Opt-Out Notice. That notice provided to Eligible Consumers notifying them of their right to “Opt-Out” of purchasing All-Requirements Power supply from the Competitive Supplier and which said Opt-Out Notice is further defined in Article 5.1.
Opt-Out Notice. Each Holder may deliver written notice (an “Opt-Out Notice”) to the Company requesting that such Holder not receive notices from the Company otherwise required by this Section 2; provided, however, that such Holder may later revoke any such Opt-Out Notice in writing. Following receipt of an Opt-Out Notice from a Holder (unless subsequently revoked), (a) the Company shall not deliver any notices pursuant to this Section 2 to such Holder and such Holder shall no longer be entitled to the rights associated with any such notice and (b) each time prior to such Holder’s intended use of an effective Registration Statement, such Holder will notify the Company in writing at least two (2) Business Days in advance of such intended use, and if a notice of an Allowed Delay was previously delivered (or would have been delivered but for the provisions of this Section 2.6) and the related suspension period remains in effect, the Company will so notify such Holder, within one (1) Business Day of such Holder’s notification to the Company, by delivering to such Holder a copy of such previous notice of an Allowed Delay, and thereafter will provide such Holder with the related notice of the conclusion of such Allowed Delay immediately upon the conclusion thereof (which notices shall not contain any material, nonpublic information or subject such Holder to any duty of confidentiality).
Opt-Out Notice. “Opt-Out Notice” or “Opt-Out” shall mean a Request for Exclusion.
Opt-Out Notice. Any Holder may deliver written notice (an “Opt Out Notice”) to the Corporation requesting that such Holder not receive notice from the Corporation of any proposed Underwritten Offering or of any blackout periods contemplated by Section 2.01(c). Such Opt Out Notice shall contain a covenant that the Holder will not attempt to effect any sales under the Shelf Registration Statement while the Opt Out Notice is in effect; however such Holder may make sales under Rule 144. Any Holder that delivers an Opt Out Notice may later revoke any such notice.
Opt-Out Notice. Jounce shall have the right, exercisable in its sole discretion, to elect to opt-out of its Development, Manufacturing and Commercialization rights and the Development Cost Share and Profit & Loss Share under this Jounce Lead Co-Co Agreement in the United States and to instead receive the royalty payments described in paragraph 6 on and in accordance with Exhibits C-1 or C-2, as applicable, by written notice to Celgene (such notice, the “Jounce Opt-Out Notice”); provided, however, that Jounce may not, without consent of Celgene, provide any such notice (x) within [***] after any Regulatory Authority or the other Party has provided to any Committee or Jounce any notification under Section 2.4.9 that a recall, market withdrawal or similar action may be required with respect to any Co-Co Product in the United States or (y) within [***] after any Committee or Jounce receives knowledge of any Third Party Products Liability Action. After Jounce provides such Jounce Opt-Out Notice and subject to Section 4.3.7 and this Section 4.4, Celgene shall have sole discretion with respect to any matters regarding further Development, Manufacturing and Commercialization (including any sales force activities and designation of sales representatives) hereunder worldwide, provided that, during the period between such Jounce Opt-Out Notice and the applicable Jounce Opt-Out Date, Celgene shall use Commercially Reasonable Efforts to continue such activities in accordance with the plans and budgets therefor in effect as of such Jounce Opt-Out Notice. For clarity, after delivery of the Jounce Opt-Out Notice Jounce shall remain eligible to receive the milestone payments described on Exhibit C-1 and C-2.
Opt-Out Notice. Each Investor may deliver written notice (an “Opt-Out Notice”) to the Company requesting that such Investor not receive notices from the Company otherwise required by this Section 2; provided, however, that such Investor may later revoke any such Opt-Out Notice in writing. Following receipt of an Opt-Out Notice from an Investor (unless subsequently revoked), (i) the Company shall not deliver any notices pursuant to this Section 2 to such Investor and such Investor shall no longer be entitled to the rights associated with any such notice and (ii) each time prior to such Investor's intended use of an effective Registration Statement, such Investor will notify the Company in writing at least two (2) Business Days in advance of such intended use, and if a notice of an Allowed Delay was previously delivered (or would have been delivered but for the provisions of this Section 2.7) and the related suspension period remains in effect, the Company will so notify such Investor, within one (1) Business Day of such Investor’s notification to the Company, by delivering to such Investor a copy of such previous notice of an Allowed Delay, and thereafter will provide such Investor with the related notice of the conclusion of such Allowed Delay immediately upon the conclusion thereof (which notices shall not contain any material, nonpublic information or subject such Investor to any duty of confidentiality).
