Method of Delivery of Assets. Within one (1) Business Day of the Closing Date, Seller and Buyer will each submit to the FDA the separate notifications referred to in Section 2.5(a) and Section 2.6(b), respectively.
Method of Delivery of Assets. At the Closing, Seller shall deliver or cause to be delivered to Buyer all of the Purchased Assets, which shall be delivered to Buyer in the form and to the location to be determined by Buyer in its reasonable discretion before the Closing Date at Buyer’s cost and expense; provided, that (i) Seller shall deliver all of Seller’s tangible personal property at their current locations in Portland, ME and Stratford, CT and (ii) all other Purchased Assets shall be delivered through electronic delivery or in another manner reasonably acceptable to Buyer. Except as otherwise provided in Section 2.2 and Section 5.15, Seller shall not retain any copy of any Purchased Asset following the Closing.
Method of Delivery of Assets. NanoString shall deliver or cause to be delivered to Veracyte or a Subsidiary or affiliate of Veracyte, as applicable, all of the Purchased Assets, which shall be delivered to Veracyte or a Subsidiary or affiliate of Veracyte, as applicable, in the form and to the location to be determined by Veracyte in its reasonable discretion on or before the Closing Date at NanoString’s cost and expense; provided, that, to the extent practicable, NanoString and Veracyte shall cooperate with the intent that the Purchased Assets are delivered in a manner reasonably calculated and legally permitted to minimize or avoid the incurrence of transfer and sales Taxes if such method of delivery does not adversely affect the condition, operability or usefulness of any Purchased Asset; and provided further, that, the Business Books and Records shall not be required to be delivered until 30 days following the Closing.
Method of Delivery of Assets. At the Closing, COUV shall deliver or cause the Transferred Assets to be delivered to Carbon-Ion at COUV’s cost and expense; provided, that with respect to email messages, handwritten notes (other than those contained in invention notebooks), business plans, executive summaries and related presentations, marketing plans and marketing collateral, COUV shall only be required to deliver or cause to be delivered to Carbon-Ion, all tangible embodiments of such Transferred Assets to the extent not reasonably available in electronic format; provided, further, that to the extent practicable, COUV shall use reasonable efforts to deliver all of the Transferred Assets, including all Books and Records available in electronic format, through electronic delivery or in another manner reasonably calculated and legally permitted to minimize or avoid the incurrence of transfer and sales Taxes.
Method of Delivery of Assets. On the Closing Date, each of Buyer and Seller will submit to the FDA the separate notifications referred to in Section 3.2(f) and Section 3.2(g), respectively, as a submission to the Subject NDA, in each case under the cover letter substantially in the form attached hereto as Exhibit F. Each Party shall provide to the other Party confirmation from the FDA of successful submission and a complete copy of such submission. Notwithstanding anything to the contrary set forth herein, the Parties acknowledge and agree that Seller is not making any representation or warranty regarding, and shall not be liable to Buyer or any other Buyer Indemnitee hereunder with respect to, the adequacy of the requirements set forth in this Section 3.3(b) to comply with Legal Requirements applicable to the transfer of the Priority Review Voucher as contemplated by this Agreement.
Method of Delivery of Assets. Within [*] following the Effective Date, Seller shall submit, or cause to be submitted, to the FDA the separate notifications referred to in Section 2.4(b) and Section 2.5(d), respectively, as a submission to NDA 217700 through the FDA’s Electronic Submissions Gateway under the cover letter in the form attached as Exhibit 2.3(b). Seller shall provide to Buyer, within [*] following their submission to the FDA, confirmation from the FDA of successful submission and a complete copy of such submission.
Method of Delivery of Assets. At the Closing, Sellers shall deliver or cause the Transferred Assets to be delivered to Buyers, each in the form and to the location to be determined by the Parties in their reasonable discretion before the Closing Date; provided, that with respect to email messages, handwritten notes (other than those contained in invention notebooks), business plans, executive summaries and related presentations, marketing plans and marketing collateral, Sellers shall only be required to deliver or cause to be delivered to Buyers, all tangible embodiments of such Transferred Assets to the extent not reasonably available in electronic format; provided, further, that to the extent practicable, the Parties shall use commercially reasonable efforts to deliver, or cause the delivery of, all of the Transferred Assets, including all Books and Records available in electronic format, through electronic delivery or in another manner reasonably calculated and legally permitted to minimize or avoid the incurrence of transfer and sales Taxes if such method of delivery does not adversely affect the condition, operability or usefulness of any Transferred Asset.
Method of Delivery of Assets. If reasonably practicable, on the Closing Date, but in any event within one (1) Business Day of the Closing BPI shall duly submit to the FDA the Seller FDA Letter and Buyer shall duly submit to the FDA the Buyer FDA Letter.
Method of Delivery of Assets. Within three (3) Business Days of the Closing Date, Seller and Buyer will prepare a letter for submission to the FDA notifying the FDA of the transfer of the Priority Review Voucher.
Method of Delivery of Assets. Each Party shall make all notifications to the FDA as may be required under applicable Legal Requirements. Seller shall submit the FDA Notification Package to the Subject BLA through the FDA’s Electronic Submission Gateway within 14 days following the Closing and within two (2) days thereafter provide Buyer with a copy of Seller’s submission (the “Seller Notice of Transfer Submission”). Buyer shall submit the duly executed letters provided to be delivered in Section 3.02(g)(ii) and Section 3.02(h)(ii) hereof to the FDA promptly following Seller’s notification to Buyer of its submission, and Xxxxx’s receipt from Seller, of a copy of the Seller Notice of Transfer Submission, but in no event later than 30 days following the Closing (provided, that Seller timely complies with its obligations under this Section 3.04). Buyer shall promptly thereafter provide Seller with a copy of Xxxxx’s submission. Notwithstanding the forgoing, Xxxxx and Seller agree to reasonably cooperate and assist each other with respect to all required or desirable filings or notifications to any Governmental Entity related to the transfer and assignment of the Purchased Assets.
