Lack of Economic Feasibility Sample Clauses

Lack of Economic Feasibility. If, as of the Commercialization Date for a Product, either Party in good faith reasonably believes that the Initial Price for the Product is not economically feasible to achieve the Party’s business objectives for commercialization of the Product, that Party shall notify the other Party in writing. Upon either giving or receiving such notice, Kensington may, in its sole discretion exercised by giving written notice to Medis, elect to either: (i) immediately terminate this Agreement with respect to that Product (or the entire Agreement if there is then only one Product) and Medis shall immediately return to Kensington all non-recurring engineering cost contributions, if any, previously requested or approved in writing by Medis, attributable to the Product development and paid by Kensington pursuant to Section 5.2 and after repayment neither Party shall have any further liability to the other in connection with the given Product (or this Agreement if there is only one Product); or (ii) continue the Agreement at price mutually agreed upon by the Parties that exceeds the Price Target.
Sample 1
AutoNDA by SimpleDocs
Lack of Economic Feasibility. Notwithstanding any contrary provision of this Agreement, in the event BAC shall determine that its use of the Exclusive License or the Non-exclusive License is not economically feasible or not profitable with respect to its business, BAC shall be entitled to terminate this Agreement upon thirty (30) days prior written notice.
Sample 1
Lack of Economic Feasibility. If, as of the Commercialization Date for a Product, either Party in good faith reasonably believes that the Initial Price for the Product is not economically feasible to achieve the Party’s business objectives for commercialization of the Product, that Party shall notify the other Party in writing. Upon either giving or receiving such notice, Distributor may, in its sole discretion exercised by giving written notice to Medis, elect to either: (i) immediately terminate this Agreement with respect to that Product (or the entire Agreement if there is then only one Product, and neither Party shall have any further liability to the other in connection with the given Product (or this Agreement if there is only one Product); or (ii) continue the Agreement at price mutually agreed upon by the Parties that exceeds the Price Target.
Sample 1
Lack of Economic Feasibility. If, as of the Commercialization Date for a Product, either Party in good faith reasonably believes that the Initial Price for the Product is not economically feasible to achieve the Party’s business objectives for commercialization of the Product, that Party shall notify the other Party in writing. Upon either giving or receiving such notice, QBS may, in its sole discretion exercised by giving written notice to Medis, elect to either: (i) immediately terminate this Agreement with respect to that Product (or the entire Agreement if there is then only one Product) and Medis shall immediately return to QBS all non-recurring engineering cost contributions, if any, previously requested or approved in writing by Medis, attributable to the Product development and paid by QBS pursuant to Section 5.2 and * Subject to a request for confidential treatment; Separately filed with the Commission. after repayment neither Party shall have any further liability to the other in connection with the given Product (or this Agreement if there is only one Product, or (ii) continue the Agreement at price mutually agreed upon by the Parties that exceeds the Price Target.
Sample 1
Lack of Economic Feasibility. The Manager, in its sole discretion, determines that it is not economically feasible for it to continue to perform its obligations under this Agreement.
Sample 1

Related to Lack of Economic Feasibility

  • Purchaser Bears Economic Risk The Purchaser has substantial experience in evaluating and investing in private placement transactions of securities in companies similar to the Company so that it is capable of evaluating the merits and risks of its investment in the Company and has the capacity to protect its own interests. The Purchaser must bear the economic risk of this investment until the Securities are sold pursuant to: (i) an effective registration statement under the Securities Act; or (ii) an exemption from registration is available with respect to such sale.

  • Economic Uniformity (A) At the election of the General Partner with respect to any taxable period ending upon, or after, the termination of the Subordination Period, all or a portion of the remaining items of Partnership income or gain for such taxable period, after taking into account allocations pursuant to Section 6.1(d)(iii), shall be allocated 100% to each Partner holding Subordinated Units that are Outstanding as of the termination of the Subordination Period (“Final Subordinated Units”) in the proportion of the number of Final Subordinated Units held by such Partner to the total number of Final Subordinated Units then Outstanding, until each such Partner has been allocated an amount of income or gain that increases the Capital Account maintained with respect to such Final Subordinated Units to an amount equal to the product of (A) the number of Final Subordinated Units held by such Partner and (B) the Per Unit Capital Amount for a Common Unit. The purpose of this allocation is to establish uniformity between the Capital Accounts underlying Final Subordinated Units and the Capital Accounts underlying Common Units held by Persons other than the General Partner and its Affiliates immediately prior to the conversion of such Final Subordinated Units into Common Units. This allocation method for establishing such economic uniformity will be available to the General Partner only if the method for allocating the Capital Account maintained with respect to the Subordinated Units between the transferred and retained Subordinated Units pursuant to Section 5.5(c)(ii) does not otherwise provide such economic uniformity to the Final Subordinated Units.

  • Economic Sanctions, Etc The Company will not, and will not permit any Controlled Entity to (a) become (including by virtue of being owned or controlled by a Blocked Person), own or control a Blocked Person or (b) directly or indirectly have any investment in or engage in any dealing or transaction (including any investment, dealing or transaction involving the proceeds of the Notes) with any Person if such investment, dealing or transaction (i) would cause any holder or any affiliate of such holder to be in violation of, or subject to sanctions under, any law or regulation applicable to such holder, or (ii) is prohibited by or subject to sanctions under any U.S. Economic Sanctions Laws.

  • Condominiums/Planned Unit Developments If the Mortgaged Property is a condominium unit or a planned unit development (other than a de minimis planned unit development) such condominium or planned unit development project such Mortgage Loan was originated in accordance with, and the Mortgaged Property meets the guidelines set forth in the Originator's Underwriting Guidelines;

  • Ability to Bear Economic Risk Each Purchaser acknowledges that investment in the Securities involves a high degree of risk, and represents that it is able, without materially impairing its financial condition, to hold the Securities for an indefinite period of time and to suffer a complete loss of its investment.

  • Economic Risk The Purchaser realizes that the purchase of the ------------- Stock will be a highly speculative investment and involves a high degree of risk, and the Purchaser is able, without impairing financial condition, to hold the Stock for an indefinite period of time and to suffer a complete loss on the Purchaser's investment.

  • Economic Equivalence So long as any Exchangeable Shares not owned by Acquiror or its Affiliates are outstanding:

  • Economic Sanctions None of the Company, the Sponsor, any non-independent director or officer or, to the knowledge of the Company, any independent director or director nominee, agent or affiliate of the Company is currently subject to any sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”) or any similar sanctions imposed by any other body, governmental or other, to which any of such persons is subject (collectively, “other economic sanctions”); and the Company will not directly or indirectly use the proceeds of the Offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any sanctions administered by OFAC or other economic sanctions.

  • XXXREAS the Trust is registered under the Investment Company Act of 1940, as amended, (the "1940 Act") as an open-end, series management investment company; and

  • Ability to Bear Economic Risk of Investment It recognizes that an investment in the Subordinated Notes involves substantial risk. It has the ability to bear the economic risk of the prospective investment in the Subordinated Notes, including the ability to hold the Subordinated Notes indefinitely, and further including the ability to bear a complete loss of all of its investment in the Company.

Time is Money Join Law Insider Premium to draft better contracts faster.