Continued Availability. If the Specification produced under a new or revised Umbrella JSR adopts by reference a Specification that previously had been available for implementation as an Independent Implementation (“Stand-Alone Component”), then the Spec Lead for the Stand-Alone Component may determine in its reasonable discretion and in accordance with the Process whether or not to make the Stand- Alone Component available for Independent Implementation in its revised form as promulgated under the Umbrella JSR. The Spec Lead for the Stand-Alone Component shall not impinge on the right of a third party to create an Independent Implementation of the most recent prior version of the Stand-Alone Compo- nent.
Continued Availability. Following the First Commercial Sale of a Licensed Product in a country in the Territory and until the expiration or termination of this Agreement, Company shall be responsible for manufacturing (or having manufactured) at its sole expense and using Commercially Reasonable Efforts to maintain supplies of such Licensed Product sufficient to satisfy Company’s expected Commercialization efforts in such country.
Continued Availability. The Payment is contingent upon continued funding availability through Avista’s Tariff for the Equipment applicable under this Agreement.
Continued Availability. Following the First Commercial Sale of a Licensed Product in a Major Market Country in the Territory and until the expiration or termination of this Agreement, Elixir shall use Commercially Reasonable Efforts to supply and keep such Licensed Product reasonably available to the public in such country.
Continued Availability. Following the First Commercial Sale of a Licensed Product in a Major Market Country in the Territory and until the expiration or termination of this Agreement, Retrophin shall use Commercially Reasonable Efforts to supply and keep such Licensed Product reasonably available to the public in such country.
Continued Availability. Following the First Commercial Sale of a Licensed Product in a Major Market Country in the Territory and until the expiration or termination of this Agreement, Retrophin shall use Commercially Reasonable Efforts to supply and keep such Licensed Product reasonably available to the public in such country. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
Continued Availability. Following the First Commercial Sale of a Product in a country in the Territory and until the expiration or termination of this Agreement, the Commercializing Party shall use Commercially Reasonable Efforts to supply and keep the Product reasonably available to the public in such country.
Continued Availability. Following the First Commercial Sale of a Licensed Product in a country in the Territory and until the expiration or termination of this Agreement, ITI shall use Commercially Reasonable Efforts to maintain supplies of such Licensed Product sufficient to satisfy ITI’s expected Commercialization efforts in such country.
Continued Availability. Notwithstanding anything to the contrary in the Credit Agreement, during the Waiver Period the Borrower shall be permitted (i) to borrow, prepay, in whole or in part, and reborrow, in accordance with the terms and conditions hereof (A) Working Capital Advances and (B) Swing Line Advances, which, in each case, shall be Prime Rate Advances, (ii) to enter into Hedge Agreements pursuant to Section 5.1(d) of this Amendment, and (iii) to open Letters of Credit; provided, however, notwithstanding anything to the contrary in the Credit Agreement, during the Waiver Period the Borrower shall not be permitted to borrow in excess of $40,000,000 (which amount shall include the aggregate amount of the F/X Commitment) without the prior consent of the Administrative Agent and the Lenders.
Continued Availability. Following the First Commercial Sale of a Licensed Product in a Major Market Country in the Territory and until the expiration or termination of this Agreement, Pharmacopeia shall use Commercially Reasonable Efforts to supply and keep such Licensed Product reasonably available to the public in such country.
