Related Provisions and Agreements Sample Clauses

Related Provisions and Agreements. (a) BD hereby appoints SDIX as a non-exclusive distributor of the System in the fifty (50) states of the United States, excluding its territories and possessions, in the SDIX Field, under terms and conditions to be decided between the Parties, which terms and conditions shall be reasonably consistent with BD’s current practices with respect to non-exclusive distribution relationships. (b) The Parties acknowledge and agree that it is the mutual intent of the Parties, at BD’s discretion, to negotiate in good faith a separate written agreement pursuant to which SDIX would appoint BD as a non-exclusive distributor of SDIX’s [***] and [***], in all countries of the world other than the fifty (50) states of the United States and its territories and possessions, such agreement to be effective as soon as practicable following the Effective Date. (c) The Parties acknowledge and agree that it is the mutual intent of the Parties to negotiate in good faith a separate written agreement pursuant to which BD would appoint SDIX as the exclusive distributor of the System in the fifty (50) states of the United States, excluding its territories and possessions, in the SDIX Field, such agreement to be on the earlier of (a) the [***] Acceptance Date and (b) the date that is twelve (12) months after the Effective Date, and comprising terms and conditions as generally outlined on Schedule 2.4.6. (d) The Parties acknowledge and agree that it is the mutual intent of the Parties to negotiate in good faith a separate written agreement pursuant to which BD would manufacture and supply the SDIX media and media components set forth on Schedule 1.1.45 with the exception of the [***], such negotiation to be completed as soon as practicable following the Effective Date.
Sample 1
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Related to Related Provisions and Agreements

  • Void Provisions If any provision of this Agreement, as applied to either party or to any circumstances, shall be found by a court of competent jurisdiction to be unenforceable but would be enforceable if some part were deleted or the period or area of application were reduced, then such provision shall apply with the modification necessary to make it enforceable, and shall in no way affect any other provision of this Agreement or the validity or enforceability of this Agreement.

  • Inconsistencies with Other Documents; Independent Effect of Covenants (a) In the event there is a conflict or inconsistency between this Agreement and any other Loan Document, the terms of this Agreement shall control; provided that, other than for purposes of Article XI, any provision of the other Loan Documents which imposes additional burdens on any Borrower or its Subsidiaries or further restricts the rights of such Borrower or its Subsidiaries or gives the Administrative Agent or any Lender additional rights shall not be deemed to be in conflict or inconsistent with this Agreement and shall be given full force and effect. (b) Each Borrower expressly acknowledges and agrees that each covenant contained in Article VIII, IX, or X hereof shall be given independent effect. Accordingly, no Borrower shall engage in any transaction or other act otherwise permitted under any covenant contained in Article VIII, IX, or X if, before or after giving effect to such transaction or act, such Borrower shall or would be in breach of any other covenant contained in Article VIII, IX, or X.

  • Amendments and Supplements to Permitted Section 5(d) Communications If at any time following the distribution of any Permitted Section 5(d) Communication, there occurred or occurs an event or development as a result of which such Permitted Section 5(d) Communication included or would include an untrue statement of a material fact or omitted or would omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances existing at that subsequent time, not misleading, the Company will promptly notify the Representatives and will promptly amend or supplement, at its own expense, such Permitted Section 5(d) Communication to eliminate or correct such untrue statement or omission.

  • DEFINITIONS AND OTHER PROVISIONS OF GENERAL APPLICATION

  • Definitions and Other Provisions of General Application SECTION 101.

  • Termination; Supplements and Amendments This Agreement shall continue in full force and effect until terminated by a written instrument executed by each of the parties hereto. This Agreement may be supplemented or amended by us by written notice thereof to you, and any such supplement or amendment to this Agreement shall be effective with respect to any Offering to which this Agreement applies after the date of such supplement or amendment. Each reference to "this Agreement" herein shall, as appropriate, be to this Agreement as so amended and supplemented. The terms and conditions set forth in Section 3(c) hereof with regard to any Offering will terminate at the close of business on the 30th day after the commencement of the public offering of the Securities to which such Offering relates, but in our discretion may be extended by us for a further period not exceeding 30 days and in our discretion, whether or not extended, may be terminated at any earlier time.

  • Continuing Effect; No Other Amendments Except as expressly amended or waived hereby, all of the terms and provisions of the Credit Agreement and the other Loan Documents are and shall remain in full force and effect. The amendments and waivers contained herein shall not constitute an amendment or waiver of any other provision of the Credit Agreement or the other Loan Documents or for any purpose except as expressly set forth herein.

  • Controlling Provisions In the event of any inconsistencies between the provisions of this Amendment and the provisions of any other Loan Document, the provisions of this Amendment shall govern and prevail. Except as expressly modified by this Amendment, the Loan Documents shall not be modified and shall remain in full force and effect.

  • Invalid Provisions to Affect No Others If fulfillment of any provision hereof, or any transaction related thereto at the time performance of any such provision shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall be reduced to the limit of such validity; and such clause or provision shall be deemed invalid as though not herein contained, and the remainder of this Agreement shall remain operative in full force and effect.

  • Holders and Owners as Parties; Binding Effect The holders and Owners of Receipts from time to time shall be parties to this Deposit Agreement and shall be bound by all of the terms and conditions hereof and of the Receipts by acceptance thereof.

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