REPORTS BY XXXXXX Sample Clauses

REPORTS BY XXXXXX. Within forty-five (45) days from the end of each calendar quarter starting with the first calendar quarter for which the Parties have budgeted expenditures under Article 4, Xxxxxx shall deliver to SuperGen a true and accurate written report showing whichever of the following are applicable for such calendar quarter: (a) the Xxxxxx Net Sales and Net Units of Product Sold in: (i) the U.S. Territory and (ii) the International Territory (each in the aggregate and on a country-by-country basis; (b) the Xxxxxx Distribution Margin (including the Xxxxxx Cost of Goods and the Xxxxxx Distribution Expenses used to arrive at the Xxxxxx Distribution Margin from the Xxxxxx Net Sales) for the U.S. Territory; and (c) the Xxxxxx Operating Margin (including the Xxxxxx SG&A used to arrive at the Xxxxxx Operating Margin from the Xxxxxx Distribution Margin) for the U.S. Territory.
Sample 1Sample 2
AutoNDA by SimpleDocs
REPORTS BY XXXXXX. Within thirty (30) days from the end of each calendar quarter starting with the first calendar quarter for which the Parties have budgeted expenditures under Article 4, or as otherwise necessary, Xxxxxx shall deliver to Triangle a true and accurate written report showing whichever of the following are applicable for such calendar quarter: (a) the Xxxxxx Net Sales and Net Units of Product Sold in: (i) the U.S. Territory; and (ii) the International Territory (each in the aggregate and on a Product-by-Product, country-by-country basis), a summary of Xxxxxx xxxxx sales of and discounts from the Products in the U.S. Territory, and any changes in the WAC for the U.S. Territory; *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission. (b) the Xxxxxx Distribution Margin (including the Xxxxxx Cost of Goods and the Xxxxxx Distribution Expenses used to arrive at the Xxxxxx Distribution Margin from the Xxxxxx Net Sales) for: (i) the U.S. Territory; and (ii) the International Territory; (c) the Xxxxxx Operating Margin (including the Xxxxxx SG&A used to arrive at the Xxxxxx Operating Margin from the Xxxxxx Distribution Margin) for: (i) the U.S. Territory; and (ii) the International Territory; (d) any updated information regarding Xxxxxx Net Sales, Xxxxxx Distribution Margin and Xxxxxx Operating Margin for any prior calendar quarter(s); (e) the exchange rates, if any, used in determining the amount of Dollars calculated pursuant to Section 7.3; (f) any such other information reasonably required by Triangle to comply with its reporting obligations under the Triangle License Agreements; and (g) A report in electronic format showing the number of Details performed by Xxxxxx in the U.S. Territory, broken down by Xxxxxx product Detail codes and by Physicians (including the physician name, address, AMA Education Number and AMA specialty), during such calendar quarter and such calendar year to date, the date of such presentation, and a flag indicating whether such presentation was a Primary Detail or a Secondary Detail. The Divisional Vice President, Controller for the Pharmaceutical Products Division of Xxxxxx and the Divisional Vice President, Controller of the International Division of Xxxxxx shall jointly certify in writing the correctness and completeness of each report submitted by Xxxxxx pursuant to this Section 6.1. In addition, Xxxxxx'x independent auditors shall, at the end of each calendar ...
Sample 1
REPORTS BY XXXXXX. Within forty-five (45) days from the end of each calendar quarter starting with the first calendar quarter for which the Parties have budgeted expenditures under Article 4, Xxxxxx shall deliver to SuperGen a true and accurate written report showing whichever of the following are applicable for such calendar quarter: (a) the Xxxxxx Net Sales and Net Units of Product Sold in: (i) the U.S. Territory and (ii) the International Territory (each in the aggregate and on a country-by-country basis; (b) the Xxxxxx Distribution Margin (including the [__________________________]) for the U.S. Territory; and (c) the Xxxxxx Operating Margin (including the [__________________________]) for the U.S. Territory.
Sample 1

