Effectiveness, Maintenance Sample Clauses

Effectiveness, Maintenance. (i) The Company shall use best efforts to have the Registration Statement declared effective as soon as practicable after the filing thereof. The Company shall respond promptly to any and all comments made by the staff of the SEC on such Registration Statement, and shall submit to the SEC, within two (2) Business Days after the Company learns that no review of the Registration Statement will be made by the staff of the SEC or that the staff of the SEC has no further comments on such Registration Statement, as the case may be, a request for acceleration of the effectiveness of such Registration Statement to a time and date not later than two (2) Business Days after the submission of such requests. The Company shall notify the Investor by facsimile or e-mail as promptly as practicable, and in any event, within twenty-four (24) hours, after the Registration Statement is declared effective and shall simultaneously provide the Investor with copies of any related Prospectus to be used in connection with the sale or other disposition of the securities covered thereby. If (A) such Registration Statement covering the Registrable Securities is not declared effective by the SEC prior to the 60th day after the Filing Deadline; or (B) after such Registration Statement has been declared effective by the SEC, if such Registration Statement is not available to cover any sales of Registrable Securities registered by such Registration Statement including by reason of a stop order or the Company’s failure to update such Registration Statement, other than as a result of any Allowed Delay (as defined below), then the Company will make payments to the Investor if then holding Registrable Securities, as liquidated damages and not as a penalty, in an amount equal to $10,000 for each 30-day period or pro rata for any portion thereof following the date by which such Registration Statement should have been effective (the “Blackout Period”). Such payments shall constitute the Investor’s exclusive monetary remedy for such events, but shall not affect the right of the Investor to seek injunctive relief. The amounts payable as liquidated damages pursuant to this paragraph shall be paid monthly within three (3) Business Days of the last day of each month following the commencement of the Blackout Period until the termination of the Blackout Period (the “Blackout Period Payment Date”). Such payments shall be made to the Investor in cash. Interest shall accrue at the rate of 1% per month o...
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Effectiveness, Maintenance. As of the Effective Date, all such Third Party Licenses are in full force and effect and neither CNSI, or to CNSI's knowledge, the other party, is in breach thereof. CNSI shall maintain all such Third Party Licenses in full force and effect during the term of this Agreement as is necessary to provide Allergan the rights initially granted and to be granted hereunder.
Effectiveness, Maintenance. Cortex represents and warrants that as of the Effective Date all University Licenses are in full force and effect and neither Cortex, or to Cortex’s knowledge, the other party, is in breach thereof. During the term of this Amended and Restated Agreement, Cortex shall maintain and procure the maintenance of all such University Licenses in full force and effect as of the Effective Date as is necessary to provide LLS the rights initially granted and granted hereunder, including, without limitation, fulfilling all its obligations thereunder and refraining from any acts which may give rise to a termination of any University License. Cortex shall provide LLS with prompt written notice of any changes to or breaches of the University Licenses. In no event shall Cortex permit a modification, amendment or other change to any University Licenses which would adversely affect the rights or extend the obligations of LLS under such agreement as in effect as of the Effective Date. Nothing herein conflicts with any rights or obligations set forth in the University Licenses.
Effectiveness, Maintenance. As of the Effective Date, all such Third Party Licenses are in full force and effect and neither Third Wave, or to Third Wave's knowledge, the other party, is in breach thereof. Third Wave shall use reasonable commercial efforts to maintain all such Third Party Licenses in full force and effect during the term of this Agreement as is necessary to provide Endogen the rights initially granted and to be granted hereunder.
Effectiveness, Maintenance. As of the Effective Date, Cortex -------------------------- represents and warrants that all such University Licenses are in full force and effect and neither Cortex, or to Cortex's knowledge, the other party, is in breach thereof. Cortex shall maintain and procure the maintenance of all such University Licenses in full force and effect during the term of this Agreement as is necessary to provide AEC the rights initially granted and to be granted hereunder, including, without limitation, fulfilling all its obligations thereunder and refraining from any acts which may give rise to a termination of any University License.
Effectiveness, Maintenance. As of the Effective Date, Cortex -------------------------- represents and warrants that all such Third Party Licenses are in full force and effect and neither Cortex, or to Cortex's knowledge, the other party, is in breach thereof. Cortex shall maintain and procure the maintenance of all such Third Party Licenses in full force and effect during the term of this Agreement as is necessary to provide Shire the rights initially granted and to be granted hereunder, including, without limitation, fulfilling all its obligations thereunder and refraining from any acts which may give rise to a termination of any Third Party License.

