and Section 3. 11. Subject to the foregoing, the Manager may cause the Company to issue additional Common Units authorized under this Agreement at such times and upon such terms as the Manager shall determine and the Manager shall amend this Agreement as necessary in connection with the issuance of additional Common Units and admission of additional Members under this Section 3.04 without the requirement of any consent or acknowledgement of any other Member.
and Section 3. 9. The Issuer may at any time and from time to time purchase Notes in the open market or otherwise.
and Section 3. 05(a) of this Agreement shall be construed in accordance with the preceding statement.
and Section 3. 15. If the commitment of each Revolver Lender to make Revolver Loans and the obligation of each L/C Issuer to make L/C Credit Extensions have been terminated pursuant to Section 13.1 or if the Revolver Commitment has expired, then the Commitment Percentage of each Revolver Lender shall be determined based on the Commitment Percentage of such Revolver Lender most recently in effect, giving effect to any subsequent assignments. The initial Commitment Percentage of each Lender in respect of the Revolver Facility and the Term Loan Facility, as applicable, is set forth opposite the name of such Lender on Schedule 1 or in the Assignment and Assumption pursuant to which such Lender becomes a party hereto, as applicable.
and Section 3. 9. The Issuer and its equity holders may, at any time and from time to time, purchase Notes in privately negotiated or open market transactions, by tender offer or otherwise (including pursuant to swaps or other derivatives).
and Section 3. 11. Subject to the foregoing, the Manager may cause the Company to issue additional Common Units authorized under this Agreement and/or establish other classes or series of Units or other Equity Securities in the Company at such times and upon such terms as the Manager shall determine and the Manager shall amend this Agreement solely to the extent necessary in connection with the issuance of additional Common Units, to establish other classes or series of Units or other Equity Securities in the Company, or admission of additional Members under this Section 3.04, in each case without the requirement of any consent or acknowledgement of any other Member or any other Person and notwithstanding anything to the contrary herein, including Section 15.03.
and Section 3. 8.1, Adapt shall be solely responsible for Development of the Products.
and Section 3. 13(b) shall be made on and as of the Closing Date and shall not be restated on any Borrowing Date or issuance date that occurs after the Closing Date.
and Section 3. 2. If a Commitment Party Default occurs, (i) the Outside Date shall be delayed only to the extent necessary to allow for the Commitment Party Replacement to be completed within the Commitment Party Replacement Period, and (ii) unless this Agreement is terminated by the Company in accordance with Section 9.3(b), the Closing Date shall occur one (1) Business Day following the expiration of the Commitment Party Replacement Period, assuming the satisfaction of all other conditions set forth in Section 7.1.
and Section 3. 02. The Steering Committee shall meet at least quarterly at a location and time reasonably acceptable to SpinCo and Parent. The Steering Committee shall, promptly following its establishment, adopt procedures for the conduct of its activities in compliance with applicable Law. The Steering Committee shall dissolve at such time as there are no Remaining Parent Credit Support Instruments and no Remaining Specified Contracts.