Opt-Out Notice. Any Holder of Registrable Securities may deliver written notice (an “Opt-Out Notice”) to the Company requesting that such Holder of Registrable Securities not receive from the Company any Piggyback Notice; provided, however, that such Holder of Registrable Securities may later revoke any such Opt-Out Notice in writing. The Company shall not deliver any notice to such Holder of Registrable Securities pursuant to this Section 2.3 (i) with respect to a Registration or Underwritten Offering proposed to be filed or to commence, as applicable, prior to the expiration of the Lock-Up Period; and (ii) following receipt of an Opt-Out Notice from a Holder of Registrable Securities (unless subsequently revoked).
Opt-Out Notice. In addition to the broad-‐based education initiatives, a 30-‐day opt-‐out notice will be mailed to every customer on basic service. The notice will have the appearance of an official town communication, and it will be sent in an envelope clearly marked as containing time-‐sensitive information related to the program. The notice will: (1) introduce and describe the program; (2) inform customers of their right to opt-‐out and that they will be automatically enrolled if they do not exercise that right; (3) explain how to-‐ opt out; and (4) prominently state all program charges and compare the price and primary terms of the Town’s competitive supply to the price and terms of NSTAR’s basic service. The opt-‐out notice is attached to this Plan as Appendix C. The direct mailing will include an opt-‐out reply card. Customers will have 30 days from the date of the mailing to return the reply card if they wish to opt out of the program. The notice will be designed by Natick and printed and mailed by the competitive supplier, who will process the opt-‐out replies. The opt-‐ out reply card is attached to this Plan as Appendix D.
Opt-Out Notice. Subject to the terms and conditions of this Agreement (including this Section 11.4 (Nurix Opt-Out)), on a Profit-Share Product-by-Profit-Share Product basis, Nurix shall have the right, exercisable in its sole discretion, to elect to opt-out of: (a) all of the Nurix Opt-In Agreements then in effect with respect to such Profit-Share Product and instead receive the royalty payments described in Section 13.10 (Royalties); or (b) if a Profit-Share Product Agreement has been executed and remains in effect, only the Co-Promotion Agreement with respect to such Profit-Share Product, in which case the terms and conditions of the Profit-Share Product Agreement and of this Agreement with respect to Profit-Share Products shall continue to apply, subject to any applicable terms of the relevant Nurix Opt-In Agreements. Nurix may exercise its right to opt-out under this Section 11.4.1 (Opt-Out Notice) by delivery to Seagen of written notice indicating such exercise and whether such exercise is under clause (a) or (b) of this Section 11.4.1 (Opt-Out Notice) (each such notice, a “Nurix Opt-Out Notice”); provided, however, that Nurix may not, without the prior written consent of Seagen, deliver a Nurix Opt-Out Notice under clause (a) or (b) prior to [*] anniversary of Nurix’s exercise of its Profit-Share Option. For clarity, following the Nurix Opt-Out Date with respect to all Nurix Opt-In Agreements for a Profit-Share Product, subject to this Section 11.4 (Nurix Opt-Out) and Section 13.7.2(b), each Licensed Product that prior to such Nurix Opt-Out Date was a Profit-Share Product will remain a Licensed Product and thereafter be eligible to receive the Milestone Payments achieved by such Licensed Product as further described in Section 11.4.2 (Opt-Out Date and Wind-Down), including the Sales Milestone Payments, and royalty payments for Net Sales of such Licensed Product for the remainder of the applicable Royalty Term as further described in Article 13 (Financial Terms).
Opt-Out Notice. Any Holder of Registrable Securities may deliver written notice (an “Opt-Out Notice”) to the Corporation requesting that such Holder of Registrable Securities not receive from the Corporation any Piggyback Registration Notice; provided, however, that such Holder of Registrable Securities may later revoke any such Opt-Out Notice in writing. Following receipt of an Opt-Out Notice from a Holder of Registrable Securities (unless subsequently revoked), the Corporation shall not deliver any notice to such Holder of Registrable Securities pursuant to this Section 2.2.
