Common use of Condition to Preliminary Agreement Clause in Contracts

Condition to Preliminary Agreement. Following the notice period to Eligible States set forth in subsection II.A above, Allergan shall determine on or before the Preliminary Agreement Date whether, in its sole discretion enough States have agreed to become Settling States to proceed with notice to Subdivisions as set forth in Section X below. The determination to proceed shall be in the sole discretion of Allergan and may be based on any criteria or factors deemed relevant by Allergan. If Allergan determines that this condition has been satisfied, and that notice to the Subdivisions should proceed, it will so notify the Settling States by providing notice to the Enforcement Committee on the Preliminary Agreement Date. If Allergan determines that this condition has not been satisfied, it will so notify the Settling States by providing notice to the Enforcement Committee, and this Agreement will have no further effect and all releases and other commitments or obligations contained herein will be void, other than Allergan’s funding of Implementation Costs to date. The Preliminary Agreement Date may be extended by written agreement of Allergan and the Enforcement Committee.

Condition to Preliminary Agreement. Following the notice period to Eligible States set forth in subsection II.A above, Allergan Teva shall determine on or before the Preliminary Agreement Date whether, in its sole discretion enough States have agreed to become Settling States to proceed with notice to Subdivisions as set forth in Section X below. The determination to proceed shall be in the sole discretion of Allergan Teva and may be based on any criteria or factors deemed relevant by AllerganTeva. If Allergan Teva determines that this condition has been satisfied, and that notice to the Subdivisions should proceed, it will so notify the Settling States by providing notice to the Enforcement Committee on the Preliminary Agreement Date. If Allergan Teva determines that this condition has not been satisfied, it will so notify the Settling States by providing notice to the Enforcement Committee, and this Agreement will have no further effect and all releases and other commitments or obligations contained herein will be void, void other than AllerganTeva’s funding of Implementation Costs incurred to date. The Preliminary Agreement Date may be extended by written agreement of Allergan Teva and the Enforcement Committee.