Additional Expenditures. All sums Lender pays or expends pursuant to the Loan Documents in excess of the Maximum Principal Amount will be (i) an additional loan to Borrower, (ii) Indebtedness, and (iii) immediately due and payable, upon Lender's written demand to Borrower, together with interest at the Default Rate from the date of Lender's expenditure until Borrower repays the expenditure and interest to Lender. Notwithstanding anything to the contrary in the Loan Documents, Lender is not obligated to make any expenditures.
Additional Expenditures. In the event that the scope, scale or direction of the Research Collaboration as described in the Overall Research Plan or the applicable Annual Research Plan changes after being approved by the Research Committee and Steering Committee, any additional expenditures reasonably required to be made by Biosource to support the Research Collaboration shall be funded by TDCC; provided, that all such changes in the scope, scale or direction of the Research Collaboration which may trigger additional funding by TDCC and the maximum amount of any such additional expenditures shall be approved in advance by TDCC.
Additional Expenditures. Transferor shall use commercially reasonable efforts to cause the following items and obligations to be fully paid, satisfied and completed (to Transferee’s reasonable satisfaction) prior to the Closing, all at Transferor’s sole cost and expense (collectively, the “Transferor Funding Requirements”): (a) each of the capital projects identified on Exhibit “N” attached hereto; and (b) all costs for the Tenant allowances, Tenant improvements and Lease commissions identified on Exhibit “O” attached hereto. To the extent that Transferor fails to fully pay, satisfy and complete any of the Transferor Funding Requirements prior to the Closing (each such failed Transferor Funding Requirement being hereinafter referred to as a “Failed Funding Requirement” and, collectively, as the “Failed Funding Requirements”), then (i) Transferee shall receive a credit against the Contribution Value equal to the expected cost (reasonably determined by Transferee and Transferor) to pay, satisfy and complete all Failed Funding Requirements and (ii) after the Closing, Transferee shall pay, satisfy and complete all Failed Funding Requirements (or shall cause its applicable property manager to pay, satisfy and complete all Failed Funding Requirements) at Transferee’s sole cost and expense. In the event that the credit against the Contribution Value that Transferee receives under this Section 10.9 exceeds the actual cost of completing all Failed Funding Requirements (as evidenced by invoices from third parties), then Transferee shall promptly distribute the amount of such excess to Transferor. In the event that the actual cost of completing all Failed Funding Requirements (as evidenced by invoices from third parties) exceeds the credit against the Contribution Value that Transferee receives under this Section 10.9, then Transferor shall promptly upon demand pay to Transferee the amount of such excess. The provisions of this Section 10.9 shall survive the Closing.
Additional Expenditures. 15 6.4. Royalties Payable by SC and its Affiliates and Sublicensees . . . . . . . . . . . . . . . . . . . . 16 6.4.1. Royalties on Net Sales of the Products . . . . 16 6.4.2. Sublicenses . . . . . . . . . . . . . . . . . . 16 6.4.3.
Additional Expenditures. In the event that the scope, scale or direction of the Research Collaboration as described in the draft Overall Research Plan attached hereto as EXHIBIT A1 changes after the Effective Date, any additional expenditures required to be made by GTC to support the Research Collaboration shall be funded by SC. All changes in the scope, scale or direction of the Research Collaboration which may trigger additional funding by SC shall be approved in advance by the Joint Research Committee. If such * Confidential information omitted and filed separately with the Commission additional payments relate to items of capital equipment or Third Party software which are reasonably anticipated to be used by GTC to a greater extent outside the Research Collaboration than within the Research Collaboration, then GTC and SC shall negotiate in good faith regarding the allocation of such costs between GTC and SC; provided, however, that GTC cannot not be required to contribute to such costs without its consent. Any payments which become due under this Subsection shall be made in United States dollars quarterly in advance by certified or bank check or wire transfer.
Additional Expenditures. During the one year period commencing on the Effective Date, Licensee shall spend monies in connection with the development of Procedures and Products, including funding certain pre-BLA activities and initiating clinical trials (the “Development Activities”). Such monies shall be expended substantially as provided for on Exhibit D attached hereto. Notwithstanding Exhibit D, in the event that Licensee determines, in its reasonable judgment, including based upon a resolution of the FDA Action, that it is not necessary to spend monies in conformity with Exhibit D in order to adequately develop Procedures and Products for its purposes, Licensee shall be entitled to deviate from Exhibit D.
