Iwate Facility Sample Clauses

Iwate Facility. The Parent Parties will discuss in good faith WD’s participation in BiCS Expansions, BiCS Conversions and BiCS Technology Transitions at TMC’s fabrication facility under construction in Iwate, Japan (the “Iwate Facility”). Without limiting Sections 4.3 and 4.4, ****, the terms for any BiCS Expansion, BiCS Conversion or BiCS Technology Transition at the Iwate Facility (including with respect to cost allocations) shall, except as set forth below, be substantially the same as the terms that apply to the manufacture of BiCS Products at the Yokkaichi Facility under the Master Operative Documents. The parties acknowledge and agree that the foregoing terms shall be reasonably adjusted if the Parent Parties’ respective investment levels in the Iwate Facility ****. Some terms may be subject to **** Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. good faith discussions regarding reasonable adjustments from the terms that apply to the manufacture of BiCS Products at the Yokkaichi Facility given the site-specific attributes of the Iwate Facility. WD’s participation in any BiCS Expansion, BiCS Conversion or BiCS Technology Transition at the Iwate Facility shall be subject to the Parent Parties’ agreement on one or more written definitive agreements that set forth the terms and conditions applicable to WD’s participation in the Iwate Facility, including those described in this Section 4.7.
Sample 1
AutoNDA by SimpleDocs

Related to Iwate Facility

  • State Facilities If the State makes space available to the Party in any State facility during the term of this Agreement for purposes of the Party’s performance under this Agreement, the Party shall only use the space in accordance with all policies and procedures governing access to and use of State facilities which shall be made available upon request. State facilities will be made available to Party on an “AS IS, WHERE IS” basis, with no warranties whatsoever.

  • Facility Prudential is willing to consider, in its sole discretion and within limits which may be authorized for purchase by Prudential Affiliates from time to time, the purchase of Shelf Notes pursuant to this Agreement. The willingness of Prudential to consider such purchase of Shelf Notes is herein called the “Facility”. At any time, the aggregate principal amount of Shelf Notes stated in Section 1.2, minus the aggregate principal amount of Shelf Notes purchased and sold pursuant to this Agreement prior to such time, minus the aggregate principal amount of Accepted Notes (as hereinafter defined) which have not yet been purchased and sold hereunder prior to such time, is herein called the “Available Facility Amount” at such time. NOTWITHSTANDING THE WILLINGNESS OF PRUDENTIAL TO CONSIDER PURCHASES OF SHELF NOTES BY PRUDENTIAL AFFILIATES, THIS AGREEMENT IS ENTERED INTO ON THE EXPRESS UNDERSTANDING THAT NEITHER PRUDENTIAL NOR ANY PRUDENTIAL AFFILIATE SHALL BE OBLIGATED TO MAKE OR ACCEPT OFFERS TO PURCHASE SHELF NOTES, OR TO QUOTE RATES, SPREADS OR OTHER TERMS WITH RESPECT TO SPECIFIC PURCHASES OF SHELF NOTES, AND THE FACILITY SHALL IN NO WAY BE CONSTRUED AS A COMMITMENT BY PRUDENTIAL OR ANY PRUDENTIAL AFFILIATE.

  • Existing Facilities Each of the Existing Facilities shall be repaid in full and terminated and all collateral security therefor shall be released, and the Administrative Agent shall have received pay-off letters in form and substance satisfactory to it evidencing such repayment, termination and release.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!