Other than naming you as a Trust shareholder, we shall not give any information or make any representations or statements on behalf of you or concerning you, the Accounts or the Contracts other than information or representations contained in and accurately derived from Disclosure Documents (as such Disclosure Documents may be amended or supplemented from time to time), or in materials approved by you for distribution, including Sales Literature/ Promotional Material, except as required by legal process or regulatory authorities or with your written permission.
Other than. (i) the shares reserved for issuance under the Company's stock option plans; and (ii) shares which may be granted pursuant to this Agreement and the Related Agreements, there are no outstanding options, warrants, rights (including conversion or preemptive rights and rights of first refusal), proxy or stockholder agreements, or arrangements or agreements of any kind for the purchase or acquisition from the Company of any of its securities. Except as disclosed on Schedule 4.3, neither the offer, issuance or sale of any of the Note, the Warrant or the Warrant Shares, nor the consummation of any transaction contemplated hereby will result in a change in the price or number of any securities of the Company outstanding, under anti-dilution or other similar provisions contained in or affecting any such securities.
Other than. ANG" or "NANG" , the Government shall have the option to take its entitlement to Profit Petroleum either in cash or in kind in any Year. In case of "ANG" or "NANG", as the case may be, the Government shall have the option to take its entitlement to Profit Petroleum in cash or in kind and such option shall be exercised at interval of every five (5) Years from the commencement of first Commercial Production from the Contract Area.
Other than a collateral assignment for security, neither this Agreement, nor any right, obligation or claim arising out of or in connection with this Agreement will be assigned to an unrelated or unaffiliated entity by either party or by operation of law without prior written consent of the other party.
Other than. (a) claims for breach of the representations and warranties in (i) Sections 5.1(a), (b), and (c) of this Agreement, (ii) Section 8.2(a) of the Transition Services and Supply Agreement, and (iii) Sections 5.1 and 5.2(a), (b) and (c) of the Acquisition Option Agreement (collectively, “Fundamental Representations”),
(b) claims for indemnification arising under Sections 8.2(b), (c), (d) and (e) of this Agreement,
(c) claims for breach of Section 2.3.1 of this Agreement,
(d) VidaMed Claims as described in the Acquisition Option Agreement, and
(e) claims for breach of Section 9.1 of the Acquisition Option Agreement, Medtronic’s aggregate total liability under this Agreement and the Related Agreements, including for indemnification or for direct damages, is subject to a cap equal to 50% of all payments actually received by Medtronic under this Agreement and the Related Agreements (“Aggregate Cap”); provided, however, that in the event the Aggregate Cap is insufficient to cover Urologix’s claims under (c) above for breaches of the Restrictive Covenant of Section 2.3.1, Urologix may recover additional amounts on account of such claims, up to a maximum amount of $10,000,000, less any amounts applied to the Aggregate Cap. For illustration, if the Aggregate Cap is $250,000, and Urologix has a claim of $500,000 for a breach of a Fundamental Representation (“Breach A”), a separate claim for $500,000 for breach unrelated to Breach A and unrelated to Section 2.3.1 (“Breach B”), and also holds a claim of $10,000,000 for breach of Section 2.3.1, Urologix will be entitled to recover $500,000 on account of Breach A, $0 for Breach B, and $9,500,000 on account of the breach of Section 2.3.1;
Other than. (1) cash calls under an approved Program and Budget which are not Additional Contributions (as those terms are defined in the MDOA);
(2) expenditures which the Borrower makes as the manager of the Project on behalf of the other participant pursuant to the MDOA;
(3) its share of Budget overruns of less than ten percent, as described in section 9.8 of the MDOA; and
(4) emergency expenditures made in accordance with section 9.9 of the MDOA, where under the terms of the MDOA the agreement of the Borrower (in its capacity as a participant in the Project, and not the manager of the Project) is required for any Project expenditure not contemplated by the Project Plan, the Borrower will give notice to the Agent of such expenditure. The Borrower will not agree to the relevant expenditure being incurred without the consent of the Agent, but the Agent will not withhold its consent if it is satisfied (acting reasonably) that the incurring of the relevant expenditure will not result in:
Other than. (a) general assertions of claims to aboriginal rights and title in respect of the traditional territories of the Tahltan Nation, which covers a portion of the KSM Project;
(b) general assertions of claims to aboriginal rights and title in respect of the traditional territories of the Tsetsaut Skii km Lax Ha, which covers all of the KSM Project;
(c) rights of the Nisga’a Nation relating to the Nass Area under the Nisga’a Final Agreement, which covers a portion of the KSM Project;
(d) general assertions of claims to aboriginal rights and title in respect of the traditional territories of the Yellowknives Dene First Nation, which covers all of the Courageous Lake Project; and
(e) rights of the Tlicho Nation relating to shared use areas under the Tlicho Land Claims and Self-Government Agreement, which covers a portion of the Courageous Lake Project, there are no claims with respect to indigenous persons’ rights currently pending or, to the knowledge of the Corporation, threatened with respect to any of the Property Rights.
Other than. EXPRESSLY STATED IN THIS CLAUSE 6, DEXMA provides the Service “AS IS” and all other implicit or explicit conditions, representations and warranties, whether legal or of any other kind, including without limitation any implicit warranty of merchantability, satisfactory quality, suitability or the non-infringement of third parties’ rights, are disclaimed to the maximum extent permitted by the applicable law. In particular but without limitation,
a) DEXMA does not represent or warrant the reliability, suitability, quality, adaptability, veracity, availability, precision or totality of the Service or its contents.
b) DEXMA does not represent or warrant that (a) the use of the Service is secure, suitable, uninterrupted or functioning without errors or in combination with other hardware, software, systems or data; (b) the Service satisfies Your or Your Client needs or expectations; (c) any stored data is precise or reliable; (d) the quality of any product, Service, information or other material acquired through the Service satisfies its needs or expectations; (e) the errors or faults can be corrected; or (f) the Service or the servers allowing the Service do not contain a virus or other harmful components.
Other than. Sonesta Orlando Resorts at Tierra del Sol", Borrower uses no trade name other than its actual name set forth herein. The principal place of business of Borrower is as stated in Article 22. ----------
Other than. 12.1.1 as required by law or by any competent judicial or regulatory authority or by any recognised investment exchange (as such term is defined in section 285 of FSMA) to whose rules either a Seller (or any member of the Sellers’ Group) or, as the case may be, the Buyer (or any member of the Buyer’s Group) is subject, in which case the provisions of clause 12.2 shall apply; or
12.1.2 those matters set out in the press release in the agreed form; or
12.1.3 announcements, communications or circulars made or sent by or on behalf of the Buyer and/or any other member of the Buyer’s Group after Completion to customers, clients or suppliers of any Group Company, to the extent that it informs them only of the Buyer’s acquisition of the Shares and the Tilda Reporting Group, no announcement or circular in connection with the existence, terms or the subject matter of this Agreement shall be made, issued or permitted by or on behalf of any member of the Sellers’ Group or any member of the Buyer’s Group without the prior written approval of both the Seller and the Buyer.
