Occurrence Based Coverage Not Available Sample Clauses

Occurrence Based Coverage Not Available. If AtheroGenics is unable to obtain "occurrence based type" liability insurance for a reasonable fee, AtheroGenics shall procure "claims made type" liability coverage to be effective prior to any clinical trial or Sale of any Licensed Patent, and throughout the term of this Agreement and "tail coverage," extending at least ten (10) years after termination of this Agreement. AtheroGenics shall notify Emory prior to its first clinical trial or commercial Sale of any Licensed Product, or all insurance coverage AtheroGenics possesses to meet AtheroGenics' obligations under Sections 12.2 and 12.3 of this Agreement.
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Occurrence Based Coverage Not Available. If CBT is unable to obtain “occurrence based type” liability insurance, CBT shall procure “claims made type” liability coverage to be effective prior to any clinical trial or Sale of any Licensed Patent, and throughout the term of this Agreement and “tail coverage”, extending at least ten (10) years after termination of this Agreement. CBT shall notify EMORY prior to its first clinical trial or First Commercial Sale of any Licensed Product, of all insurance coverage available to CBT to meet CBT's obligations under Sections 10.2 and 10.3 of this Agreement and other assets available to CBT which may be used by CBT should the insurance coverage available to CBT not be sufficient to meet CBT’ obligations under Sections 10.2 and 10.3.
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Occurrence Based Coverage Not Available. If CYBERKINETICS is unable to obtain "occurrence based type" liability insurance, CYBERKINETICS shall procure "claims made type" liability coverage to be effective prior to any clinical trial or Sale of any Licensed Products, and throughout the term of this Agreement and "tail coverage", extending at least ten (10) years after termination of this Agreement. CYBERKINETICS shall notify EMORY prior to its first clinical trial or commercial Sale of any Licensed Product, of all insurance coverage and other assets available to CYBERKINETICS to meet CYBERKINETICS' obligations under Article 9 of this Agreement.
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Occurrence Based Coverage Not Available. If CYBERKINETICS is unable to obtain "occurrence based type" liability insurance, CYBERKINETICS shall procure "claims made type" liability coverage to be effective prior to any clinical trial or Sale of any Licensed Products, and throughout the term of this Agreement and "tail coverage", extending at least ten (10) years after termination of this Agreement. CYBERKINETICS shall notify EMORY prior to its first clinical trial or commercial Sale of any Licensed Product, of all insurance coverage and *** Information redacted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission. other assets available to CYBERKINETICS to meet CYBERKINETICS' obligations under Article 9 of this Agreement.
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Related to Occurrence Based Coverage Not Available

  • Minimum Excess Availability Borrower shall have Excess Availability under the Revolving Credit Loans facility of not less than the amount specified in the Schedule, after giving effect to the initial advance hereunder and after giving effect to any applicable Loan Reserves against borrowing availability under the Revolving Credit Loans.

  • Illegality; Increased Costs; Deposits Not Available If at any time any Lender shall have determined that:

  • Market Disruption Event Section 6.3(a) of the Equity Definitions is hereby replaced in its entirety by the following:

  • Market disruption; non-availability 3.6.1 If and whenever, at any time prior to the commencement of any Interest Period:

  • Non-availability of matching deposits for Interest Period selected If, after the Borrowers have selected and the Lender has agreed an Interest Period longer than 6 months, the Lender notifies the Borrowers by 11.00 a.m. (London time) on the third Business Day before the commencement of the Interest Period that it is not satisfied that deposits in Dollars for a period equal to the Interest Period will be available to it in the London Interbank Market when the Interest Period commences, the Interest Period shall be of 6 months.

  • Excess Availability Borrowers shall have Excess Availability at all times of at least (i) as of any date of determination during the period from July 25, 2016 through and including August 29, 2016, $10,000,000, (ii) as of any date of determination during the period from August 30, 2016 through and including October 6, 2016, $13,000,000, (iii) as of any date of determination during the period from October 7, 2016 through and including October 13, 2016, $17,500,000, and (iv) as of any date of determination during the period from October 14, 2016 through and including December 31, 2016, $20,000,000.

  • Libor Rate Unascertainable Illegality Increased Costs Deposits Not Available (a) If on any date on which a LIBOR Rate would otherwise be determined, the Administrative Agent shall have determined that:

  • Increased Cost (a) If, after the Closing Date, the adoption of, or any change in, any applicable law, rule or regulation, or any change in the interpretation or administration of any applicable law, rule or regulation by any Governmental Authority, central bank or comparable agency charged with the interpretation or administration thereof (provided that notwithstanding anything herein to the contrary, the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and all requests, rules, guidelines or directives thereunder or issued in connection therewith shall be considered a change in applicable law, regardless of the date enacted, adopted or issued), or compliance by any Lender with any request or directive (whether or not having the force of law) issued after the Closing Date of any such authority, central bank or comparable agency: (i) shall impose, modify or deem applicable any reserve (including any reserve imposed by the FRB), special deposit or similar requirement against assets of, deposits with or for the account of, or credit extended by any Lender; or (ii) shall impose on any Lender any other condition affecting its ability to make loans based on the LIBOR Rate or its obligation to make loans based on the LIBOR Rate; and the result of anything described in clauses (i) and (ii) above is to increase the cost to (or to impose a cost on) such Lender of making or maintaining any loan based on the LIBOR Rate, or to reduce the amount of any sum received or receivable by such Lender under this Agreement or under its Note with respect thereto, then upon demand by such Lender (which demand shall be accompanied by a statement setting forth the basis for such demand and a calculation of the amount thereof in reasonable detail, a copy of which shall be furnished to Agent), and without duplication of other payment obligations of Borrower hereunder (including pursuant to Section 3.1), Borrower shall pay directly to such Lender such additional amount as will compensate such Lender for such increased cost or such reduction, so long as such amounts have accrued on or after the day which is one-hundred eighty (180) days prior to the date on which such Lender first made demand therefor; provided that if the event giving rise to such costs or reductions has retroactive effect, such one-hundred eighty (180) day period shall be extended to include the period of retroactive effect. For the avoidance of doubt, this clause (a) will not apply to any such increased costs or reductions resulting from Taxes, as to which Section 3.1 shall govern.

  • Market Disruption (a) If a Market Disruption Event occurs in relation to a Loan for any Interest Period, then the rate of interest on each Lender’s share of that Loan for the Interest Period shall be the percentage rate per annum which is the sum of:

  • No Default; Delinquency Limitations No Receivable is a non-performing Receivable or has a payment that is more than 90 days overdue as of the Cutoff Date and, except for a payment default continuing for a period of not more than 90 days, no default, breach, violation or event permitting acceleration under the terms of any Receivable has occurred and is continuing; and no continuing condition (other than a payment default continuing for a period of not more than 90 days) that with notice or the lapse of time would constitute such a default, breach, violation or event permitting acceleration under the terms of any Receivable has arisen; and CNHICA has not waived any of the foregoing. Receivables that are considered “delinquent” (as defined in Item 1101(d) of Regulation AB) constitute less than 20% of the aggregate Statistical Contract Value of all of the Trust’s Receivables as of the Cutoff Date.

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