Marketing Period. CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS DENOTE SUCH OMISSIONS
4.1 Subject to the granting of all necessary governmental approvals or concurrences to sell the Designated Product, Mylan hereby agrees, during the Marketing Period, to use its continuing best efforts to market, promote and sell the Designated Product throughout the Territory.
4.2 In consideration of Penwest's entering into this Agreement, Mylan agrees to pay Penwest a third milestone fee of ***************, payable within **************************************************** for the ******************************************* anywhere in the Territory.
4.3 Mylan hereby agrees to pay to Penwest Royalties on Net Sales made during the License Term, pursuant to the following Royalty rate schedule:
4.3.1 with respect to all Net Sales with respect to Designated Product sold in a nation during a quarter in which there is ***************** ******************************************* on the market in such nation, the Royalty rate shall be ********************* of such Net Sales;
4.3.2 with respect to all Net Sales with respect to Designated Product sold in a nation during a quarter in which there is ************************************ on the market in such nation, the Royalty rate shall be ************************* of such Net Sales;
4.3.3 with respect to all Net Sales with respect to Designated Product sold in a nation during a quarter in which there are *************************************** on the market in such nation, the Royalty rate shall be ******************* of such Net Sales; provided, however, that the Royalty rates set forth above shall be ************** **************************************************** with respect to the initial ************* of Net Sales during the License Term; and provided further, however, that such Royalties shall be ******************************* with respect to Net Sales of the Designated Product as to which no license to Penwest Patents hereunder is applicable to the manufacture, sale or use of the Designated Product (it being understood that a Penwest Patent shall not be considered applicable to the manufacture of the Designated Product solely by virtue of its applicability to the manufacture and/or sale of the Formulated TIMERx to be provided by Penwest to Mylan for such purpose hereunder, unless such Penwest Patent is also otherwise applicable to the manufacture, sale or use of the Designate...
Marketing Period. The “Marketing Period” is defined in the Merger Agreement to be the first period of eighteen consecutive business days after January 9, 2014 (i) commencing on the date Parent shall have received all financial and other pertinent information regarding AMPAC and its Subsidiaries (including information to be used in the preparation of one or more information packages regarding the business, operations, financial projections and prospects of AMPAC and its Subsidiaries customary for such financing or reasonably necessary for the syndication of the Available Financing by the Financing Sources) to the extent reasonably requested by Parent to assist in preparation of customary offering or information documents or rating agency or lender presentations (it being understood that such information shall include, without limitation, the financial statements of AMPAC and its Subsidiaries as of, and for the three months ended December 31, 2013 and shall include pro forma financial information of AMPAC and its Subsidiaries as of, and for the twelve months ended, December 31, 2013) relating to the Financing (information required to be delivered pursuant to this clause being referred to as, the “Required Information”); provided, that if AMPAC shall in good faith reasonably believe it has provided the Required Information, it may deliver to Parent a written notice to that effect (stating when it believes it completed such delivery), in which case AMPAC shall be deemed to have complied with the requirement above to provide the Required Information unless Parent in good faith reasonably believes AMPAC has not completed the delivery of the Required Information and, within three (3) business days after the delivery of such notice by AMPAC, delivers a written notice to AMPAC to that effect (stating with reasonable specificity which Required Information AMPAC has not delivered) and (ii) during which nothing has occurred and no condition exists that would cause any of the Offer Conditions (other than Marketing Period Condition) or the conditions to effect the Merger to fail to be satisfied, assuming the Closing were to be scheduled for any time during such eighteen business day period (other than the HSR Act and Austrian Competition Law clearances, which must be satisfied at the Closing); provided that (x) the Marketing Period in any event shall end on any earlier date on which the Debt Financing is funded and (y) the Marketing Period shall not be deemed to have commenced if, prior ...
Marketing Period. The Marketing Period shall not have been completed.
Marketing Period. The Owner shall have two hundred forty-five (245) days from the date of the First City Response Notice (the "Marketing Period") to market the Home and find an Eligible Purchaser. During the Marketing Period, the Owner shall use bona fide good faith efforts to sell the Home to an Eligible Purchaser in compliance with this Section 11, including listing the Home on the Multiple Listing Service, keeping the Home in an orderly condition, making the Home available to show to agents and prospective buyers, and providing buyers with Eligible Purchaser requirements, including income qualifications and the City's form of disclosure statement summarizing the terms of the buyer's resale agreement. A proposed purchaser ("Proposed Purchaser"), who the Owner believes will qualify as an Eligible Purchaser, shall be referred to the City for an eligibility determination.
Marketing Period. The Marketing Period shall have occurred and been completed.
Marketing Period. The Marketing Period shall have expired.
Marketing Period a. Subject to the provisions of Sections 2.5b through 2.5g below, the Marketing Period shall continence as of the Effective Date and shall continue for an initial term of three (3) years (the "INITIAL TERM"). Following the Initial Term, the Marketing Period shall automatically be renewed for subsequent renewal terms of one (1) year each ("RENEWAL TERMS"), subject to the right of either Party to terminate the Marketing Period at the end of the Initial Term or at the end of any Renewal Term by written notice to the other Party not less than one-hundred eighty (180) days prior to the end of the Initial Term or Renewal Term, as applicable.
Marketing Period. If the Marketing Period has not ended on the last Business Day prior to the expiration of the Offer, Merger Sub shall extend the Offer until the earliest to occur of (x) any Business Day before or during the Marketing Period as may be specified by Parent on no less than two Business Days’ prior notice to the Company, and (y) the first Business Day after the final day of the Marketing Period; and
Marketing Period. “Marketing Period” shall mean the first period of 15 consecutive calendar days after the later of: (a) November 30, 2012; and (b) the date on which Parent shall have provided (or cause to have been provided), and the arrangers party to the Commitment Letter shall have received, the information required to be delivered pursuant to clause “(k)” of Exhibit B to the Commitment Letter for purposes of the syndication provided therein; provided that: (i) the Marketing Period shall end on any earlier date that is the date on which all of the proceeds of the Debt Financing have been obtained; and (ii) the Marketing Period shall end on or prior to December 21, 2012 or, if the Marketing Period has not ended on or prior to December 21, 2012, then such period shall begin on or after January 2, 2013.
