PORTFOLIO HOLDINGS The Adviser will not disclose, in any manner whatsoever, any list of securities held by the Portfolio, except in accordance with the Portfolio’s portfolio holdings disclosure policy.
Sub-licensing CytRx shall be entitled to grant sub-licences of its rights under the terms and conditions of Clause 2.1 of this Agreement to any person, provided that: (a) the sub-licence shall include performance and financial obligations on the sub-licensee which are at least equivalent to the obligations on CytRx under this Agreement; (b) the sub-licence shall continue following the termination of this Agreement for any reason as a licence between ICIL and the sub-licensee pursuant to clause 14.5.2, provided that if the royalties and other consideration provided for in the sub-licence are less that that provided for in this Agreement such royalties or other consideration shall be increased to be the same as provided for in this Agreement and further provided that the sub-licensee agrees in writing to such new financial terms and to the substitution of CytRx by ICIL; (c) within thirty (30) days of the grant of any sub-licence CytRx shall provide to ICIL a summary of the material terms of the sub-licence and a written agreement from the sub-licensee to be bound by the provisions of this Agreement to the extent applicable; (d) except in the case of the continuation of the licence pursuant to Clause 2.5(b) CytRx shall be responsible for any breach of the sub-licence by the sub-licensee, as if the breach had been that of CytRx under this Agreement, and CytRx shall indemnify ICIL against any loss, damages, costs, claims or expenses which are awarded against or suffered by ICIL as a result of any such breach by the sub-licensee; and (e) no sub-licence shall carry any right to sub-sub-licence all of the rights granted to CytRx under this Agreement without the consent of ICIL (such consent not to be unreasonably withheld) save that a sub-licence can be sub-licensed for the purposes of manufacture or co-marketing without the consent of ICIL.
Subsidiary Rights The Company or one of its Subsidiaries has the unrestricted right to vote, and (subject to limitations imposed by applicable law) to receive dividends and distributions on, all capital securities of its Subsidiaries as owned by the Company or such Subsidiary.
Pennsylvania Motor Vehicle Sales Finance Act Licenses The Indenture Trustee shall use its best efforts to maintain the effectiveness of all licenses required under the Pennsylvania Motor Vehicle Sales Finance Act in connection with this Indenture and the transactions contemplated hereby until the lien and security interest of this Indenture shall no longer be in effect in accordance with the terms hereof.
Apple and Android Devices The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site:
Marketing Rights Neither the Company nor any of its Subsidiaries have granted rights to license, market, or sell its products or services to any other Person and is not bound by any agreement that affects the Company’s (or any Subsidiary’s) exclusive right to develop, distribute, market or sell its products or services.
Anti-Layering The Company shall not incur, create, issue, assume, guarantee or otherwise become liable for any Indebtedness that is both (a) subordinate or junior in right of payment to any Senior Debt and (b) senior in any respect in right of payment to the Notes. No Subsidiary Guarantor shall incur, create, issue, assume, guarantee or otherwise become liable for any Indebtedness that is both (a) subordinate or junior in right of payment to its Senior Debt and (b) senior in right of the Section 4.9 hereof.
Licensing Schemes and Geographic Scope The following provisions do not apply to the Quintiq Last Mile Edition (5MB-LEQ) nor to Quintiq Last Mile Shipments (for Retail) (5MP-LMQ) nor to Quintiq Last Mile Shipments (for Express) (5MP-LMQ-X) 3DS Offerings. For the Quintiq Last Mile Edition (5MB-LEQ), Quintiq Last Mile Shipments (for Retail) (5MP-LMQ) and Quintiq Last Mile Shipments (for Express) (5MP-LMQ-X) 3DS Offerings, please refer to section 5 hereinafter.
Ancillary Rights 3.1 The Landlord grants the Tenant the following rights (the Rights): (a) the right to support and protection from the Common Parts to the extent that the Common Parts provide support and protection to the Property to the date of this lease; (b) the right to use the External Area for the purposes of pedestrian access to and egress from the interior of the Building; (c) the right for visitors to the Property with the appropriate disabled parking permit to park in those spaces in the External Area designated by the Landlord from time to time as being disabled parking spaces; (d) the right to use the hallways, corridors, stairways, lifts and landings of the Common Parts shown shaded purple on the Floor Plans for the purposes of access to and egress from the Property and the lavatories and washrooms referred to in clause 3.1(e); (e) the right to use the lavatories and washrooms on the ground and first floors of the Building; (f) the right to use and to connect into any Service Media at the Building that belong to the Landlord and serve (but do not form part of) the Property which are in existence at the date of this lease or are installed or constructed during the term; (g) the right to attach any item to the any part of the Building adjoining the Property so far as is reasonably necessary to carry out any works to the Property required or permitted by this lease; (h) the right to enter the Common Parts or the Museum so far as is reasonably necessary to carry out any works to the Property required or permitted by this lease; and (i) the right to pass and xxxxxx on foot across those parts of the Central Gallery SUBJECT always to temporary interruption to the said right in accordance with the provisions of the Community Use and Management Agreement; (j) the right to use the Central Gallery in accordance with the terms of the Community Use and Management Agreement (k) the right to use part of the External Area as designated by the Landlord from time to time for the storage of waste containers in accordance with the Community Use and Management Agreement (l) the right to use the Terrace in accordance with the terms and conditions of the Community Use and Management Agreement. (m) where it is not reasonably practicable to seat 40 people in the Café, the right to place seating in the Additional Seating Space to ensure that there are a total of 40 seats available in the Café and the Additional Seating Space. (n) the right to display publicity material advertising the events to be held at the Property on such part of any noticeboard affixed to the exterior of the Building as the Landlord designates for use by the Tenant 3.2 The Rights are granted in common with the Landlord and any other person authorised by the Landlord. 3.3 The Rights are granted subject to the Third Party Rights insofar as the Third Party Rights affect the Common Parts and the Museum and the Tenant shall not do anything that may interfere with any Third Party Right. 3.4 The Tenant shall exercise the Rights (other than the Right mentioned in clause 3.1(a)) only in connection with its use of the Property for the Permitted Use and in accordance with the provisions of the Community Use and Management Agreement and any regulations made by the Landlord as mentioned in clause 27.1. 3.5 The Tenant shall comply with all laws relating to its use of the Common Parts, Terrace and Central Gallery pursuant to the Rights. 3.6 In relation to the Rights mentioned in clause 3.1
Equity Rights The Seller acknowledges and agrees that this Confirmation is not intended to convey to it rights with respect to the Transaction that are senior to the claims of holders of Common Stock in the event of the Purchaser’s bankruptcy.
