Obligation to Market Sample Clauses

Obligation to Market. POINT shall use Commercially Reasonable Efforts to market, distribute sell and/or have sold the Product in the Territory, and specifically in Canada, USA, EU and at least one country in ROW. A timetable will be negotiated in good faith by the Parties for the marketing approval and launch of Product in each of the Sub-Territories.
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Obligation to Market. (a) Upon receipt of Regulatory Approval for a Product, Xxxxxx agrees to follow its marketing plan on an annual basis, as such plan may be revised or changed by Xxxxxx from time to time. Xxxxxx will use commercially reasonable diligence in its marketing and sales efforts. Xxxxxx'x sales and marketing efforts, which will comply with the regulatory requirements of the applicable regulatory jurisdiction, may include the development of promotional materials, certain customer letters, sales calls, presentations and other documentation in support of marketing and sales personnel representation of the Products. Xxxxxx shall coordinate the production of promotional materials with UroGen so that the parties' marketing efforts are complementary and so that UroGen may comply with such regulatory requirements as may apply to such materials and will provide UroGen with marketing comments on promotional materials prepared by UroGen. Xxxxxx'x efforts may also include, at its sole discretion, the funding of marketing studies relating to the Products. Xxxxxx will coordinate the initiation and completion of such marketing studies with UroGen.
Sample 1
Obligation to Market. X. Xxxxxx shall strive to achieve and exceed Total Net Sales figures shown in the "Plan A" Projections of Schedule 6. Xxxxxx agrees to follow the ---------- Marketing Resource Plan as approved and revised by the Marketing Committee from time to time and subject to the provisions of Section 4 of this Agreement; and Xxxxxx further agrees that following the receipt of Regulatory Approval in the United States for the Isolex(R) 300SA, Xxxxxx will expend at least the following minimum budgeted amounts (expressed below as a percentage of projected Total Net Sales shown in the "Plan A" Projections) for expenses of sales and marketing of the Isolex(R) and Maxsep(R) Products and Reagent Kits hereunder, provided that such amount shall not be less than [Confidential -------- Information Omitted] per calendar year for each of the first four (4) Agreement Years of the Term (a pro rata portion of such amount for 1997, the --- ---- first Agreement Year hereunder, or, if such Regulatory Approval is not obtained in 1997, for any subsequent Agreement Year during which such Regulatory Approval is obtained)(the "Budgeted Expenses"): Agreement Year Percentage of Projected Total Net Sales -------------- --------------------------------------- 1997 [Confidential Information Omitted] 1998 [Confidential Information Omitted] 1999 [Confidential Information Omitted] 2000 [Confidential Information Omitted] 2001 [Confidential Information Omitted] 2002 [Confidential Information Omitted] Budgeted Expenses, for this purpose, will include (a) direct, indirect and allocated expenses (as allocated in accordance with Xxxxxx'x standard practices applied consistently to all Xxxxxx'x divisions and businesses) of Xxxxxx for the sales and marketing of Products, and (b) certain co-marketing expenses of Newco as provided in Section 8.1(B) below. The portion of Budgeted Expenses comprising Baxter expenses includes, but is not limited to, expenses associated with salaries, benefits, training,installation of instruments, customer services, customer operations/administration, selling and promotional activities, warehousing, freight and delivery of Products, field service, clinical education, documentation, reprint acquisition and other materials and equipment such as telephone lines and 800 number telephone services. Xxxxxx'x sales and marketing efforts, which will comply with regulatory requirements, may include the development of promotional materials, certain customer letters, sales calls, presentatio...
Sample 1

Related to Obligation to Market

  • Obligation to Issue Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of Borrower herein set forth, the Issuing Bank hereby agrees to issue for the account of Borrower, one or more Facility Letters of Credit in accordance with this Article IIA, from time to time during the period commencing on the Agreement Execution Date and ending on a date sixty (60) days prior to the Revolving Facility Termination Date.

