Destruction of Stocks Sample Clauses

Destruction of Stocks. Stocks of Bulk Product, finished Product, finished Promotional Samples, finished Phase IV Study Samples and finished Clinical Samples not transferred to Nycomed or Nycomed’s appointee or stocks not sold out by Partner in accordance with Section 19.1.7.1 shall be destroyed. The costs of such destruction shall be (i) borne by Partner if this Agreement has been terminated by Nycomed pursuant to Sections 18.2.1, 18.2.2, 18.3.1.1 or 18.3.2, or by Partner pursuant to Section 18.4, (ii) reimbursed to Partner by Nycomed if this Agreement has been terminated by Partner pursuant to Sections 18.2.1 or 18.2.2, and (iii) shared equally by the Parties if this Agreement has been terminated by either Party pursuant to Sections 18.2.3 or 18.2.4, unless the Parties reach another agreement with respect to such destruction. Nycomed or its duly authorized representative shall have the right to supervise any such destruction.
Sample 1
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Destruction of Stocks. Stocks of the Products not handed over to Nycomed or Nycomed's nominee or stocks not sold out by Sepracor in accordance with the preceding sub-paragraph shall be destroyed. The costs of such destruction shall be borne by [**], if Nycomed has terminated this Agreement pursuant to Section 18.2.1 or 18.2.2 for Breach by or an Insolvency Event affecting Sepracor. The costs of such destruction shall be borne by [**], if Sepracor has terminated this Agreement pursuant to Section 18.2.1 or 18.2.2 for Breach by or an Insolvency Event affecting Nycomed. Otherwise, [**] unless the Parties are able to reach an amicable solution. Nycomed or its duly authorized representative shall have the right to supervise any such destruction.
Sample 1

Related to Destruction of Stocks

  • Reservation of Stock The Company will at all times reserve and keep available, solely for issuance and delivery upon the exercise of this Warrant, such number of Warrant Shares and other securities, cash and/or property, as from time to time shall be issuable upon the exercise of this Warrant.

  • No Manipulation of Stock The Company has not taken and will not, in violation of applicable law, take, any action designed to or that might reasonably be expected to cause or result in stabilization or manipulation of the price of the Common Stock to facilitate the sale or resale of the Shares.

  • Combination of Stock If the number of shares of Common Stock outstanding at any time after the date of the issuance of this Warrant shall have been decreased by a combination of the outstanding shares of Common Stock, then, immediately after the effective date of such combination, the number of shares of Common Stock to be delivered upon exercise of this Warrant will be decreased so that the Warrantholder thereafter will be entitled to receive the number of shares of Common Stock that such Warrantholder would have owned immediately following such action had this Warrant been exercised immediately prior thereto, and the Exercise Price will be adjusted as provided below in paragraph (g).

  • RESERVATION OF STOCK, ETC ISSUABLE ON EXERCISE OF WARRANT; FINANCIAL STATEMENTS. The Company will at all times reserve and keep available, solely for issuance and delivery on the exercise of the Warrants, all shares of Common Stock (or Other Securities) from time to time issuable on the exercise of the Warrant. This Warrant entitles the Holder hereof to receive copies of all financial and other information distributed or required to be distributed to the holders of the Company's Common Stock.

  • Aggregation of Stock All shares of Registrable Securities held or acquired by Affiliates shall be aggregated together for the purpose of determining the availability of any rights under this Agreement and such Affiliated persons may apportion such rights as among themselves in any manner they deem appropriate.

  • Acquisition of Stock by Third Party Any Person (as defined below) is or becomes the Beneficial Owner (as defined below), directly or indirectly, of securities of the Company representing fifteen percent (15%) or more of the combined voting power of the Company’s then outstanding securities;

  • Distribution of Stock Subject to Section 8, the Company shall cause the Participant to be the record owner of any shares of Stock to which the Participant becomes entitled to receive under this Agreement in accordance with the payment terms described in Section 3.

  • Surrender of Stock To the extent that a Stock Option Award Agreement so provides, payment may be made all or in part by surrendering, or attesting to the ownership of, Shares which have already been owned by the Participant or his representative. Such Shares shall be valued at their Fair Market Value on the date when the new Shares are purchased under the Plan. The Participant shall not surrender, or attest to the ownership of, Shares in payment of the Exercise Price if such action would cause the Company to recognize compensation expense (or additional compensation expense) with respect to the Option for financial reporting purposes.

  • Shareholder Inspection of Stock Records Upon requests from Fund shareholders to inspect stock records, PFPC will notify the Fund and require instructions granting or denying each such request. Unless PFPC has acted contrary to the Fund's instructions, the Fund agrees to release PFPC from any liability for refusal of permission for a particular shareholder to inspect the Fund's shareholder records.

  • Reservation of Stock Issuable Upon Conversion The Corporation shall at all times reserve and keep available out of its authorized but unissued shares of Common Stock solely for the purpose of effecting the conversion of the shares of the Preferred Stock, such number of its shares of Common Stock as shall from time to time be sufficient to effect the conversion of all then outstanding shares of the Preferred Stock; and if at any time the number of authorized but unissued shares of Common Stock shall not be sufficient to effect the conversion of all then outstanding shares of the Preferred Stock, the Corporation will take such corporate action as may, in the opinion of its counsel, be necessary to increase its authorized but unissued shares of Common Stock to such number of shares as shall be sufficient for such purpose.

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