Additional Expenditures. Notwithstanding Section 7.4, the Assignee may expend funds on non-Exploration Expenditures as long as the expenses are for the benefit of the Property.
Additional Expenditures. Razorfish shall not make expenditures or incur obligations with respect to the matters referenced in this Section 6.1.14 prior to the Consummation of the Offer (i) in excess of the aggregate amounts set forth in Section 6.1.14A of the Disclosure Schedule for (A) the fees of the Broker referred to in Section 5.10, (B) the fees for the Fairness Opinion referred to in Section 5.17, (C) the legal, accounting and similar fees and expenses in connection with the Consummation of the Offer (provided, however, that this Section 6.1.14 shall not apply to limit any reasonable legal fees that result from any shareholder or similar litigation that arises subsequent to the Commencement of the Offer and that is a result of the Offer), and (D) the insurance referred to in Section 7.5.3; and (ii) in excess of the aggregate amounts set forth in Section 6.1.14B of the Disclosure Schedule for employee, officer and director severance or termination payments with respect to the employee categories identified in, and as specifically provided in Section 6.1.14B of the Disclosure Schedule. A breach or violation of this Section 6.1.14 shall be deemed to be Material and to be a Material Adverse Effect.
Additional Expenditures. Razorfish shall not make expenditures or incur obligations with respect to the matters referenced in this Section 6.1.14 prior to the Consummation of the Offer (i) in excess of the aggregate amounts set forth in Section 6.1.14A of the Disclosure Schedule for (A) the fees of the Broker referred to in Section 5.10, (B) the fees for the Fairness Opinion referred to in Section 5.17, (C) the legal, accounting and similar fees and expenses in connection with the Consummation of the Offer (provided, however, that this Section 6.1.14 shall not apply to limit any 35 of 57 CUSIP No. 755236 20 5 ----------- reasonable legal fees that result from any shareholder or similar litigation that arises subsequent to the Commencement of the Offer and that is a result of the Offer), and (D) the insurance referred to in Section 7.5.3; and (ii) in excess of the aggregate amounts set forth in Section 6.1.14B of the Disclosure Schedule for employee, officer and director severance or termination payments with respect to the employee categories identified in, and as specifically provided in Section 6.1.14B of the Disclosure Schedule. A breach or violation of this Section 6.1.14 shall be deemed to be Material and to be a Material Adverse Effect.
Additional Expenditures. (a) Cayuga shall not be required or otherwise obligated to incur any Additional Expenditures, except as permitted by this Section 5.3. If there is a need for Additional Expenditures, Cayuga will provide written notice to NYSEG as soon as possible, but in no event greater than ten (10) calendar days from the start of the relevant Forced Outage, whether expenses not recovered in the Monthly Fixed Price are required to return the RSS Unit or Units to service. This notice will indicate the amount of Additional Expenditures expected to be required and the length of time required to return the RSS Unit or Units to service (the “Repair Time”).
(b) If within sixty (60) calendar days of receipt of such notice, NYSEG provides Cayuga with written notification that it will pay the full amount, or a lesser amount mutually agreed to by the Parties, of the Additional Expenditures, Cayuga will incur such Additional Expenditures and restore the RSS Unit or Units to service as soon as practicable but in no event longer than the Repair Time identified per subsection (a) above.
(c) NYSEG shall pay Cayuga for Additional Expenditures, to the extent NYSEG has provided Cayuga with written notification that it will pay the Additional Expenditures, within ten (10) calendar days of NYSEG’s receipt of Cayuga’s notice it has incurred such Additional Expenditures.
(d) NYSEG shall have the right to dispute the amount of Additional Expenditures identified as necessary by Xxxxxx, in which case the Parties will engage in good faith negotiations to attempt to reach a resolution of the appropriate level of Additional Expenditures required. If the Parties are unable to agree on the level of Additional Expenditures, they agree to seek the assistance of Staff to help facilitate the resolution of their differences and the Parties shall at all times negotiate in good faith.
(e) Cayuga is obligated to use reasonable efforts to minimize Additional Expenditures (including but not limited to pursuing any insurance claims it has available) and agrees that any Additional Expenditures shall be offset by any proceeds or payments from any third‐party sources, including insurance proceeds, paid to Cayuga to return the RSS Unit or Units to service from the Forced Outage. Any insurance proceeds associated with a related claim shall be deposited into an escrow account at a mutually acceptable United States Bank pursuant to a mutually acceptable escrow agreement consistent with this Section. The escrow account...
