Shortfall Party definition

Shortfall Party. Shortfall Party shall have the meaning assigned to it in Section 5.7(c).

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Shortfall Party has the meaning set forth in the Section 7.5(b)(iii). (bbbbb) “Shortfall Payments” has the meaning set forth in Section

Shortfall Party shall have the meaning set forth in Section 6.10(d). "Sole Inventions" shall have the meaning set forth in Section 12.1(a). "Stock Out Event" shall have the meaning set forth in Section 8.2(d). "Stock Purchase Agreement" shall mean the Stock Purchase Agreement between the Parties dated as of the date hereof, together with the Registration Rights Agreement contemplated thereby. "Strategic Plan" shall mean the [************] strategic plan, developed by the JOC and approved by the JSC, setting forth the Parties' strategies for optimizing the commercial value of the IL-1

Examples of Shortfall Party in a sentence

• In the event that either Party (each, a “Shortfall Party”) fails to provide at least [***] percent ([***]%) of such Party’s quarterly detailing target for [***] Calendar Quarters, then the Shortfall Party shall provide to the JCC for its review and approval, within [***] days of the end of such period, a plan of action for curing the deficiency in the succeeding Calendar Quarter.

• If on the last Local Business Day in any subsequent week during the life of the relevant Transaction the aggregate value of the Cash Collateral lodged pursuant to this sub-clause falls below the required Cash Collateral Amount (such shortfall value hereinafter referred to as the "Shortfall"), Party A shall (on demand) provide such further Cash Collateral to Party B equal to the Shortfall.

• Any reimbursement of costs by the Initial Shortfall Party to the Supplementing Party shall not reduce Net Sales and shall not be included as Sales and Marketing Costs or Commercialization Costs.

• If the audited party is shown to be a Shortfall Party, the provisions of Section 6.5 of this Agreement shall control.

• However, (1) the PDE Costs incurred by the Supplementing Party during the Shortfall Period for the Replaced PDEs shall be included in Sales and Marketing Costs; and (2) the costs incurred by the Initial Shortfall Party in performing PDEs in excess of its Required PDEs, as reduced by the Replaced PDEs, shall not be Sales and Marketing Costs or Commercialization Costs.

• If upon verification by the independent accountant, it is determined at the end of the applicable Year that the Detail Reporting Party is a Shortfall Party then within thirty (30) days of receipt of such audit report, the Shortfall Party shall make payment to the other Party of all amounts due under Article 6.9.

• Neurocrine shall pay the Detail Shortfall Payment Amount within thirty (30) days of notice and verification that it is a Shortfall Party, or within thirty (30) *** Certain information on this page has been omitted and filed separately with the Commission.

• If a Detail Reporting Party is a Shortfall Party, then within thirty (30) days after receipt of the applicable Internal Detailing Report or receipt of the independent accountant’s audit report, as the case may be, the Shortfall Party shall make payment to the other Party of an amount equal to **.

• Any Details to physicians who are not members of the Target Audience in excess of ** of Adolor’s Detail Requirement for such Calendar Year shall not count as Details when determining whether Adolor is a Shortfall Party under Section 6.11.

• If there is insufficient funds in the Collateral Account to satisfy all or part of the Net Shortfall, Party B shall upon demand by Party A pay to Party A the amount of any such shortfall.

More Definitions of Shortfall Party

Shortfall Party has the meaning set forth in the Section 7.5(b)(iii).

Shortfall Party has the meaning given to it in Section 6.04(d).

Shortfall Party shall have the meaning set forth in Section 6.10(d).