Merging Party definition
Examples of Merging Party in a sentence
The other copies will be submitted to government authorities or kept by the Merging Party.
Whenever this Agreement requires or permits consent by or on behalf of any Merging Party, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this Section 15.2.
To optimize the organizational structure and promote the core competitiveness of the company, and based on the practical needs emerged in the process of company development, the Merging Party intends to merge the Merged Party.
In consummating the ------------------------------------------ Mergers and the transactions contemplated hereby, each Merging Party shall comply in all material respects with the provisions of the Exchange Act and the Securities Act and the rules and regulations thereunder.
Each Merging Party will consult with counsel for the other Merging Parties as to, and will permit such counsel to participate in, at such other Merging Party's expense, any lawsuits or proceedings referred to in clause (i) above brought against any Merging Party or Merging Parties but not against any or all of the other Merging Parties.
If a Merging Party disputes its being liable for such Damages, the matter will be resolved pursuant to Section 8.4 and Parent shall be limited to monetary indemnification as a remedy unless otherwise mutually agreed by the parties in writing.
If the Merging Party effects such divestiture by way of one or more sublicences, the Merging Party shall be entitled [***] [Confidential Treatment Required].
If Medarex (or its successor) or any of its Affiliates is the Merging Party, and such Merging Party notifies BMS in writing within such ninety (90)-day period that it intends to divest its Development and Commercialization rights and obligations in the United States under this Agreement as provided in Section 10.5.3(a)(w)(i), then it shall have the right to do so during the Negotiation Period as provided in Section 10.5.4 (as the same may be extended pursuant to Section 10.5.4).
If the Merging Party notifies the Non-Merging Party that it intends to offer the Acquired Competing Product for inclusion in the Collaboration, then the Non-Merging Party shall have the M&A Inclusion Option provided for in Section 3.6(a)(vii).
If the Merging Party notifies the Non-Merging Party that it intends to Divest such Acquired Competing Product, the Merging Party shall have [*] (or, if shorter, such period of time as may be required by the applicable Governmental Authority(ies) for such divestiture) following the consummation of the Business Combination Transaction to Divest such Acquired Competing Product and shall comply with Section 10.5(d).