MARKETING FLEXIBILITY Sample Clauses

MARKETING FLEXIBILITY. At any time prior to the completion of the Syndication Period, the Lead Arranger reserve the right, after consultation with the Borrower, to change the amount, structure, maturity, pricing, composition, or other terms, conditions or provisions of the credit facilities hereunder from those specified or otherwise indicated herein, in order to ensure and complete, in the sole judgment of the Lead Arranger, a successful syndication of the credit facilities hereunder. This paragraph shall survive the execution and delivery of this Agreement, the closing hereof and the extensions of Loans and Letters of Credit hereunder until the syndication is, in the sole discretion of the Lead Arranger, successfully completed. The Borrower and each Subsidiary Guarantor will enter into any amendments hereto or to the other Loan Documents which the Administrative Agent and the Lead Arranger consider necessary to give effect to the exercise of the Lead Arranger's rights under this paragraph.
Sample 1
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MARKETING FLEXIBILITY. 28 f. Additional Marketing and Sales Support . . . . . . . . . . . . . . 28
Sample 1
MARKETING FLEXIBILITY. UPS shall have full freedom and flexibility in its marketing effort for the Messaging Service, including, without limitation, the freedom to decide its methods of marketing and pricing, and to decide whether to market or discontinue marketing the Messaging Service or any particular subset of the Messaging Service. Subject to complying with the express requirements of this Agreement, Tumbleweed shall have full freedom and flexibility in its support of UPS's marketing effort for the Messaging Service, including, without UPS/Tumbleweed Confidential 28 December 18, 1997 limitation, the freedom to decide its methods of marketing support, and to decide whether to support or discontinue supporting UPS's marketing of the Messaging Service or any particular subset of the Messaging Service. Neither party makes any guarantee or commitment as to the success of its marketing effort, and each party agrees that the other party has no obligation to it whatsoever other than as specifically provided in this Agreement.
Sample 1

Related to MARKETING FLEXIBILITY

  • Marketing Plan The Contractor shall have a Marketing Plan, that has been prior-approved by the SDOH and/or LDSS, that describes the Marketing activities the Contractor will undertake within the local district during the term of this Agreement. The Marketing Plan and all marketing activities must be consistent with the Marketing Guidelines which are set forth in Appendix D, which is hereby made a part of this Agreement as if set forth fully herein. The Marketing Plan shall be kept on file in the offices of the Contractor, LDSS, and the SDOH. The Marketing Plan may be modified by the Contractor subject to prior written approval by the SDOH and/or the LDSS. The LDSS or SDOH must take action on the changes submitted within sixty (60) calendar days of submission or the Contractor may deem the changes approved.

  • Marketing Services The Manager shall provide advice and assistance in the marketing of the Vessels, including the identification of potential customers, identification of Vessels available for charter opportunities and preparation of bids.

  • Marketing 8.1 Fund or its designee shall periodically furnish Insurance Company with sales literature or other promotional materials for each Portfolio, in quantities as Insurance Company may reasonably request, for distribution to prospective purchasers of Contracts. Expenses for the printing and distribution of such documents shall be borne by Insurance Company.

  • Commercialization Efforts The RECIPIENT shall, including whether through its own efforts or the efforts of a licensee under a License Agreement allowed by the terms of this Attachment, use diligent and commercially reasonable efforts to commercialize at least one Commercial Product or Commercial Service or otherwise bring to practical application the Project Results in accordance with the commercial development plan submitted with the Application and including any changes to such commercial development plan in accordance with Section D3.01. For the avoidance of doubt, partnering or licensing activities shall be considered to be efforts to commercialize.

  • Year 2000 Compatibility Borrower shall take all action necessary to assure that Borrower's computer based systems are able to operate and effectively process data including dates on and after January 1, 2000. At the request of Bank, Borrower shall provide Bank assurance acceptable to Bank of Borrower's Year 2000 compatibility.

  • Commercialization Intrexon shall have the right to develop and Commercialize the Reverted Products itself or with one or more Third Parties, and shall have the right, without obligation to Fibrocell, to take any such actions in connection with such activities as Intrexon (or its designee), at its discretion, deems appropriate.

  • Marketing Plans 1. The MCO shall develop a marketing plan that meets SDOH guidelines and any local requirements as approved by the State Department of Health (SDOH).

  • Manufacturing Intrexon shall have the option and, in the event it so elects, shall use Diligent Efforts, to perform any manufacturing activities in connection with the Aquaculture Program that relate to the Intrexon Materials, including through the use of a suitable Third Party contract manufacturer. To the extent that Intrexon so elects, Intrexon may request that AquaBounty and Intrexon establish and execute a separate manufacturing and supply agreement, which agreement will establish and govern the production, quality assurance, and regulatory activities associated with manufacture of Intrexon Materials. Except as provided in Section 4.1, any manufacturing undertaken by Intrexon pursuant to the preceding sentence shall be performed in exchange for cash payments equal to Intrexon’s Fully Loaded Cost in connection with such manufacturing, on terms to be negotiated by the Parties in good faith. In the event that Intrexon does not manufacture Intrexon Materials or bulk quantities of other components of AquaBounty Products, then Intrexon shall provide to AquaBounty or a contract manufacturer selected by AquaBounty and approved by Intrexon (such approval not to be unreasonably withheld) all Information Controlled by Intrexon that is (a) related to the manufacturing of such Intrexon Materials or bulk qualities of other components of AquaBounty Products for use in the Field and (b) reasonably necessary to enable AquaBounty or such contract manufacturer (as appropriate) for the sole purpose of manufacturing such Intrexon Materials or bulk quantities of other components of AquaBounty Products. The costs and expenses incurred by Intrexon in carrying out such transfer shall be borne by Intrexon. Any manufacturing Information transferred hereunder to AquaBounty or its contract manufacturer shall not be further transferred to any Third Party, including any Product Sublicensee, or any AquaBounty Affiliate without the prior written consent of Intrexon; provided, however, that Intrexon shall not unreasonably withhold such consent if necessary to permit AquaBounty to switch manufacturers.

  • Forecasting Manager and Sprint PCS will work cooperatively to generate mutually acceptable forecasts of important business metrics including traffic volumes, handset sales, subscribers and Collected Revenues for the Sprint PCS Products and Services. The forecasts are for planning purposes only and do not constitute Manager's obligation to meet the quantities forecast.

  • Feedback Distributor shall provide Company with prompt written notification of any comments or complaints about the Products that are made by Customers, and of any problems with the Products or their use that Distributor becomes aware of. Such written notification shall be the property of Company, and shall be considered to be part of Company’s Confidential Information.

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