New Commitments. Neither Party will incur new expenses related to this CRADA after expiration, mutual termination, or a notice of a unilateral termination and will, to the extent feasible, cancel all outstanding commitments and contracts by the termination date. Collaborator acknowledges that ICD will have the authority to retain and expend any funds for up to one (1) year subsequent to the expiration or termination date to cover any unpaid costs obligated during the term of the CRADA in undertaking the research and development activities set forth in the Research Plan.
New Commitments. No Party shall make new commitments related to this CRADA after a mutual termination or notice of a unilateral termination and shall, to the extent feasible, cancel all outstanding commitments and contracts by the termination date.
New Commitments. At any time following the completion of the syndication of the credit facilities provided herein (as reasonably determined by the Joint Lead Arrangers) and at least six months prior to the LC Facility Maturity Date, Borrower may by written notice to the Administrative Agent elect to request an increase to the Total LC Facility Deposit (any such increase, the “New LC Facility Deposits”), in an amount of $5.0 million or an integral multiple of $1.0 million in excess thereof, but not in an amount greater than $10.0 million in the aggregate during the term of the Agreement. In connection with the New LC Facility Deposits, Borrower may, but shall not be required to, increase the LC Facility LC Fees with respect to the LC Facility Deposits (which increase shall also be applicable to LC Facility Deposits previously deposited). Such notice shall (A) specify the date (an “Increased Amount Date”) on which Borrower proposes that the New LC Facility Deposits be made, which shall be a date not less than five (5) Business Days after the date on which such notice is delivered to the Administrative Agent and (B) if applicable, specify any increase in the LC Facility LC Fees. Borrower shall also notify the Administrative Agent in writing of the identity of each existing LC Facility Lender or other financial institution acceptable to the Administrative Agent (each such LC Facility Lender or financial institution, a “New LC Facility Lender”) to whom the New LC Facility Deposits have been allocated and the amounts of such allocations. Such New LC Facility Deposits shall become effective as of such Increased Amount Date; provided that (1) no Default shall exist on such Increased Amount Date before or after giving effect to such New LC Facility Deposits, (2) the Administrative Agent does not object to any New LC Facility Lender and (3) such increase in the Total LC Facility Deposit shall be evidenced by (x) one or more joinder agreements executed and delivered to the Administrative Agent by each New LC Facility Lender and (y) one or more confirmations by each existing LC Facility Lender providing a portion of the New LC Facility Deposit, in each case in a form acceptable to the Administrative Agent and each shall be recorded in the register, each of which shall be subject to the requirements set forth in Section 2.16(d).
New Commitments. The Research Organization shall make no new commitments funded under this Agreement, after receipt of a written termination notice from AISC and shall, to the extent feasible, cancel all outstanding commitments and contracts by the termination date.
New Commitments. At any time and from time to time following the completion of the syndication of the Facilities (as reasonably determined by the Administrative Agent), the U.S. Borrower may by written notice to the Administrative Agent elect to request additional term loan commitments (any such increase, the “New Term Commitments)” by an amount not in excess of, together with any Indebtedness outstanding under Section 6.01(v), the Dollar Equivalent of $250.0 million in the aggregate or a lesser amount in integral multiples of the Dollar Equivalent of $10.0 million but not less than the Dollar Equivalent of $150.0 million. Such notice shall (A) specify the date (an “Increased Amount Date”) on which the U.S. Borrower proposes that the New Term Commitments be made available for borrowing, which shall be a date not less than 5 Business Days after the date on which such notice is delivered to the Administrative Agent, and (B) offer each Term Lender the right to provide New Term Commitments on a pro rata basis. The U.S. Borrower shall notify the Administrative Agent in writing of the identity of each Term Lender or other financial institution reasonably acceptable to the Administrative Agent (each, a “New Term Lender”) to whom the New Term Commitments have been (in accordance with the prior sentence) allocated and the amounts of such allocations; provided that any Lender approached to provide all or a portion of the New Term Commitments may elect or decline, in its sole discretion, to provide a New Term Commitment. Loans made pursuant to such New Term Commitments (“New Term Loans”) shall be made on such Increased Amount Date; provided that (1) no Default or Event of Default shall exist on such Increased Amount Date before or after giving effect to such New Term Commitments and Loans; (2) the U.S. Borrower shall make any payments required pursuant to Section 2.16 in connection with the provisions of the New Term Commitments; (3) the maturity date of New Term Loans shall not be earlier than the Term Loan Maturity Date; (4) the weighted average life to maturity of any New Term Loans shall be no shorter than the weighted average life to maturity of the existing Term Loans; (5) in the event that the Applicable Margins for any New Term Loans are more than 50 basis points greater than the Applicable Margins for the Term Loans, then the Applicable Margins for the Term Loans shall be increased to the extent necessary so that the Applicable Margins for the New Term Loans are no more than...
