicable provisions of the Plan. With respect to the election of a method of payment authorized under subsection (c)(5), the Participant (or his or Beneficiary in the case of the Participant’s death, or his or her legal representative in the case of the Participant’s Disability) shall have the right and discretion to elect such a method of payment, but any such method of payment so elected must be approved by the Plan Administration Committee and must otherwise comply with the provisions and requirements of Section 6.1 and any other applicable provisions of the Plan. In granting or denying its approval of any such method of payment so elected under the provisions of subsection (c)(5), the Plan Administration Committee shall not unreasonably withhold its approval and shall act in a non- discriminatory manner.
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Related to Right of Election

  • Right of Refusal Does the proposing vendor wish to reserve the right not to perform under the awarded agreement with a TIPS member at vendor's discretion? Yes

  • Right of Revocation Guarantor understands and agrees that Guarantor may revoke its future obligations under this Guaranty at any time by giving Bank written notice that Guarantor will not be liable hereunder for any indebtedness or obligations of Borrower incurred on or after the effective date of such revocation. Such revocation shall be deemed to be effective on the day following the day Bank receives such notice delivered either by: (a) personal delivery to the address and designated department of Bank identified in subparagraph 1(a) above, or (b) United States mail, registered or certified, return receipt requested, postage prepaid, addressed to Bank at the address shown in subparagraph 1(a) above. Notwithstanding such revocation, Guarantor shall remain liable on its obligations hereunder until payment in full to Bank of (x) all of the Guaranteed Indebtedness that is outstanding on the effective date of such revocation, and any renewals and extensions thereof, and (y) all loans, advances and other extensions of credit made to or for the account of Borrower on or after the effective date of such revocation pursuant to the obligation of Bank under a commitment or agreement made to or with Borrower prior to the effective date of such revocation. The terms and conditions of this Guaranty, including without limitation the consents and waivers set forth in paragraph 7 hereof, shall remain in effect with respect to the Guaranteed Indebtedness described in the preceding sentence in the same manner as if such revocation had not been made by Guarantor.

  • First Right of Refusal If any Partner shall enter into an agreement to sell their ownership interest in the Partnership with an individual or entity that is not a current Partner, the following parties must be given a first right of refusal before such a transaction can take place:

  • Right of Co-Sale To the extent the Investors do not exercise their respective Rights of First Refusal (the “Co-Sale Right Holders”) as to the Offered Shares proposed to be sold by the Transferor to the third party transferee identified in the Transfer Notice in accordance with Section 4.4, such Co-Sale Right Holder shall have the right (but no obligation) to participate in, and the Transferor shall have the obligation to procure the third party transferee to accept, the transfer of any Offered Shares to the extent that such Co-Sale Right Holder’s Pro Rata Co-Sale Share (defined as below) will be transferred at the same price and subject to the same terms and conditions as specified in the Transfer Notice (the “Right of Co-Sale”). For the purpose of this Section 4.5, a Co-Sale Right Holder’s “Pro Rata Co-Sale Share” shall mean that number of Ordinary Shares (calculated on an as-converted basis) which equals the number of the Offered Shares specified in the Transfer Notice multiplied by a fraction equal to (i) the total number of Ordinary Shares (calculated on an as-converted basis) then held by such Co-Sale Right Holder at the time of the transfer, divided by (ii) the total number of Ordinary Shares (calculated on an as-converted basis) held by the Co-Sale Right Holders that have elected to exercise the Right of Co-Sale plus the total number of Ordinary Shares (calculated on an as-converted basis) then held by the Transferor. The Co-Sale Right Holder shall deliver, within the Option Period, a written notice (the “Co-Sale Notice”) to the Transferor, stating (i) its decision to exercise the Right of Co-Sale as specified in the Co-Sale Notice, and (ii) the number of Shares that such Co-Sale Right Holder elects to transfer, in order to effect its Right of Co-Sale. If the Co-Sale Right Holder sends out the Co-Sale Notice within the Option Period, and provided, however, that the Co-Sale Right Holder fails to effect its Right of Co-Sale due to failure to obtain the consent of the third party transferee or the approval, consent or exemption (if necessary) from the Governmental Authority, notwithstanding anything to the contrary in this Agreement, the Transferor shall not effect any transfer of the Offered Share of the Company to the third party transferee without the prior written consent of the Co-Sale Right Holders, unless the Transferor purchases the number of the Shares that such Co-Sale Right Holder elects to transfer at the same price and subject to the same terms and conditions as specified in the Transfer Notice.

  • Right of Deferral (i) The Company shall not be obligated to Register or qualify Registrable Securities pursuant to this Section 2:

  • Right of Re-Entry Upon the occurrence of a Default, Landlord may elect to terminate this Lease or, without terminating this Lease, terminate Tenant's right to possession of the Premises. Upon any such termination, Tenant shall immediately surrender and vacate the Premises and deliver possession thereof to Landlord. Tenant grants to Landlord the right to enter and repossess the Premises and to expel Tenant and any others who may be occupying the Premises and to remove any and all property therefrom, without being deemed in any manner guilty of trespass and without relinquishing Landlord's rights to Rent or any other right given to Landlord hereunder or by operation of law.

  • Right of Review Once Lessor shall have finally determined said Operating, Utility and Energy or Real Estate Tax Costs at the expiration of a Lease Year, then as to the item so established, Lessee shall only be entitled to dispute said charge as finally established for a period of six (6) months after such charge is finally established, and Lessee specifically waives any right to dispute any such charge at the expiration of said six (6) month period.

  • Dissent Rights Dissent Rights have not been exercised with respect to more than 5% of the issued and outstanding Common Shares.

  • Dissenters’ Rights Notwithstanding anything in this Agreement to the contrary, Shares outstanding immediately prior to the Effective Time, and held by holders who are entitled to appraisal rights under Section 262 of the DGCL and have properly exercised and perfected their respective demands for appraisal of such Shares in the time and manner provided in Section 262 of the DGCL and, as of the Effective Time, have neither effectively withdrawn nor lost their rights to such appraisal and payment under the DGCL (the “Dissenting Shares”), shall not be converted into the right to receive Merger Consideration, but shall, by virtue of the Merger, be automatically cancelled and no longer outstanding, shall cease to exist and shall be entitled to only such consideration as shall be determined pursuant to Section 262 of the DGCL; provided that if any such holder shall have failed to perfect or shall have effectively withdrawn or lost such holder’s right to appraisal and payment under the DGCL, such holder’s Shares shall be deemed to have been converted as of the Effective Time into the right to receive the Merger Consideration (less any amounts entitled to be deducted or withheld pursuant to Section 2.6(e)), and such Shares shall not be deemed to be Dissenting Shares. The Company shall give prompt notice to Parent and Purchaser of any demands received by the Company for appraisal of any Dissenting Shares, withdrawals of such demands and any other instruments served pursuant to Section 262 of the DGCL, in each case prior to the Effective Time. Parent and Purchaser shall have the right to direct and participate in all negotiations and proceedings with respect to such demands, and the Company shall not, without the prior written consent of Parent and Purchaser, settle or offer to settle, or make any payment with respect to, any such demands, or agree or commit to do any of the foregoing.

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