Extension of Exclusivity Period. Section 1 of the Exclusivity Letter is hereby amended by deleting the phrase "(a) September 19, 2005" and replacing it with the following:
Extension of Exclusivity Period. To retain the benefits of having the Exclusivity Period remain in force for additional time, Hospira shall have the option to extend one or more times the expiration date of the Exclusivity Period. Not more than [***] before and not less than [***] before the Exclusivity Period would otherwise expire (taking into account any previous proper extension or extensions of the Exclusivity Period pursuant to this Section 4.1(b)), CyDex shall deliver to Hospira written notice that the Exclusivity Period is set to expire. Hospira may, in its sole discretion, extend the Exclusivity Period by making a non-refundable payment, by wire transfer, of $[***] to CyDex within [***] after the receipt of CyDex’s notice. Each such extension shall extend the erstwhile expiration date of the Exclusivity Period for [***] beyond when it would otherwise have expired. For avoidance of doubt: (i) such option to extend can be exercised in compliance with this Section 4.1(b) multiple times, but no extension can extend the Exclusivity Period beyond the end of the Term, (ii) if CyDex does not provide notice to Hospira at least [***] before the end of the then current term of the Exclusivity Period, the Exclusivity Period will automatically extend for [***] after Hospira’s receipt of any such notice and Hospira shall have the right to further extend the Exclusivity Period as set forth above by making the required payment within [***] after receipt of CyDex’s notice, and (iii) the Exclusivity Period cannot be resuscitated after it has expired or terminated.
Extension of Exclusivity Period. The Parties hereby agree to amend and restate Article 1 of the Exclusivity Agreement (as amended pursuant to the Amendment No.1) in its entirety as follows: “The Parties hereby agree to engage in exclusive discussion (the “Discussion”) regarding (a) a potential acquisition by SEII of ECrent and/or any of its subsidiaries or otherwise all or part of the Business, and/or (b) potential business cooperation arrangements between SEII and ECrent (the “Potential Transaction”) during the period commencing on the date hereof and ending on the date that is 12 months after the date hereof (the “Exclusive Period”). ECrent agrees that, without the prior written consent of SEII, during the Exclusive Period, neither ECrent nor its agents, representatives or advisors will contact, discuss or negotiate with any third party (other than those with SEII’s authorization) with respect to (i) any transaction relating to the sale, acquisition, exchange, pledge, or transfer of any securities of ECrent and/or its subsidiaries; (ii) any transaction relating to the sale of all or part of the Business; (iii) any business cooperation; or (iv) any other matters that may adversely affect the Potential Transaction or the Discussion.”
Extension of Exclusivity Period. If on the date the Exclusivity Period would otherwise expire (1) this Agreement has not been superseded by a definitive MDA or other agreement between the Parties concerning exclusivity, (2) the Exploration Program as defined in Section 1 has been completed to ERCOSPLAN’s satisfaction and the Tribe is entitled to use, own and possess, and in fact possesses, the Exploration Program Results in accordance with this Agreement, (3) the Exploration Program Results and all other material information then available to the Parties (including without limitation communications with major mining companies and banks) indicate that the Project risks are acceptable and the Project is viable on a standalone project finance basis, and (4) no third party has gained control of the mineral rights on the Licensee Property, then the Exclusivity Period will be extended until October 15, 2015.
Extension of Exclusivity Period. The Additional Sponsor and the Existing Members, being all Parties to the Consortium Agreement, hereby agree that the first paragraph of Section 4.1 (Exclusivity Period) of the Consortium Agreement shall be deleted in its entirety and replaced with the following: “During the period beginning on the date hereof and ending on the earlier of (i) October 31, 2020 and (ii) the termination of this Agreement pursuant to Section 5.2 (the “Exclusivity Period”), each Party shall, and shall cause its Affiliate:”.
Extension of Exclusivity Period. (a) At least 30 days prior to the Exclusivity Indicative Expiry Date, the Parties will meet to determine the matters in Paragraph 3 of Exhibit C and whether to extend the rights of exclusivity in this Article 4 and the Exclusivity Period.
Extension of Exclusivity Period. The Administrative Agent (in such capacity) and each Lender party hereto shall refrain from objecting to the request to be filed by the Loan Parties with the Bankruptcy Court to extend (a) from May 13, 2002 to July 15, 2002 the date on which the period during which any of the Loan Parties exclusively may file a Plan of Reorganization will expire and (b) from July 9, 2002 to September 16, 2002 the date on which the period during which any of the Loan Parties exclusively may solicit acceptances to such Plan of Reorganization will expire.
Extension of Exclusivity Period. BMS may elect to extend the exclusivity covenant under Section 2.8.1 in *** *** by:
Extension of Exclusivity Period. Tellabs will have a one-time option to extend the Exclusivity Period for any specific Exclusive Customer by three (3) years if the Lab Trial Milestone is achieved within the applicable Lab Trial Period and the Purchase Commitment Milestone is achieved within the applicable Purchase Commitment Period. To exercise its option with respect to such Exclusive Customers, Tellabs shall notify Occam in writing within thirty (30) days after the Lab Trial Milestone and Purchase Commitment Milestone are both achieved.
Extension of Exclusivity Period. The Parties hereby agree to amend and restate Article 1 of the Exclusivity Agreement (as amended pursuant to the Amendment No.1 and the Amendment No.2) in its entirety as follows: “The Parties hereby agree to engage in exclusive discussion (the “Discussion”) regarding (a) a potential acquisition by SEII of ECrent and/or any of its subsidiaries or otherwise all or part of the Business, and/or (b) potential business cooperation arrangements between SEII and ECrent (the “Potential Transaction”) during the period commencing on the date hereof and ending on the date that is 18 months after the date hereof (the “Exclusive Period”). ECrent agrees that, without the prior written consent of SEII, during the Exclusive Period, neither ECrent nor its agents, representatives or advisors will contact, discuss or negotiate with any third party (other than the license agreements entered into between ECrent and Sharing Economy Investment Limited dated May 8 and 24, 2018 and June 13, 2018 respectively and those with SEII’s authorization) with respect to (i) any transaction relating to the sale, acquisition, exchange, pledge, or transfer of any securities of ECrent and/or its subsidiaries; (ii) any transaction relating to the sale of all or part of the Business; (iii) any business cooperation; or (iv) any other matters that may adversely affect the Potential Transaction or the Discussion.”
