Facility Acquisition definition
Examples of Facility Acquisition in a sentence
Effective upon the Increase Effective Date, the [Working Capital Facility] [Acquisition Facility] Commitment for each Increasing Lender and each New Lender shall be as set forth on Schedule 1.01.
The Parties agree that if a Facility Acquisition occurs, the purchase prices under Section 11.4(a) will remain in effect during the Initial Term; provided that if either Party desires to extend the Term after a Facility Acquisition, such Party shall notify the other Party no later than six months prior to the end of the then-current Term, and the Parties shall negotiate in good faith any revisions to the purchase prices to reflect changes in costs, inflation and other relevant factors.
For clarity, after a Facility Acquisition, in no event shall any amount be payable by Eisai to Arena under this Section 11.4(d) once there have been […***…] Supply Problems in a 12-consecutive month period.
Notwithstanding the foregoing, if at any time during the Term after a Facility Acquisition there are […***…] Supply Problems in any 12-consecutive month period then Eisai shall no longer have any obligations under this Section 2.1 to purchase any minimum amount of Product from Arena.
During the term of the Supply Agreement prior to a Facility Acquisition, Eisai shall, to the extent practicable, discuss with Arena whether to recall or withdraw such Product in the Territory prior to making such decision; provided, that during the term of the Supply Agreement and thereafter, Eisai shall have the right to decide whether to recall or withdraw such Product in the Territory.
The Corporation acknowledges that all of the assets to be conveyed by the Transferors to the Corporation (and all of the assets of the Contributed Entities) will be conveyed "as is, where is." Transferors make no representation or warranty with respect to any asset which is the subject of any of the Facility Acquisition Agreements or the Development Site Acquisition Agreements.
In the event that any Target Property approved by MPT in accordance with Section 2.3 relates to an Existing Facility Acquisition, the Existing Facility Purchase Price, along with all representations, warranties, terms, conditions, deliveries, closing procedures and indemnities relating thereto shall be addressed in the applicable Hospital Purchase Contract and the remaining provisions of this Agreement after Section 2.5 shall not apply to such Existing Facility Acquisition.
Effective upon the Increase Effective Date, the [Dollar Working Capital Facility] [Multicurrency Working Capital Facility] [Acquisition Facility] Commitment for each Increasing Lender and each New Lender shall be as set forth on Schedule 1.01.
If a Facility Acquisition has not occurred by the date that is six months prior to the end of the Initial Continuation Period, then Eisai may extend the Continuation Period to include the Continuation Period Extension by written notice to Arena delivered no later than six months prior to the end of the Initial Continuation Period.
Unless otherwise set forth in this Agreement, all capitalized terms shall have the meaning set forth in the First Territory and New Facility Acquisition Agreement.