Designation of Finance Representatives; Reconciliation Sample Clauses

Designation of Finance Representatives; Reconciliation. (i) Each of the Parties shall designate a representative from its Finance Department to interact with the designee of the other Party concerning preparation of the budget for each Combined Therapy Trial (including the Initial Trial) for approval by the JDC, reconciliation of costs incurred in the conduct of each Combined Therapy Trial, the method to be used by both Parties to determine the amounts to be invoiced by BioXcel to Nektar hereunder, and to act as the point of contact for any other matters arising between the Parties under Article 7 (the “Finance Representatives”). Nektar shall reimburse BioXcel, on a quarterly basis in arrears, for Nektar’s [***] percent ([***]%) share of all Third Party Study Costs under U.S. Generally Accepted Accounting Principles incurred by BioXcel during the prior quarter. Without the prior written consent of Nektar, the amount to be reimbursed by Nektar for its [***] percent ([***]%) share of Third Party Study Costs as provided in the previous sentence shall not exceed [***] United CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WHERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT PURSUANT TO RULE 24B-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. States dollars ($[***]) per patient completing Combined Therapy in accordance with the Protocol. In the event BioXcel becomes aware that its actual Third Party Study Costs would cause the cap on Nektar’s reimbursement obligation to be exceeded, BioXcel shall promptly notify Nektar through its JDC representatives, and the Parties, through the JDC, shall discuss whether to adjust the budget and whether the cap on Nektar’s reimbursement obligation should be revised to cover [***] percent ([***]%) of BioXcel’s actual Third Party Study Costs. Within [***] ([***]) Business Days after the end of each quarter BioXcel shall submit to Nektar an estimate of Nektar’s [***] percent ([***]%) share of Third Party Study Costs for the prior quarter. Within [***] ([***]) Business Days of the end of each quarter BioXcel shall submit to Nektar (1) a final invoice for Nektar’s [***] percent ([***]%) share of Third Party Study costs for the prior quarter, and (2) an electronic report that specifies in reasonable detail all such expenses included in such Third Party Study Costs, and all Section 5.1(a) and Section ...
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Related to Designation of Finance Representatives; Reconciliation

  • Accounting and Other Administrative Services The Manager shall:

  • Appointment of Financial Institution as Agent for the Company The Company may appoint a financial institution (which may be the Collateral Agent) to act as its agent in performing its obligations and in accepting and enforcing performance of the obligations of the Purchase Contract Agent and the Holders, under this Agreement and the Purchase Contracts, by giving notice of such appointment in the manner provided in Section 1.05 hereof. Any such appointment shall not relieve the Company in any way from its obligations hereunder.

  • Certificate of Financial Officer – Swap Agreements Concurrently with any delivery of financial statements under Section 8.01(a) and Section 8.01(b), a certificate of a Financial Officer, in form and substance satisfactory to the Administrative Agent, setting forth as of the last Business Day of such fiscal quarter or fiscal year, a true and complete list of all Swap Agreements of the Borrower and each Subsidiary, the material terms thereof (including the type, term, effective date, termination date and notional amounts or volumes), the net xxxx-to-market value therefor, any new credit support agreements relating thereto not listed on Schedule 7.20, any margin required or supplied under any credit support document, and the counterparty to each such agreement.

  • Termination and Replacement of Financial Institution The Financial Institution may terminate its rights and obligations under this Agreement if the Secured Party resigns or is removed as Indenture Trustee under the Indenture. The Grantor may terminate the rights and obligations of the Financial Institution if the Financial Institution ceases to be a Qualified Institution. No termination of the Financial Institution will be effective until new Collateral Accounts are established with, and the cash and other financial assets credited to the Collateral Accounts are transferred to, another securities intermediary who has agreed to accept the obligations of the Financial Institution under this Agreement or a similar agreement.

  • Certificate of Financial Officer — Compliance Concurrently with any delivery of financial statements under Section 8.01(a) or Section 8.01(b), a certificate of a Financial Officer in substantially the form of Exhibit D hereto (i) certifying as to whether a Default has occurred and, if a Default has occurred, specifying the details thereof and any action taken or proposed to be taken with respect thereto, (ii) setting forth reasonably detailed calculations demonstrating compliance with Section 8.13(b) and Section 9.01 and (iii) stating whether any change in GAAP or in the application thereof has occurred since the date of the audited financial statements referred to in Section 7.04 and, if any such change has occurred, specifying the effect of such change on the financial statements accompanying such certificate.

  • Location of Financial Institution Regardless of any provision in any other agreement, for purposes of the UCC, New York will be the location of the bank for purposes of Sections 9-301, 9-304 and 9-305 of the UCC and the securities intermediary for purposes of Sections 9-301 and 9-305 and Section 8-110 of the UCC.

  • Certificate of Financial Officer – Consolidating Information If, at any time, all of the Consolidated Subsidiaries of the Borrower are not Consolidated Restricted Subsidiaries, then concurrently with any delivery of financial statements under Section 8.01(a) or Section 8.01(b), a certificate of a Financial Officer setting forth consolidating spreadsheets that show all Consolidated Unrestricted Subsidiaries and the eliminating entries, in such form as would be presentable to the auditors of the Borrower.

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