Excluded Financial Products Sample Clauses

Excluded Financial Products. 2.11.1 A data room was opened on 11 August 2011 at the offices of Linklaters LLP at Xxx Xxxx Xxxxxx, Xxxxxx XX0X 0XX in order for the Purchaser to review information in relation to Customers who hold certain leveraged finance and structured finance products which are Excluded Products as at the date of this Agreement (the “Structured Products”). 2.11.2 Following completion of the review of the information referred to in Clause 2.11.1 by the Purchaser, the Purchaser shall have the right to include some or all of the Structured Products under this Agreement and / or to exclude some or all of the Customers in respect of whom information was provided in the data room from the Businesses. Without prejudice to the foregoing, the Purchaser shall notify the Business Sellers in writing of any Structured Products it wishes to include under this Agreement and any Customers it wishes to exclude pursuant to this Clause 2.11 on or before 1 October 2011. *** Material has been omitted pursuant to a request for confidential treatment and has been filed separately. 2.11.3 For the purposes of the *** of the tests in the definition of ***, the *** (including the *** provisions in paragraph 3 of Schedule 12) and the *** in Part A of Schedule 21, any *** included under this Agreement pursuant to Clause 2.11.2 shall be treated in the same way as ***. 2.11.4 For the purposes of the *** of the tests in the definition of ***, the accounting for *** in paragraph 3 of Schedule 12 (***), the *** in Part A of Schedule 21, the first sentence of Clause 5.1 and the provision of information pursuant to Clause 5.5.5(v), Customers *** pursuant to Clause 2.11.2 (and any Products held by them) shall be treated in the same way as ***.
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Related to Excluded Financial Products

  • Special Products PURCHASER shall not sell special products from the timber sale area, or allow firewood, shake, or post cutting, or any other special product manufacturing on the timber sale area without prior written approval of STATE. Special products are any products not in log form manufactured from material having a price, or listed as “No Charge,” under the contract. ACCESS AND ROAD MAINTENANCE

  • Combination Products If a LICENSED PRODUCT is sold to any third party in combination with other products, devices, components or materials that are capable of being sold separately and are not subject to royalties hereunder (“OTHER PRODUCTS,” with the combination of products being referred to as “COMBINATION PRODUCTS” and the Other Product and Licensed Product in such Combination Product being referred to as the “COMPONENTS”), the NET SALES of such LICENSED PRODUCT included in such COMBINATION PRODUCT shall be calculated by multiplying the NET SALES of the COMBINATION PRODUCT by the fraction A/(A+B), where A is the average NET SALES price of such LICENSED PRODUCT in the relevant country, as sold separately, and B is the total average NET SALES price of all OTHER PRODUCTS in the COMBINATION PRODUCT in the relevant country, as sold separately. If, in any country, any COMPONENT is not sold separately, NET SALES for royalty determination shall be determined by the formula [C / (C+D)], where C is the aggregate average fully absorbed cost of the Licensed Product components during the prior Royalty Period and D is the aggregate average fully absorbed cost of the other essential functional components during the prior Royalty Period, with such costs being determined in accordance with generally accepted accounting principles. To the extent that any SUBLICENSE INCOME relates to a COMBINATION PRODUCT or is otherwise calculated based on the value of one or more licenses or intellectual property rights held by the COMPANY, an AFFILIATE or SUBLICENSEE, COMPANY shall determine in good faith and report to THE PARTIES the share of such payments reasonably attributable to COMPANY’s or such AFFILIATE’s sublicense of the rights granted hereunder, based upon their relative importance and proprietary protection, which portion shall be the SUBLICENSE INCOME. THE PARTIES shall have the right to dispute such sharing determination in accordance with the dispute provisions of the AGREEMENT.

  • Additional Products Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products.

  • Competing Products The provisions of Section 21 are set forth on attached Exhibit H and are incorporated in this Section 21 by this reference.

  • Additional Products and Services Subject to the allocation of funds, the CPO may add similar equipment, supplies, services, or locations, within the scope of this Agreement, to the list of equipment, supplies, services, or locations to be performed or provided by giving written notification to Contractor. For purposes of this Section, the “Effective Date” means the date specified in the notification from the CPO. As of the Effective Date, each item added is subject to this Agreement, as if it had originally been a part, but the charge for each item starts to accrue only on the Effective Date. In the event the additional equipment, supplies, services, or locations are not identical to the items(s) already under this Agreement, the charges therefor will then be Contractor’s normal and customary charges or rates for the equipment, supplies, services, or locations classified in the Fees and Costs (Exhibit “F”).

  • Preference for domestically manufactured goods The provisions of paragraphs 2.54 and 2.55 of the Guidelines and Appendix 2 thereto shall apply to goods manufactured in the territory of the Borrower.

  • MERCURY ADDED CONSUMER PRODUCTS Contractor agrees that it will not sell or distribute fever thermometers containing mercury or any products containing elemental mercury for any purpose under this Contract.

  • Existing Products Except as set forth below, Contractor shall retain all rights, title and interest in Existing Products.

  • Competitive Products Competitive Products" means products that serve the same function as, or that could be used to replace, products the Company provided to, offered to, or was in the process of developing for a present, former, or future possible customer/partner at any time during the twelve (12) months immediately preceding the last day of Participant's employment (or at any time during Participant's employment if Participant was employed for less than 12 months), with which Participant had direct responsibility for the sale or development of such products or managing those persons responsible for the sale or development of such products.

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

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