Early Option Exercise. Astellas shall have the right, but not obligation, to exercise its Option on or prior to the Early Decision Date by providing Cytokinetics with written notification of such Option exercise and paying Cytokinetics the Early Option Fee in accordance with Section 2.7(b)(i)(1) of this Amendment (the “Early Option Exercise”). Upon Cytokinetics’ receipt of both such written notification and payment, Astellas’ exercise of the Option shall be deemed effective and the tirasemtiv Agreement shall become effective automatically.
Early Option Exercise. XOMA shall have the right to first exercise the Cardiometabolic Indications Option (the “Early Option Exercise”) at any time following the Effective Date until the date which is no later than [*] days following the earlier of (i) the first [*] or (ii) the first [*] (“Early Option Exercise Date”); or
Early Option Exercise. The lessee shall also have the option of acquiring the rented properties starting on the date indicated in Title III, as long as it has regularly complied with the obligations incumbent on it and has informed the lessor, at least one year before the date on which it intents to make the said acquisition, this by registered mail with receipt. The said acquisition may not occur until the anniversary of the effective date of the present contract. In this case, the lessee shall have to pay an amount to the lessor set in Title III - “Special Conditions”. The sale price shall be paid in cash at the time of signature of the notarised sale document. If this occurs, and in case of realisation of the promise to sell at the end of the contract, all of the rights, expenses and fees relating to the said transfer as well as taxes, rights or contributions that the Administration might demand from one or the other of the parties, in the light of the duration of the contract, of the sale price and of the depreciation rules, shall be for the lessee’s sole account. In addition, all amounts that may not have been paid in connection with the rental pursuant to the procedures of the present contract, this for any reason whatsoever, as well as all amounts due in terms of principal or incidentals, including the lateness interest calculated as mentioned above (Title I, Article I—Rental), shall have to be deposited with the notary responsible for drawing up the document, 48 hours before the date chosen by the lessee or the date of the end of the contract. The purchaser shall have to reimburse the seller for the entire property tax relative to the year during which the sale occurs. If the notice has not yet been received, the purchaser shall have to pay an amount to the seller determined on the basis of the tax for the previous year. If the case arises, all amounts due for charges and work performed or not performed in connection with the condominium shall have to be repaid to the seller by the purchaser. If the lessee fails to deposit the funds with the notary within the period provided for above or fails to sign the document on the said date, the lessee shall lose the benefit of the early option exercise called on, and the present lease shall then continue to apply on the conditions laid down initially. Furthermore the lessee shall pay all expenses that may have been incurred by the lessor.
Early Option Exercise. Without prejudice to Section 2.4(b), in the event that Gilead exercises the Option during the Option Period in accordance with Section 2.4(a) prior to Gilead’s receipt of the Option Exercise Data Package for the HIV Development Program:
Early Option Exercise. Either Party may elect to exercise an Option for a Vir Program or Brii Bio Program, as applicable, during the applicable Option Period prior to delivery of a complete Option Data Package pursuant to Section 4.2, including where the Controlling Party elects to [***] Pre-Option Development Activities in accordance with Section 3.10 (an “Early Option Exercise”). If a Party believes in good faith that it may wish to trigger an Early Option Exercise, such Party shall notify the Controlling Party for such Collaboration Program that it wishes to evaluate the exercise of its Option prior to delivery of the Option Data Package (an “Early Option Trigger Notice”). Within [***] following the date of such Early Option Trigger Notice, the Controlling Party will deliver to the requesting Party [***] (the “Interim Option Data Set”). The requesting Party may (i) exercise its Option for such Collaboration Program upon delivery of such Interim Option Data Set, by delivering an Option Exercise Notice within [***] following the receipt of the Interim Option Data Set, provided that such Party [***] prior to exercising such Option, or (ii) elect not to exercise its Option on the basis of the Interim Option Data Set, and to wait to review the full Option Data Package prior to determining whether to exercise its Option for such Collaboration Program. In the case of an election under the foregoing subclause (ii), such Party shall notify the Controlling Party in writing of its decision within such same [***] period, and following such notice, the Controlling Party shall continue to conduct the applicable Pre-Option Development Activities towards generating the complete Option Data Package. If a Party elects to exercise its Option in accordance with Section 4.2 for a Collaboration Program on the basis of the Interim Option Data Set, then [***], (B) the Parties shall complete any ongoing Pre-Option Development Activities in accordance with Section 4.3(c), and (C) if such Collaboration Program [***], such Option exercise [***], provided that, for clarity, there will be [***].
Early Option Exercise. Window 3.1.1(b) Effective Date Preamble Electronic Delivery 12.14 End-of-Research Term Program Data Package 1.1.29(b) EU 1.1.8 force majeure event 12.5 FTC 3.2.2 [**] 5.2.3(e)(ii) HSR Act 1.1.8 HSR/Antitrust Filing 3.2.2 Implementation Date 3.2.2
