Interim Periods. Prior to the Closing Date or the Additional Closing Date, as the case may be, the Company will furnish to you, as promptly as possible, copies of any unaudited interim consolidated financial statements of the Company and its subsidiaries for any period subsequent to the periods covered by the financial statements appearing in either the Commitment Prospectus or the Prospectus.
Interim Periods. The Parties acknowledge that during the period from April 12, 2004 to July 8, 2004 (the "Interim Period"), the Executive served Iempower, Inc. (acquired by the Company on July 8, 2004 and a wholly owned subsidiary of the Company "Iempower") in the position of senior consultant and member of Iempower's board of directors. The Parties further acknowledge that during the Interim Period, the Executive has been entitled to receive compensation from the Company in the amount of $1,500 per day or fractional equivalent thereof, as applicable (the "Interim Compensation"). In full satisfaction of the Company's obligation to pay such Interim Compensation, the Company has issued the Executive 46,875 shares of its common stock together with warrants to acquire 8,844 shares of common stock at an initial exercise price of $2.00 per share. The Parties also acknowledge that during the period from July 9, 2004 until October 31, 2004 (the "Second Interim Period"), Executive served the Company as Chairman of the Board and Interim Chief Executive Officer. The Parties acknowledge that during the Second Interim Period, the Executive has been entitled to compensation at the rate of $125,000 per year, with a guaranteed bonus the pro rata portion of $50,000 per year ("Second Interim Compensation"). In full satisfaction of the Company's obligation to pay such Second Interim Compensation, the Company has paid to the Executive his pro-rata salary for this period and has issued to the Executive options to acquire 410,000 shares of common stock under the Company's 2004 Omnibus Incentive Plan (the "Plan"). These options shall vest and become exercisable on a quarterly basis over a period of one year, with 25% of such options being vested and exercisable on November 1, 2004 (the "Grant Date") and an additional 25% of such options becoming vested and exercisable on the first day of each calendar quarter thereafter until all options are fully vested. The options granted shall be exercisable for a period of ten years following the Grant Date and shall have an initial exercise price of $1.60.
Interim Periods. In the event the JRC is unable for any reason to establish a Research Plan for any period during the Research Term, then in such case the [*] advance payments to CK for each [*] during any such interim period shall equal [*] of the FTE rate multiplied by the actual number of CK FTEs covered by the last Research Plan that was approved by the JRC, for the last [*] covered by such approved Research Plan; provided that, if such number exceeds the minimum number of CK FTEs required to be included in any Research Plan for the particular Contract Year, as reflected in Section 2.6 above, then GSK may elect to [*] the number of CK FTEs for such interim period to a number [*] specified in Section 2.6, by so notifying CK in writing. If * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. GSK so elects, the [*] advance payments to CK for each [*] during any such interim period shall equal [*] of the FTE rate multiplied by the actual number of CK FTEs listed in GSK's notice (which shall [*] number of CK's FTEs for such period specified in Section 2.6 above). Any payments made under this Section 6.2.4 shall be non-refundable. * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. -45-
Interim Periods. Year 1: (Ending Share Price (average closing price from July 1, 2018 to June 30, 2019) plus Declared Dividends for the Interim Period ending on the last day of Year 1) / Beginning Share Price Year 2: (Ending Share Price (average closing price from July 1, 2019 to June 30, 2020) plus Declared Dividends for the Interim Period ending on the last day of Year 2) / Beginning Share Price Year 3: (Ending Share Price (average closing price from July 1, 2020 to June 30, 2021) plus Declared Dividends for the Interim Period ending on the last day of Year 3) / Beginning Share Price Performance Period: (Ending Share Price at the end of Year 4 (average closing price from July 1, 2021 to June 30, 2022) plus Declared Dividends for the entire Performance Period) / Beginning Share Price
Interim Periods. For purposes of this Agreement, in determining the Taxes attributable to the Pre-Closing Period included in any Interim Period
Interim Periods. (Breaks) Residents of halls that are open during the break period(s) and who are returning to the residence halls for the next academic term or after spring break will be permitted to remain in residence during an interim period. Room fees for this period will be in addition to room fees for each semester as indicated in this contract. Students requesting to move into the residence halls before the contracted period (fall or spring), or requesting to stay after the official announced closing date at the end of the semester, will be billed at a per-night rate to the student’s Bursar account.