New Commitments. Without the prior written consent of the Buyer (which shall not be unreasonably withheld), neither Seller shall prior to the Closing (a) other than in accordance with the Bid Procedures Order, enter into any new agreement or commitment with respect to the Assets or the Business other than in the ordinary course operation of the Business, (b) modify or terminate any existing agreements relating to the Assets other than in the ordinary course operation of the Business, or (c) encumber, sell or otherwise dispose of any of the Assets other than personal property that is replaced by equivalent property or consumed in the normal, ordinary course operation of the Business, except for any commitment as set forth on Schedule 6.4 sought pursuant to motions pending with or approved by the Bankruptcy Court as of the date hereof.
New Commitments. No Party shall make new commitments related to this Agreement after a mutual termination or notice of a unilateral termination and shall, to the extent feasible, cancel all outstanding commitments and contracts by the termination date.
New Commitments. Neither Party will incur new expenses related to this CRADA after expiration, mutual termination, or a notice of a unilateral termination and will, to the extent feasible, cancel all outstanding commitments and contracts by the termination date. Collaborator acknowledges that ICD will have the authority to retain and expend any funds already received by ICD for up to […***…] subsequent to the expiration or termination date to cover any unpaid costs obligated during the term of the CRADA in undertaking the research and development activities set forth in the Research Plan. PHS ICT-CRADA Case Ref. No. MODEL ADOPTED June 18, 2009 Page 51 of 52 Confidential PUBLIC HEALTH SERVICE COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENT FOR INTRAMURAL-PHS CLINICAL RESEARCH
New Commitments. Neither Party will incur new expenses related to this CRADA after expiration, mutual termination, or a notice of a unilateral termination and will, to the extent feasible, cancel all outstanding commitments and contracts by the termination date. Collaborator acknowledges that IC will have the authority to retain and expend any funds for up to [***] subsequent to the expiration or termination date to cover any unpaid costs obligated during the term of the CRADA in undertaking the research and development activities set forth in the Research Plan and for ongoing CRADA-related expenses that arise after the expiration or termination date, such as vaccine stability testing, managing or analyzing CRADA Data and CRADA Materials, continuing ongoing clinical trials, and conducting follow-up observations of Human Subjects treated under the CRADA, such that the authority to make these expenditures will survive the CRADA.
New Commitments. Neither Party will incur new expenses related to this CRADA after expiration, mutual termination, or a notice of a unilateral termination and will, to the extent feasible, cancel all outstanding commitments and contracts by the termination date. Collaborator acknowledges that IC will have the authority to retain and expend any funds for up to [***] subsequent to the expiration or termination date to cover any unpaid costs obligated during the term of the CRADA in undertaking the research and development activities set forth in the Research Plan and for ongoing CRADA-related expenses that arise after the expiration or termination date, such as vaccine stability testing, managing or analyzing CRADA Data and CRADA Materials, continuing ongoing clinical trials, and conducting follow-up observations of Human Subjects treated under the CRADA, such that the authority to make these expenditures will survive the CRADA. [***] 6/25/13 [***] Date Deputy Director for Clinical and Translational Research, NCI [***] 28 May 2013 Name: [***] Date Title: President, BN Immunotherapeutics, Inc. The purpose of this amendment is to change certain terms of the above-referenced Cooperative Research and Development Agreement (CRADA). These changes are reflected below, and except for these changes, all other provisions of the original CRADA, as amended by Amendment #1 on June 21, 2013, remain in full force and effect. The Parties agree as follows:
