Flash Reports. Each Party acknowledges and agrees that the “flash reports” to be provided under this Section 9.4.1 (Periodic Reports) represent only the applicable Party’s good faith estimate of the costs, expenses, or profits (as applicable) to be provided in the applicable report with the use of Commercially Reasonable Efforts. Neither Party will be responsible in connection with any inaccuracies included in any flash report provided pursuant to this Section 9.4 (Sharing of Profits) to the extent a Party complied with the previous sentence. Each Party acknowledges and agrees that the “flash reports” to be provided under this Section 9.4.1 (Periodic Reports) (rather than having the definitive reports due at such time period) is an accommodation to Kiniksa while it is a young company. As Kiniksa develops its accounting and financial reporting capabilities, the Parties shall discuss in good faith, the shortening of the time periods in Section 9.4.1 (Periodic Reports) and any related changes in Section 9.4.5 (Funds Flow).
Flash Reports. As soon as practicable, but in no event later than [***] Business Days from the last day of each Calendar Quarter, Vertex will provide CRISPR with a flash report providing a good faith estimate of Net Sales accrued in the preceding Calendar Quarter and the royalties payable to CRISPR on such Net Sales on a Product-by-Product and country-by-country basis. The flash report may be based on forecasted numbers and it is understood that final reported Net Sales for purposes of calculating the royalty owed under Section 4.3.1 may vary.
Flash Reports. Within [**] after the end of each calendar quarter in which Licensee or its Affiliates sell a Licensed Product, Licensee will provide to Akebia a “flash” report. Each such flash report will set forth (a) for the first and second month of such calendar quarter: (i) the actual gross sales of all Licensed Products sold by Licensee or its Affiliates in the Territory in such months; and (ii) the actual total aggregate Net Sales of the Licensed Products sold by Licensee or its Affiliates in the Territory in such months, and (b) for the third month of such calendar quarter, Licensee’s good faith estimate of the amounts set forth in the foregoing clauses (a)(i) and (a)(ii) of this Section 11.3.1 (Flash Reports). All amounts for the third month of each calendar quarter included in each Flash Report will be prepared as good faith estimates and will be updated with definitive numbers in the applicable Quarterly Report.
Flash Reports. As soon as available, and in any event within 15 days after the close of each fiscal month, a flash report containing (i) a comparison of the Borrower's financial condition and performance with the plan presented by the Borrower at the October 21, 1998 meeting of the Borrower and the Lenders, and (ii) an analysis of the Borrower's accounts payable and the status of the Borrower's vendor relationships, all in reasonable form and detail satisfactory to the Lenders and prepared by the Borrower and independent consultants of recognized national standing reasonably acceptable to the Lenders.
8. Amendment to Section 7.11. Sections 7.11(b) and (c) of the Existing Credit Agreement are hereby amended in their entirety to read as follows:
Flash Reports. On or prior to Wednesday of each week prior to June 30, 1996, a flash report in substantially the form of Exhibit S for the second immediately preceding week, and on or prior to the 20th day of each calendar month, commencing July, 1996 and through the remainder of 1996 or such period as the Agent may reasonably request, a flash report in substantially the form of Exhibit S for the immediately preceding calendar month;
Flash Reports. Within [**] after the end of each calendar quarter during the Term, on a country-by-country basis, Licensee will provide to Akebia “flash” reports that will set forth (i) for the first and second month of such calendar quarter: (A) the actual gross sales of the Licensed Product sold by Licensee or its Affiliates in the Territory in such months; and (B) the actual total aggregate Net Sales of the Licensed Product sold by Licensee or its Affiliates in the Territory in such months, and (ii) for the third month of such calendar quarter, Licensee’s good faith estimate of the amounts set forth in the foregoing clauses (i)(A) and (i)(B) of this Section 9.3.4(a) (Flash Reports).
Flash Reports. Within [*] after the end of each Financial Quarter during the Term, Partner will provide to uniQure flash reports that will set forth (i) for the first and second month of such Financial Quarter: (A) the actual gross sales of each Licensed Product sold by Partner or its Affiliates or Sublicensees in the Territory in such months; and (B) the actual total aggregate Net Sales of each Licensed Product sold by Partner or its Affiliates or Sublicensees in the Territory in such months; and (ii) for the third month of such Financial Quarter, Partner’s good faith estimate of the amounts set forth in the foregoing clauses (i)(A) and (i)(B) of this Section 8.3.3(a) (Flash Reports) (the “Flash Report”).
Flash Reports. As soon as practicable, but in no event later than [***] from the last day of each Calendar Quarter, Merck will provide Vertex with a flash report providing a good faith estimate of Net Sales accrued in the preceding Calendar Quarter and the royalties payable to Vertex on such Net Sales on a Product-by-Product and country-by-country basis. The flash report may be based on forecasted numbers and it is understood that final reported Net Sales for purposes of calculating the royalty owed under Section 5.2.1 may vary.
Flash Reports. Within [***] Business Days after the end of each calendar quarter during the Term, each Party or its Affiliate shall provide to the other Party “flash” reports which shall set forth (a) for the first and second month of such calendar quarter: (i) the actual gross sales of the Licensed Products sold by the reporting Party or its Affiliates in the Territory in such months; (ii) the actual total aggregate Net Sales of the Licensed Products sold by the reporting Party or its Affiliates in the Territory in such months; and (iii) summaries of the actual Shared Costs incurred by the reporting Party or its Affiliate in such months, and (b) for the third month of such calendar quarter, the reporting Party’s good faith estimate of the amounts set forth in the foregoing clauses (a)(i) through (a)(iii) of this Section 9.4.1 (Flash Reports).
Flash Reports. As soon as available and in any event within 20 days after the end of each month, flash reports of the Parent and its Subsidiaries which shall include such information as may be available to the Parent from time to time.
