Additional Right. Notwithstanding any provision of Section 9, Isis will actively participate in the planning and conduct of any enforcement of Regulus IP or Isis IP and will take the lead of such enforcement to the extent that the scope or validity of any Licensed Patent Right Controlled by Isis [***].
Additional Right. Notwithstanding any provision of this Article 8, Isis will actively participate in the planning and conduct of any enforcement of Regulus Technology and will take the lead of such enforcement solely to the extent that the scope or validity of any Parent Company Patent Controlled by Isis and covering a [...***...] chemical modification is at risk. Such Parent Company Patents Controlled by Isis as of the Effective Date are set forth on Schedule 8.10.
Additional Right. In addition to the rights set forth in Paragraph 7.4 above, if Client fails to pay any fees or charges due under this Agreement, except those disputed in good faith, for 45 days, or fails to carry out any other material obligation under this Agreement, Shopperations may, at its option, suspend Client’s access to the SaaS Services, upon ten days’ prior written notice. Unless this Agreement is terminated pursuant to Paragraph 7.4 above, upon Client curing the default, Shopperations shall resume any suspended SaaS Services.
Additional Right. In addition to the rights set forth in this Agreement, if Customer fails to pay any fees or charges due under this Agreement, except those disputed in good faith, for 60 days, or fails to carry out any other material obligation under this Agreement, WORKS may, at its option, suspend Customer’s access to the Services, upon ten days prior written notice to Customer. Unless this Agreement is terminated pursuant to Paragraph 8.4 above, upon Customer curing the default, WORKS shall reinstate any suspended access to the Services.
Additional Right. At the option of 7th Level and upon 30 Trading Days written notice, and subject to satisfaction of the conditions to exercisability set forth below, 7th Level may exercise one right (the "Additional Right"), beginning 270 days after the Initial Closing Date and ending on the second anniversary of the Initial Closing Date, to require Xxxxxxxx to purchase a number of newly issued Common Stock (the "Additional Shares") equal to the lesser of the number (1) represented by $5 million divided by the Additional Purchase Price (as defined below), (2) that, when added to all shares previously issued to Xxxxxxxx under this Agreement, including Initial Shares, Secondary Shares, and shares issuable or issued under the Xxxxxxxx Rights (as defined below) up until the 7th Level Closing Date, would equal or exceed fifteen (15) percent of the shares of Common Stock outstanding on the Initial Closing Date until the end of the fifteenth month after the Initial Closing Date, at which such time the limit shall be raised from 15 percent to 19.9 percent, or (3) that equals four (4) multiplied by the arithmetic average of the daily trading volume for the 60-day trading period ending the day immediately prior to the 7th Level Notice Date (as defined below) as reported by Bloomberg. The Additional Right shall not be exercisable, unless: (A) the Common Stock is listed by the NASDAQ National market (or a national U.S. securities exchange) at the time of the 7th Level Notice Date and at the 7th Level Closing Date, (B) a Registration Statement (as defined in Section 3.A) is effective and the prospectus contained therein is current at the 7th Level Notice Date and at the 7th Level Closing Date, (C) there has been no Blackout Period (as defined in Section 3.A) or any other period in which the Registration Statement is not effective or not able to be used by Xxxxxxxx for resales within 30 Trading Days of the 7th Level Notice Date and 7th Level Closing Date, and (D) the Average Price for each of the 30 Trading Days through but excluding the third Trading Day immediately prior to the 7th Level Closing Date has continually exceeded three dollars ($3.00). Upon the exercise of the Additional Right and subject to satisfaction or waiver of the above-stated conditions on the 7th Level Closing Date, 7th Level shall issue and sell to Xxxxxxxx, and Xxxxxxxx shall purchase from 7th Level, the Additional Shares at a purchase price per share (the "Additional Purchase Price") equal to the lesser of (1) ...
Additional Right. In the event that there are two Subscribing Investors and one Subscribing Investor has or is deemed to have waived its right to exercise one of the options set forth in subsection 11.3 (the "Non-Exercising Subscribing Investor"), the Subscribing Investor who has exercised one of such options (the "Exercising Subscribing Investor") shall have the additional right to exercise, within thirty (30) days of the end of the thirty (30) day period set forth in subsection 11.3, by written notice to the Corporation and the other Subscribing Shareholders, the same option as exercised pursuant to subsection 11.3 for the remaining Non- Subscribing Investor(s) Shares or the remaining Non-Subscribing Investors Proportion of the Project Funds, as the case may be which was originally available to the Non-Exercising Subscribing Investor.
Additional Right. In the event that there is more than one Subscribing Investor and that one or more of the Subscribing Investors has/have or is/are deemed to have waived its right to exercise one of the options set forth in subsection 11.9.1 or 11.9.2, as the case may be, (the "Non-Exercising Subscribing Investor(s)"), each Subscribing Investor who has exercised one of such options (the "Exercising Subscribing Investor(s)") shall have the additional right to exercise, within thirty (30) days of the end of the thirty (30) day period set forth in subsection 11.9 , by written notice to the Corporation and the other Subscribing Investors, the same option as it exercised pursuant to subsection 11.9 for the Compositech's remaining Proportion of the Additional Common Shares or of the Project Funds, as the case may be which was originally available to the Non-Exercising Subscribing Investor.
Additional Right. In addition to any other termination rights, PowerSchool shall have the right to terminate this Agreement if Customer fails to make payment under any other agreement with PowerSchool and fails to cure material breach within thirty (30) days after receipt of written notice from PowerSchool.
Additional Right. Notwithstanding anything to the contrary contained in this Agreement, if one of the Purchasers breaches its obligations under this Agreement or refuses to consummate the acquisition of the portion of the Shares it is obligated to purchase (upon satisfaction of the conditions thereto), then (i) the non-breaching Purchaser shall have the right, but not the obligation, to purchase from the Company the portion of the Shares that were to be acquired by the breaching Purchaser and (ii) the Company shall have no right under Section 9 hereof to terminate this Agreement if the non-breaching Purchaser commits in writing to purchase such Shares, subject only to the satisfaction or waiver of the conditions set forth in Section 8.1.1.
Additional Right. Additional rent ("Additional Rent") in the amount of any item referred to as such in this Lease which accrues while this Lease is in effect (which Additional Rent shall include any and all charges or other amounts which Tenant is obligated to pay to Landlord under this Lease, other than the Base Rent).
