NewCo Formation Documents Sample Clauses
NewCo Formation Documents. Subject to and following the validation of the Ra-226 Production Process, FPI and TRIUMF will use commercially reasonable efforts to form NewCo, which shall have the right to supply the FPI Annual Requirement Minimum. Set forth below are certain terms and conditions that the Parties will include in NewCo Formation Documents.
NewCo Formation Documents. ONS shall cause all necessary documents (the "Newco Formation Documents") to effect the Newco Formation and other matters referred to in Sections 2.1, 2.2 and 2.3 to be prepared and circulated to the Exchanging Partners for review and comment. The Exchanging Partners agree to submit any comments on the Newco Formation Documents, consistent with the requirement that Newco be substantially identical in all material respects to ONS, within 10 Business Days after all Exchanging Partners have received the initial drafts of such documents and within five Business Days after receipt of subsequent drafts. ONS shall cause final drafts of the Newco Formation Documents to be prepared, consistent with the requirement that Newco be substantially identical in all material respects to ONS, and circulated to the Exchanging Partners. The Exchanging Partners shall have a period of five Business Days after all Exchanging Partners have received such final drafts to raise any objections to the contents of such documents, consistent with the requirement that Newco be substantially identical in all material respects to ONS, and the parties shall negotiate in good faith to resolve any such objections. The resolution of any such objections shall be reflected in the Newco Formation Documents, and such documents shall be finalized and implemented. ONS shall cause the Newco Formation Documents, as finalized and implemented, to be circulated to the Exchanging Partners. If the finalized Newco Formation Documents are not consistent with the requirement that Newco be substantially identical in all material respects to ONS and any discrepancies are not reasonably acceptable to the Exchanging Partners, each of the Exchanging Partners shall have the right to terminate this Agreement pursuant to the final paragraph of Section 13.1. If all of the Exchanging Partners shall not have terminated this Agreement pursuant to the final paragraph of Section 13.1 within a period of five Business Days after all Exchanging partners have received such finalized and implemented Newco Formation Documents, the "Newco Finalization Date" shall be deemed to have occurred on the last day of such period.