Interim Periods. 1. Residence halls close at noon on the Saturday immediately following finals in the Spring Semester, and following summer session (For full Academic Year Agreements). The Housing Agreement and Agreement rates do not cover these periods. Housing may be available during spring and summer semester breaks for authorized groups or students on a space available basis for an additional charge. Those students may be required to move from their assigned room for these accommodations. Additional information is available in the Residence Life Office. The cost for interim housing is the student’s responsibility.
Interim Periods. In order to appropriately apportion any Taxes --------------- relating to a taxable period that includes (but that would not, but for this section, close on) the day before the Closing Date, the parties hereto will, to the extent permitted by applicable law, elect with the relevant taxing authority to treat for all purposes the day before the Closing Date as the last day of a taxable period of the Company and each Subsidiary, and such taxable period shall be treated as a Pre-Closing Period for purposes of this Agreement. In any case where applicable law does not permit the Company and each Subsidiary to treat the day before the Closing Date as the last day of a taxable period, then for purposes of this Agreement, the portion of the Tax of the Company and each Subsidiary that is attributable to the operations of the Company and each Subsidiary for the applicable Pre-Closing Period portion of such Interim Period shall be (i) in the case of a Tax that is not based on income or gross receipts, the total amount of such Tax for the entire taxable period in question multiplied by a fraction, the numerator of which is the number of days in the Pre-Closing Period portion of such Interim Period, and the denominator of which is the total number of days in the Interim Period, and (ii) in the case of a Tax that is based on income or gross receipts, the Tax that would be due with respect to the Pre-Closing Period portion of such Interim Period, if such Pre- Closing Period portion of such Interim Period represented an entire taxable period.
Interim Periods. To appropriately apportion any Taxes relating to a taxable period that includes (but that would not, but for this Agreement, close on) the Closing Date, the parties hereto will, to the extent permitted by applicable law, elect with the relevant Taxing Authority to treat for all purposes the Closing Date as the last day of a taxable period of the Company and Newco, and such taxable period shall be treated as a short taxable year and a Pre-Closing Period for all purposes of this Agreement. In any case where applicable law does not permit the Company or Newco to treat the Closing Date as the last day of a taxable year or period, then for all purposes of this Agreement, the portion of each such Tax that is attributable to the operations of the Company or Newco, as the case may be, for the applicable Pre-Closing Period portion of such Interim Period shall be (i) in the case of a Tax that is not based on income or gross receipts, the total amount of such Tax for the entire taxable period in question multiplied by a fraction, the numerator of which is the number of days in the Pre-Closing Period portion of such Interim Period, and the denominator of which is the total number of days in the Interim Period, and (ii) in the case of a Tax that is based on income or gross receipts, the Tax, that would be due with respect to the Pre-Closing Period portion of such Interim Period using the interim closing of the books method.
Interim Periods. In the case of any Interim Period (i) income Taxes (including income based franchise Taxes) and other transactional based Taxes, e.g., sales Tax, of each of the Company and its Subsidiaries for the portion of any Interim Period ending on the Closing Date will be computed as if such taxable period ended as of the close of business on the Closing Date, and, in the case of any such Taxes of any of the Company and its Subsidiaries attributable to the ownership by any of the Company and its Subsidiaries of any equity interest in any partnership or other “flowthrough” entity (other than the Company and its Subsidiaries), as if a taxable period of such partnership or other “flowthrough” entity ended as of the close of business on the Closing Date; and
