Marketing of DHP Sample Clauses

Marketing of DHP. For a period of twelve (12) months following the Closing, Coastal shall have the right to market DHP for sale. During this period, Purchaser agrees that it will not do anything to impede the right of Coastal to market DHP; provided that Purchaser may bring in minority investors to DHP so long as Xxxxxx X. Xxxxx, M.D. or his affiliates continue to retain control of DHP, and further provided that this sentence shall not require Purchaser to maintain any particular level of funding of DHP operations or prevent Purchaser from selling DHP for a price less than the Strike Price (defined below) during the period when Coastal has a right to market DHP. Following the Closing, the parties agree to undertake an effort to market DHP for sale to a third party purchaser. The timing and logistics of such a sale shall be discussed and agreed to by the parties. Coastal has previously entered into an agreement with Advest, Inc. contemplating the marketing and sale of DHP following the Closing. Purchaser agrees to give Coastal and its representatives (including investment bankers, accountants and legal counsel) full and complete access to the books, records, facilities and personnel of DHP and full cooperation that in either case is necessary or appropriate to market DHP for sale. Such access shall also be granted to potential purchasers for due diligence purposes (subject to the execution of appropriate and customary confidentiality agreements). In the event that Coastal or Purchaser locates a third party purchaser for DHP during this period at a price that exceeds the Strike Price, then Coastal may elect to have the sale take place; provided that if the Note is outstanding Coastal may elect to sell for a price below the Strike Price if either (i) the offer to purchase is made ninety (90) days or more after the date hereof and Purchaser has defaulted in its obligation to secure the Note by posting adequate collateral in accordance with Section 1.3 or (ii) the offer to purchase is made within ninety (90) days of the date hereof, Coastal has given notice to the Purchaser it intends to accept the offer, and Purchaser fails to pay the Note in full or post adequate collateral in accordance with Section 1.3 by the earlier of (x) forty-five (45) days after such notice or (y) ninety (90) days after the date hereof. If Coastal elects to sell, Purchaser shall have the right to pay an amount to Coastal that equals the amount that would have been received by Coastal hereunder as a resu...
Sample 1
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Related to Marketing of DHP

  • Marketing of Production Except for contracts listed and in effect on the date hereof on Schedule 7.19, and thereafter either disclosed in writing to the Administrative Agent or included in the most recently delivered Reserve Report (with respect to all of which contracts the Borrower represents that it or its Subsidiaries are receiving a price for all production sold thereunder which is computed substantially in accordance with the terms of the relevant contract and are not having deliveries curtailed substantially below the subject Property’s delivery capacity), no material agreements exist which are not cancelable on 60 days notice or less without penalty or detriment for the sale of production from the Borrower’s or its Subsidiaries’ Hydrocarbons (including, without limitation, calls on or other rights to purchase, production, whether or not the same are currently being exercised) that (a) pertain to the sale of production at a fixed price and (b) have a maturity or expiry date of longer than six (6) months from the date hereof.

  • 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 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.

  • Promotion and Marketing For the purpose of promotion and marketing, the Borrower hereby authorizes and consents to the reproduction, disclosure and use by the Lenders and the Agent of its name, identifying logo and the Facilities. The Borrower acknowledges and agrees that the Lenders shall be entitled to determine, in their sole discretion, whether to use such information; that no compensation will be payable by the Lenders or the Agent in connection therewith; and that the Lenders and the Agent shall have no liability whatsoever to it or any of its employees, officers, directors, affiliates or shareholders in obtaining and using such information as contemplated herein.

  • Commercialization Activities Within North America, the Parties will use Commercially Reasonable Efforts to Commercialize Licensed Products in the Field. In addition, within North America and subject to Section 2.7.6, the Parties will use Commercially Reasonable Efforts to conduct the Commercialization activities assigned to them pursuant to the Commercialization Plan/Budget, including the performance of detailing in accordance therewith. In conducting the Commercialization activities, the Parties will comply with all Applicable Laws, applicable industry professional standards and compliance policies of Celgene which have been previously furnished to Acceleron, as the same may be updated from time to time and provided to Acceleron. Neither Party shall make any claims or statements with respect to the Licensed Products that are not strictly consistent with the product labeling and the sales and marketing materials approved for use pursuant to the Commercialization Plan/Budget.

  • 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).

  • 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 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.

  • Marketing and Promotion The Company agrees to make every reasonable effort to market its Contracts. It will not give disproportionately unequal emphasis and promotion to shares of the Fund as compared to other underlying investments of an Account. In addition, the Company shall not impose any fee, condition, rule or regulation for the use by a Contract owner of the Fund as an investment option that operates to the specific prejudice of the Fund vis-a-vis the other investment options offered by the Company to Contract owners. In marketing and administering its Contracts, the Company will comply with all applicable state and Federal laws.

  • Marketing Agreement The Company shall have entered into, ------------------- executed and delivered the Marketing Agreement.

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