Firm Commitment. Service Provider shall provide Termination Assistance Services regardless of the reason for the Assistance Event (including a termination for cause by Service Provider); provided that if Service Provider terminates for cause in accordance with Section 20.1(b), DIR will provide reasonable assurance to Service Provider that DIR has sufficient funding to pay for any Termination Assistance Services.
Firm Commitment. Shipper’s Nomination shall be available on a firm basis up to the lesser of:
Firm Commitment. Xxxxxxx’s Nomination shall be available on a firm basis up to the lesser of:
Firm Commitment. Successful Respondent shall provide Termination Assistance Services regardless of the reason for the Assistance Event (including a termination for cause by Successful Respondent).
Firm Commitment. The cornerstone investment shall be a firm commitment of the investor which is not conditional on any conditions other than the IPO taking place. Should the investment require any conditions to be met on the part of the investor (including regulatory or internal approvals or level of pricing), it is recommended that such conditions are satisfied before the CIA is entered into. In rare occasions where certain conditions are included in the CIA, the sponsors and the issuer shall carefully consider the risks and include disclosure of such conditions in the IPO prospectus.
Firm Commitment. Supplier shall provide Termination Assistance Services to Kraft and the Eligible Recipients, or their designee(s) regardless of the reason for the expiration or termination of the Term; provided, if this Agreement is terminated by Supplier under Section 20.1.2 for failure to pay undisputed amounts, Supplier may require payment by Kraft in advance for Termination Assistance Services to be provided or performed under this Section 4.4. At Kraft’s request, Supplier shall provide Termination Assistance Services directly to an Eligible Recipient or an Entity acquiring Control of an Eligible Recipient; provided that, unless otherwise agreed by the Parties, all such Termination Assistance Services shall be performed subject to and in accordance with the terms and conditions of this Agreement.
Firm Commitment. Xxxxxxx’s Nomination for the remainder of the gas day shall not exceed the lesser of:
Firm Commitment. The (a) [***] of each Launch Period Forecast, and (b) [***] of any Rolling Forecast that is not a Launch Period Forecast, shall constitute a firm order for the quantities of Bulk Drug Product and a binding commitment to submit Purchase Orders for the quantities of Bulk Drug Product specified therein (“Firm Commitment”). Except as set forth in Section 5.4 and Section 5.5, the following [***] Calendar Quarters of a Launch Period Forecast and the following [***] Calendar Quarters of any Rolling Forecast that is not a Launch Period Forecast shall be non-binding, good faith estimates for planning purposes only and shall not constitute binding commitments by Orion to purchase Bulk Drug Product. The minimum size of a Firm Commitment (consisting of one delivery) shall be one Batch of Bulk Drug Product and all quantities of Bulk Drug Product shall be forecasted in multiples of full Batch quantities. The number of Insertion Tools deemed to be included in the Firm Commitment shall be determined in accordance with the last sentence of Section 5.6.2.
Firm Commitment. Supplier shall provide Termination Assistance Services to ABM or its designee regardless of the reason for the expiration or termination of the Term; provided, if the Agreement is terminated by Supplier under Section 20.1(b) for ABM’s failure to pay amounts due under this Agreement, Supplier may require ABM to pay in advance for Termination Assistance Services provided or performed under this Section 4.3 (including Services provided or performed pursuant to Section 4.3(b)(8)) in accordance with Section 4.3(a)(5). At ABM’s request, Supplier shall provide Termination Assistance Services directly to an Eligible Recipient or an Entity acquiring Control of an Eligible Recipient; provided that, unless otherwise agreed by the Parties, all such Termination Assistance Services shall be performed subject to and in accordance with the terms and conditions of this Agreement.
Firm Commitment. [*****] of each forecast delivered pursuant to Section 5.1(a) will be considered a binding firm order (“Firm Commitment”).