Related to Effectiveness, Maintenance

  • REPAIRS; MAINTENANCE The Owner hereby gives power to the Agent to supervise repairs, improvements, alterations, and decorations to the Property as well as purchase and pay bills for services and supplies. The Agent shall obtain prior approval of the Owner for all expenditures over $ for any single item. Prior approval for lesser amounts shall not be required for monthly or recurring operating charges or if emergency expenditures over the maximum are, in the Agent’s opinion, needed to protect the Property from damage, prevent injury to persons, avoid suspension of necessary services, avoid penalties or fines, or suspension of services to tenants required by a lease or rental agreement or by law, including, but not limited to, maintaining the Property in a condition fit for human habitation as required by applicable law.

  • Nasdaq Maintenance Until the consummation of a Business Combination, the Company will use commercially reasonable efforts to maintain the listing by Nasdaq of the Units and the Common Stock and Warrants included within the Units.

  • Patent Maintenance All annuity and maintenance fees that are necessary in order to keep the Patents in force as of the Effective Date have been paid by Seller, and no payment of annuities or fees, or papers to be filed in patent offices, are required to be made within the three-month period after the Effective Date.

  • Road Maintenance Purchaser shall maintain roads, commensurate with Purchaser’s use, in accor- dance with Road Maintenance Requirements in C5.31 and the Road Maintenance Specifications. Performance of road maintenance work by Purchaser may be required prior to, during, or after each period of use. The timing of work accomplishment shall be based on Purchaser’s Op- erating Schedule under B6.31.

  • Tenant’s Maintenance Tenant shall maintain the interior of the demised premises, including interior ceilings, walls, floors, plumbing and plumbing fixtures, electrical service and fixtures, other fixtures, heating and air conditioning equipment, pipes, doors, windows and all glass, the overhead doors, including the common hallway and the two bathrooms in the common hallway, in a safe, clean, sightly and sanitary condition, and in good working order, and shall repair and replace same as is necessary to maintain them in the condition they were in at the time Tenant took occupancy of the demised premises and, in any event, to maintain them in good working order. Tenant shall be responsible to enter into a servicing agreement for the heating and air conditioning equipment, at Tenant's expense satisfaction to Landlord. Landlord shall in no event be responsible for replacement of any broken windows, regardless of the cause thereof, the responsibility for which being that of Tenant. Tenant shall make no alterations or structural changes to the improvements on the demised premises or place signs on the exterior thereof without the prior written consent of Landlord, which shall not be unreasonably withheld. Tenant shall also be billed directly for and pay the maintenance fees charged by the Northgate Center Association and covering the term of this Lease, as it may be renewed. Upon the commencement of this Lease and the termination of this Lease, if it does not coincide with the Association's billing cycle, Tenant shall pay to Landlord his pro rata amount of the Association fees until the beginning of the next billing cycle, if at the beginning of the Lease term, and from the end of the last billing cycle to the date of termination, upon termination of the Lease.

  • Emergency Maintenance LightEdge reserves the right to perform emergency Service maintenance as needed outside the Scheduled Maintenance window, in which case LightEdge will make a reasonable effort to notify the Customer if feasible under the circumstances. Any such maintenance will be considered an “Emergency Maintenance”. All Service SLAs will apply during Emergency Maintenance.

  • Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads and locally owned facilities after completion of the work. The State shall be responsible for maintenance of the state highway system after completion of the work if the work was on the state highway system, unless otherwise provided for in existing maintenance agreements with the Local Government.

  • Maintenance of Registration For a period of at least five (5) years from the Effective Date, or until such earlier time upon which the Company is required to be liquidated, the Company will use its best efforts to maintain the registration of the Units, Common Stock and Warrants under the provisions of the Exchange Act, except after giving effect to a going private transaction after the completion of an Initial Business Combination. The Company will not deregister the Units, Common Stock or Warrants under the Exchange Act (except in connection with a going private transaction after the completion of an Initial Business Combination) without the prior consent of the Representative.

  • System Maintenance The Trust understands that USBFS will perform periodic maintenance to the System(s), which may cause temporary service interruptions. To the extent possible, USBFS shall notify the Trust of all planned outages and will perform any necessary maintenance during non-business hours.

  • Records Maintenance; Access Contractor shall maintain all financial records relating to this Contract in accordance with generally accepted accounting principles. In addition, Contractor shall maintain any other records, books, documents, papers, plans, records of shipments and payments and writings of Contractor, whether in paper, electronic or other form, that are pertinent to this Contract (“Records”) in such a manner as to clearly document Contractor's performance. Contractor acknowledges and agrees that Agency and the Oregon Secretary of State's Office and the federal government and their duly authorized representatives will have access to such financial records and other Records that are pertinent to this Contract, whether in paper, electronic or other form, to perform examinations and audits and make excerpts and transcripts. Contractor shall retain and keep accessible all such financial records and other Records for a minimum of 6 years, or such longer period as may be required by applicable law, following final payment and termination of this Contract, or until the conclusion of any audit, controversy or litigation arising out of or related to this Contract, whichever date is later.

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