Other Distribution. Nothing in this Agreement shall be deemed to preclude T/R from distributing or licensing Deliverables and the Licensed Intellectual Property Rights, as it deems appropriate, or from appointing others to do so, in or outside of the Territory.
Other Distribution. GM presently solicits sales from, and distributes ------------------ LDO Branded Products and HDO Branded Products to GM dealers, WDs, and other accounts, and it is the intent of the parties hereunder that such LDO Branded Products distribution and HDO Branded Products distribution will conform to separate templates to be promptly agreed upon by the parties. Prior to Closing under the Asset Purchase Agreement, GM's Delco Remy Division had responsibility for distribution of HDO Branded Products to other than GM dealers, WDs, and other types of accounts currently served by SPO, and it is the intent of the parties hereunder that such distribution will be continued by DRA consistent with past practice. Except as expressly set forth in this Agreement, nothing herein shall prohibit DRA's solicitations of sales and distribution of LDO Branded Products, LDO Unbranded Products, HDO Branded Products or HDO Unbranded Products.
Other Distribution. 2.3.1 SSI and its Subsidiaries reserve the right (without the use of any StorageTek Confidential Information, except as otherwise permitted by existing agreements between the Parties) with respect to the Standard Storage Products, including under arrangements whereby SSI's Trademarks may appear on such products, to sell directly and indirectly to OEMs, to appoint other distributors and resellers and to End Users for any application.
Other Distribution. 13 (g) Reorganization, Reclassification, Recapitalization, Merger or Sale of Company 14 (h) Splits and Combinations . . . . . . . . . . . . . . . . . 14 (i) Readjustments . . . . . . . . . . . . . . . . . . . . . . 14 (j) Determination of Consideration for Rights or Options. . . 15 (k) Determination of Consideration upon Payment of Cash, Property or Merger 15 (l) Record Date . . . . . . . . . . . . . . . . . . . . . . . 15 (m)
Other Distribution. In case the Company shall distribute or grant to the holders of shares of Common Stock (whether or not on a pro rata basis) any evidence of its indebtedness or any assets (including any such distribution made in connection with a consolidation or merger in which the Company is the continuing corporation) or rights or options to subscribe or purchase any such evidence of its indebtedness or assets (excluding rights or options to subscribe or purchase Common Stock or Convertible Securities), then a Diluting Event shall have occurred and the Basic Exercise Price, the First Alternative Exercise Price and the Second Alternative Exercise Price in effect immediately prior to such distribution or grant shall each be reduced by an amount equal to the aggregate amount of such distribution divided by the number of outstanding shares of Common Stock with respect to which such distribution was made immediately prior to such distribution, and other adjustments shall be made as set forth in Section 4.1 hereof. Such reductions shall take effect as of the date on which a record date is established for the purpose of such distribution or grant, or, if a record date is not established, the date as of which the holders of Common Stock of record entitled to such distribution or grant are to be determined.
Other Distribution. Vendor reserves the right from time to time and in its sole discretion, inside or outside the Territory, to increase or decrease the number of authorized resellers of "Products", and to distribute "Products" using its own personnel or independent sales representatives, or via any other distribution channel.
Other Distribution. On the date upon which the Escrow Period expires (the “Release Date”), the Escrow Agent shall release from the Escrow Account to Seller the remaining Escrow Funds (including any Additional Escrow Funds), less (A) any Escrow Funds delivered to XxXxxx Turbine in accordance with this Agreement or Section 10 of the Purchase Agreement in satisfaction of any Claims by XxXxxx Turbine and (B) any amounts subject to unresolved Claims for which XxXxxx Turbine has delivered a Notice of Claim, provided that the Escrow Agent shall promptly release to Seller the balance of the Escrow Funds (including any Additional Escrow Funds) not subject to such unresolved Claims as soon as any such Claims are resolved.
Other Distribution. In the event the Company shall declare a dividend or distribution payable in cash, securities of other persons, evidences of indebtedness issued by the Company or other persons assets or options or rights not referred to in Sections 3, 4 or 5 of this Appendix I, then, in each such case, provision shall be made by the Company such that the
Other Distribution. 13 (e) Dividends in Securities; Splits and Combinations. . . . . 13 (f)
Other Distribution. In case the Company shall distribute or grant to the holders of shares of Common Stock (whether or not on a pro rata basis) any evidence of its indebtedness or any assets (including any such distribution made in connection with a consolidation or merger in which the Company is the continuing corporation) or rights or options to subscribe or purchase any such evidence of its indebtedness or assets (excluding rights or options to subscribe or purchase Common Stock or Convertible Securities), then the Company shall make provision to pay to Holder, upon exercise of the Warrant, an amount per share acquired upon exercise (adjusted in inverse proportion to any adjustment made thereafter in the number of shares pursuant to this ARTICLE IV) the amount equal to the aggregate amount of such distribution or grant in excess of (x) the lesser of (a) 50% of net income for such 12-month period and (b) 15% of Net Worth divided by (y) all outstanding shares of Common Stock with respect to which such distribution or grant is payable. Such provision shall take effect as of the date on which a record date is established for the purpose of such distribution or grant, or, if a record date is not established, the date as of which the holders of Common Stock of record entitled to such distribution or grant are to be determined.