  • Obligation to Mitigate Each Lender (which term shall include Issuing Bank for purposes of this Section 2.21) agrees that, as promptly as practicable after the officer of such Lender responsible for administering its Loans or Letters of Credit, as the case may be, becomes aware of the occurrence of an event or the existence of a condition that would cause such Lender to become an Affected Lender or that would entitle such Lender to receive payments under Section 2.18, 2.19 or 2.20, it will, to the extent not inconsistent with the internal policies of such Lender and any applicable legal or regulatory restrictions, use reasonable efforts to (a) make, issue, fund or maintain its Credit Extensions, including any Affected Loans, through another office of such Lender, or (b) take such other measures as such Lender may deem reasonable, if as a result thereof the circumstances which would cause such Lender to be an Affected Lender would cease to exist or the additional amounts which would otherwise be required to be paid to such Lender pursuant to Section 2.18, 2.19 or 2.20 would be materially reduced and if, as determined by such Lender in its sole discretion, the making, issuing, funding or maintaining of such Revolving Commitments, Loans or Letters of Credit through such other office or in accordance with such other measures, as the case may be, would not otherwise adversely affect such Revolving Commitments, Loans or Letters of Credit or the interests of such Lender; provided, such Lender will not be obligated to utilize such other office or take such other measures pursuant to this Section 2.21 unless Borrower agrees to pay all reasonable incremental expenses incurred by such Lender as a result of utilizing such other office or take such other measures as described above. A certificate as to the amount of any such expenses payable by Borrower pursuant to this Section 2.21 (setting forth in reasonable detail the basis for requesting such amount) submitted by such Lender to Borrower (with a copy to Administrative Agent) shall be conclusive absent manifest error.

  • Obligation to Notify If the Participant makes the election permitted under Section 83(b) of the Internal Revenue Code of 1986, as amended (that is, an election to include in gross income in the year of transfer the amounts specified in Section 83(b)), the Participant shall notify the Company of such election within 10 days of filing notice of the election with the Internal Revenue Service and shall within the same 10-day period remit to the Company an amount sufficient in the opinion of the Company to satisfy any federal, state and other governmental tax withholding requirements related to such inclusion in Participant’s income. The Participant should consult with his or her tax advisor to determine the tax consequences of acquiring the Restricted Stock and the advantages and disadvantages of filing the Section 83(b) election. The Participant acknowledges that it is his or her sole responsibility, and not the Company’s, to file a timely election under Section 83(b), even if the Participant requests the Company or its representatives to make this filing on his or her behalf.

  • Obligation to Sell Several If there is more than one member of the Executive Group, the failure of any one member thereof to perform its obligations hereunder shall not excuse or affect the obligations of any other member thereof, and the closing of the purchases from such other members by Investors shall not excuse, or constitute a waiver of its rights against, the defaulting member.

  • Obligation to Make Expense Advances Upon receipt of a written undertaking by or on behalf of the Indemnitee to repay such amounts if it shall ultimately be determined that the Indemnitee is not entitled to be indemnified therefore by the Company hereunder under applicable law, the Company shall make Expense Advances to Indemnitee.

  • Obligation to Purchase (a) The Subscriber agrees to purchase from the Company convertible notes ("Put Notes") in up to the principal amount set forth on the signature page hereto for up to the aggregate amount of Put Note principal ("Put Purchase Price") designated on the signature page hereto (the "Put"). Collectively the Put Notes, Warrants issuable in connection with the Put, and Common Stock issuable upon conversion of the Put Notes and exercise of the Warrants are referred to as the "Put Securities".) The Warrants issuable in connection with the Put Notes are referred to herein as Warrants or Put Warrants. Except as described in Section 11.1(c) hereof, each Put Note will be identical to the Note except that the Maturity Date will be two years from each Put Closing Date (as hereinafter defined). The Holders of the Put Securities are granted all the rights, undertakings, remedies, liquidated damages and indemnification granted to the Subscriber in connection with the Note, including but not limited to, the rights and procedures set forth in Section 9 hereof and the registration rights described in Section 10 hereof.

  • Guarantee in Addition to Other Obligations The obligations of each Guarantor under its Guarantee and this Indenture are in addition to and not in substitution for any other obligations to the Trustee or to any of the Holders in relation to this Indenture or the Notes and any guarantees or security at any time held by or for the benefit of any of them.

  • No Obligation to Pursue Others Bank has no obligation to attempt to satisfy the Obligations by collecting them from any other person liable for them and Bank may release, modify or waive any collateral provided by any other Person to secure any of the Obligations, all without affecting Bank’s rights against Borrower. Borrower waives any right it may have to require Bank to pursue any other Person for any of the Obligations.

  • Obligation to Exercise The Optionee shall have no obligation to exercise any option granted by this Agreement.

  • Obligation to Reserve Sufficient Shares The Company shall at all times during the term of this Option reserve and keep available a sufficient number of Shares to satisfy this Agreement.

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