Opt-In. The Interest shall be considered a “security” as defined in Section 104.8102(1)(o) of the UCC, and this statement shall constitute an express provision that each such Interest is a security governed by Article 8 of the UCC, within the meaning of Section 104.8103(3) of the UCC, solely for the purposes of establishing the applicability thereto of the provisions of Article 8 governing
Opt-In. The Membership Interests shall be governed by Article 8 of the Delaware Uniform Commercial Code and shall be considered securities for purposes thereof.
Opt-In. Each Unit shall constitute a “security” within the meaning of, and governed by, (i) Article 8 of the Uniform Commercial Code (including Section 8-102(a)(15) thereof) as in effect from time to time in the State of Delaware, and (ii) the corresponding provisions of the Uniform Commercial Code of any other applicable jurisdiction that now or hereafter substantially includes the 1994 revisions to Article 8 thereof as adopted by the American Law Institute and the National Conference of Commissioners on Uniform State Laws and approved by the American Bar Association on February 14, 1995.
Opt-In. If outlined in the Agreement, the Parties may offer Entrants a chance to “opt-in”, by actively giving their consent, to receive specific additional information from Corus or Company or both, as further described in Section 6(c) of the Agreement (the “Opt-In”). Corus will provide Company with the Entrant Information of those who Opt-In as long as Company agrees that it will use the Entrant Information: (i) only for purposes outlined in the Agreement;
Opt-In. If you wish to authorize the Credit Union to pay point-of-sale debit card transactions or ATM transactions which will exceed your account balance taking your account into the negative, you must opt-in. If you do not have sufficient funds to cover these types of transactions, and choose not to opt-in, the Credit Union will decline the transactions. You must notify us in writing if you choose to opt-in to these transactions. Also, you must notify us in writing if, at a later date, you choose to opt-out of these transactions.
Opt-In. 3.1.1 As soon as reasonably practicable after the database lock of the first [ * ] of each Exclusive Product, Genmab will begin providing SGI with all material information necessary or useful in making an Opt-In Decision as further specified in this Section 3.1
Opt-In. The Company hereby elects that all Units in the Company shall be securities governed by Article 8 of the Uniform Commercial Code as in effect in the state of its jurisdiction of formation and, to the extent permitted by applicable law, each other applicable jurisdiction.
Opt-In. Subject to the terms and conditions of this Agreement, CureVac has the option to join Genmab [*****] [*****] on the Development, Manufacture and Commercialization of any [*****] Product that is a Cocktail Product, at CureVac’s sole election (“Opt-In”). If within [*****] of Genmab’s Option Exercise with respect to such Reserved Target Combination (then an Optioned Target Combination) which might result in a Cocktail Product, CureVac requests to receive an Opt-In Data Package (as defined below), Genmab shall within [*****] of such Option Exercise supply CureVac with (i) a comprehensive preclinical data package generated under the respective Program, including all Development Data available at such time; and (ii) a high-level draft Development plan (specifying in high-level the contemplated Clinical Studies and non-clinical studies to be conducted) up until and including contemplated Clinical Phase I Studies; and (iii) a proposed budget of costs, internal and external, for the draft Development Plan, and (iv) a copy of the documentation (with any reasonably required redactions, including redactions to exclude information not directly related to the Product data such as information from Genmab’s board of directors, financial information etc.) provided to Genmab’s portfolio board as basis for Genmab taking the decision to undertake Option Exercise in relation to the relevant Cocktail Product (“Opt-In Data Package”). Within [*****] of receipt of the Opt-In Data Package, CureVac shall notify Genmab whether or not CureVac wishes to Opt-In. Upon CureVac’s Opt-In and payment of the Opt-In Fee in accordance with Section 10.3 below, the Optioned Target Combination will become an “Opt-In Target” and any Product resulting therefrom will be an “Opt-In Product”. If CureVac requests an Opt-In Data Package the Option Exercise Fee under Section 10.2 shall be deferred until [*****] after CureVac has given Genmab notice under this Section 7.1, that CureVac is not exercising its right to Opt-In. For avoidance of doubt, if CureVac does not request any Opt-In Data Package within [*****] of the Option Exercise, Genmab shall have no obligation to provide such Opt-In Data Package and CureVac shall no right to Opt-In with respect to the particular Cocktail Product.
Opt-In. (a) Opt-in. Following a Section 5.12 Opt-out Effective Date with respect to a New Indication Existing Licensed Product, in the event that (i) the New Indication Funding Party receives Regulatory Approval to Commercialize such New Indication Existing Licensed Product in such Commercially Viable Indication in the New Indication Funding Party’s Territory (such new indication being hereinafter referred to as the “Opt-in Indication”), and (ii) the pivotal trial(s) with respect to such New Indication Existing Licensed Product for which Regulatory Approval was received were initially designed to support Regulatory Approval in both the AVEO Territory and the Licensed Territory (and the Regulatory Approval was received from the FDA (in the case that AVEO was the New Indication Funding Party) or either (A) EMEA or (B) the applicable Regulatory Authority in any one of Germany, France, Spain, Italy or the United Kingdom (in the case that Biogen Idec was the New Indication Funding Party)), then the New Indication Funding Party shall give written notice (in each case, the “Opt-in Notice”) to the other Party that the New Indication Funding Party has received a Regulatory Approval to Commercialize such New Indication Existing Licensed Product in such Opt-in Indication in the New Indication Funding Party’s Territory under this Agreement, in which case the provisions of this Section 5.13 shall become applicable to such New Indication Existing Licensed Product with respect to such Opt-in Indication (in each case, an “Opt-in New Indication Existing Licensed Product”) on the date such written notice is given (in each case, the “Opt-in Notice Date”). From and after the Opt-in Notice Date with respect to an Opt-in New Indication Existing Licensed Product, and subject to the provisions of Section 5.13(b), the non-New Indication Funding Party (the “Opt-in Party”) shall be required to make a cash payment to the New Indication Funding Party, within [**] of the Opt-in Notice Date, equal to one hundred percent (100%) of the aggregate Development
Opt-In. No Grantor shall take any action to cause any membership interest, partnership interest, or other equity interest of any limited liability company or limited partnership owned or controlled by any Grantor comprising Collateral to be or become a “security” within the meaning of, or to be governed by Article 8 of the UCC as in effect under the laws of any state having jurisdiction and shall not cause or permit any such limited liability company or limited partnership to “opt in” or to take any other action seeking to establish any membership interest, partnership interest or other equity interest of such limited liability company or limited partnership comprising the Collateral as a “security” or to become certificated, in each case, without delivering all certificates evidencing such interest to the Second Lien Notes Collateral Agent in accordance with and as required by Section 2.02.
