Contingent Rights. Independent of Owner’s (or any agent, successor or assign of Owner) performance hereunder, Operator may access the Property as necessary to provide Services through the Distribution System. Upon termination or expiration of this Agreement, Operator may also access the Property on a non-exclusive basis to provide Services to Occupants, and Owner will cooperate therewith to ensure Operator and subscribing Occupants may fulfill their respective service and subscription commitments without interruption.
Contingent Rights. Each Contingent Right shall entitle the holder thereof to receive at least two-ninths of one Distributable Warrant at the Distribution Time (as defined in the Warrant Agreement), as follows: (i) to the extent that no public holders of Ordinary Shares (such holders, “Public Shareholders”) redeem their Ordinary Shares in connection with the Business Combination (as defined in the Warrant Agreement) each Public Shareholder will receive two-ninths of a Distributable Warrant, and (ii) to the extent that any Public Shareholders redeem any of their Ordinary Shares in connection with the Business Combination, then (A) two-ninths of a Distributable Warrant will be issued for each Ordinary Share that was not redeemed (the “remaining public shares”), and (B) the aggregate amount of 1,777,778 Distributable Warrants less the number of warrants issued pursuant to the foregoing clause (A) will be issued on a pro rata basis to the holders of the remaining public shares based on their percentage of Ordinary Shares held after redemptions. To the extent that a Public Shareholder redeems any of their Ordinary Shares in connection with the Business Combination, that Public Shareholder will receive no portion of any Distributable Warrant per Ordinary Share redeemed. No additional consideration shall be paid by a holder of Contingent Rights in order to receive his, her or its Distributable Warrants at the Distribution Time. In no event will the Company be required to net cash settle any Contingent Rights or distribute any fractional Distributable Warrants.
Contingent Rights. The Contingent Rights, when issued and delivered in the manner set forth in the Contingent Rights Agreement against payment therefor, will be duly issued and delivered, and will constitute valid and binding obligations of the Company, enforceable against the Company in accordance with their terms, except as the enforceability thereof may be limited by bankruptcy, insolvency, or similar laws affecting creditors’ rights generally from time to time in effect and by equitable principles of general applicability.
Contingent Rights. (a) In the event that Alnylam elects not to seek or continue to seek or maintain patent protection on any Alnylam IOC Technology or Alnylam Collaboration IP which is subject to Tekmira’s licensed rights under Section 6.1.2(a) or (b), or Joint Collaboration IP, then Tekmira shall have the right (but not the obligation), at its expense, to file, prosecute and maintain in any country within the Territory patent protection on such Alnylam IOC Technology or Alnylam Collaboration IP in the name of Alnylam or on such Joint Collaboration IP in the names of Alnylam and Tekmira. In the event that Alnylam declines to file, prosecute and/or maintain Valid Claims at Tekmira’s request in Joint Collaboration IP, then Tekmira shall have the right (but not the obligation) at its expense, to file, prosecute and maintain in any country within the Territory patent prosecution on such Joint Collaboration IP in the names of Alnylam and Tekmira.
Contingent Rights. If Alnylam elects not to file or thereafter prosecute a particular Program Development within the UBC Controlled IP in any country, Alnylam will promptly notify UBC in writing, and UBC will have the right, but not the obligation, to file and prosecute the affected patent application, and/or maintain the affected patent in the applicable country(ies), at its expense. If UBC elects not to file or thereafter prosecute a particular Program Development within the AlCana Collaboration IP (other than any AlCana Collaboration IP that is also UBC Collaboration IP) in any country, UBC will promptly notify AlCana in writing, and AlCana will have the right, but not the obligation, to file and prosecute the affected patent application, and/or maintain the affected patent in the applicable country(ies), at its expense.
Contingent Rights. (a) In the event Argos has been granted a license under such Green Cross Improvements and Green Cross elects not to seek or continue to seek or maintain patent protection on any Green Cross Improvements in the Argos Territory, Argos shall have the right (but not the obligation), at its expense, to seek, prosecute and maintain in any country patent protection on such Green Cross Improvements in the name of Green Cross. Green Cross shall use Commercially Reasonable Efforts to make available to Argos its authorized attorneys, agents or representatives, and such of its employees as are reasonably necessary to assist Argos in obtaining and maintaining the
Contingent Rights. (a) In the event Clearside has been granted a license under such NovaMedica Improvements and NovaMedica elects not to seek or continue to seek or maintain patent protection on any NovaMedica Inventions in the Clearside Territory, Clearside shall have the right (but not the obligation), at its expense, to seek, prosecute and maintain in any country patent protection on such NovaMedica Improvements in the name of NovaMedica. NovaMedica shall use Commercially Reasonable Efforts to make available to Clearside its authorized attorneys, agents or representatives, and such of its employees as are reasonably necessary to assist Clearside in obtaining and maintaining the patent protection described under this Section 7.3.4(a). NovaMedica shall sign or use Commercially Reasonable Efforts to have signed all legal documents necessary to file and prosecute such patent applications or to obtain or maintain such patents.
Contingent Rights. Each Contingent Right shall entitle the holder thereof to receive one-sixth of one Distributable Warrant at the Distribution Time (as defined in the Warrant Agreement). No additional consideration shall be paid by a holder of Contingent Rights in order to receive his, her or its Distributable Warrants at the Distribution Time. In no event will the Company be required to net cash settle any Contingent Rights or distribute any fractional Distributable Warrants.
Contingent Rights. Each Contingent Right shall entitle the holder thereof to receive a pro rata share of 1,000,000 (or 1,150,000 if the underwriter’s over-allotment option in the Offering is exercised in full) Ordinary Shares at the distribution time, concurrently with the forfeiture by Artius II Acquisition Partners LLC, the Company’s sponsor, of an equal number of the Company’s Class B ordinary shares. In no event will the Company be required to distribute any fractional Distributable Shares. Fractional shares will either be rounded down to the nearest whole share or otherwise dealt with as determined by the Company’s board of directors in accordance with Cayman Islands laws.
Contingent Rights. If the Company's Pre-Tax Income for Fiscal Year 1998 exceeds $2,700,000, the Buyer shall, on written notice of Xxxxxxx to Buyer, repurchase from Xxxxxxx, within ten days of such request, up to (but no more than) 25,000 shares of the Xxxxxxx Shares during each of the second, third and fourth quarters of Fiscal Year 1999 and the first quarter of Fiscal Year 2000, at a purchase price equal to $5.00 multiplied by the number of such shares to be purchased. No such request will be valid if given within 45 days of any other notice under this Section 2 or under Section 3. In no event will the Buyer be required to purchase more than 25,000 of such shares during any such quarter.