Related to REPORTS BY XXXXXX

  • Reports by Company (1) The Company, in accordance with Section 314(a) of the Trust Indenture Act, will: (a) file with the Trustee, within 15 days after the Company files the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) that the Company may be required to file with the Commission in accordance with Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports in accordance with either of said Sections, then it will file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports that may be required in accordance with Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations; (b) file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such additional certificates, information, documents and reports with respect to compliance by the Company, with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and (c) transmit to the Holders within 30 days after the filing thereof with the Trustee, in the manner and to the extent provided in Section 313(c) of the Trust Indenture Act, such summaries of any information, documents and reports required to be filed by the Company in accordance with paragraphs (1) and (2) of this Section as may be required by rules and regulations prescribed from time to time by the Commission. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such will not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). (2) The Company intends to file the reports referred to in Section 6.04(1) with the Commission in electronic form in accordance with Regulation S-T of the Commission using the Commission’s Electronic Data Gathering, Analysis and Retrieval system. Compliance with the foregoing, or any successor electronic system approved by the Commission, will constitute delivery by the Company of such reports to the Trustee and Holders in compliance with the provision of Section 6.04(1) and Trust Indenture Act Section 314(a). Notwithstanding anything to the contrary herein, the Trustee will have no duty to search for or obtain any electronic or other filings that the Company makes with the Commission, regardless of whether such filings are periodic, supplemental or otherwise. Delivery of the reports, information and documents to the Trustee in accordance with this Section 6.04(2) will be solely for the purposes of compliance with Section 6.04(1) and with Trust Indenture Act Section 314(a). The Trustee’s receipt of such reports, information and documents (whether or not filed in electronic form) is for informational purposes only and the Trustee’s receipt of such will not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Trustee shall have no liability or responsibility for the filing, content or timelines of any report hereunder aside from any report transmitted under Section 6.03 hereof.

  • Reports by Issuer (a) The Issuer shall: (i) file with the Indenture Trustee, within fifteen (15) days after the Issuer is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) that the Issuer may be required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act; (ii) file with the Indenture Trustee and the Commission in accordance with the rules and regulations prescribed from time to time by the Commission such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and (iii) supply to the Indenture Trustee (and the Indenture Trustee shall transmit by mail to all Noteholders described in TIA Section 313(c)) such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (i) and (ii) of this Section (a) and by the rules and regulations prescribed from time to time by the Commission. (b) Unless the Issuer otherwise determines, the fiscal year of the Issuer shall correspond to the Trust Fiscal Year.

  • Reports by Trustee The Trustee shall transmit to Holders such reports concerning the Trustee and its actions under this Indenture as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each stock exchange upon which any Securities are listed, with the Commission and with the Company. The Company will notify the Trustee when any Securities are listed on any stock exchange.

  • Reports by the Company (a) The Company will at all times comply with Section 314(a) of the Trust Indenture Act. The Company covenants and agrees to provide (which delivery may be via electronic mail) to the Trustee within 30 days, after the Company files the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) that the Company is required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; provided, however, the Company shall not be required to deliver to the Trustee any correspondence filed with the Commission or any materials for which the Company has sought and received confidential treatment by the Commission; and provided further, that so long as such filings by the Company are available on the Commission’s Electronic Data Gathering, Analysis and Retrieval System (XXXXX), or any successor system, such filings shall be deemed to have been filed with the Trustee for purposes hereof without any further action required by the Company. For the avoidance of doubt, a failure by the Company to file annual reports, information and other reports with the Commission within the time period prescribed thereof by the Commission shall not be deemed a breach of this Section 5.03. (b) Delivery of reports, information and documents to the Trustee under Section 5.03 is for informational purposes only and the information and the Trustee’s receipt of the foregoing shall not constitute constructive notice of any information contained therein, or determinable from information contained therein including the Company’s compliance with any of their covenants thereunder (as to which the Trustee is entitled to rely exclusively on an Officer’s Certificate). The Trustee is under no duty to examine any such reports, information or documents delivered to the Trustee or filed with the Commission via XXXXX to ensure compliance with the provision of this Indenture or to ascertain the correctness or otherwise of the information or the statements contained therein. The Trustee shall have no responsibility or duty whatsoever to ascertain or determine whether the above referenced filings with the Commission on XXXXX (or any successor system) has occurred.

  • Holders Lists and Reports by Trustee 25 Section 6.01. Company to Furnish Trustee Names and Addresses of Holders............................25 Section 6.02. Preservation of Information; Communications to Holders...............................26

  • Reports by Trustee to the Holders As promptly as practicable after each June 30 beginning with the June 30 following the date of this Indenture, and in any event prior to August 30 in each year, the Trustee shall send to each Holder a brief report dated as of such June 30 that complies with Section 313(a) of the TIA if and to the extent required thereby. The Trustee shall also comply with Section 313(b) of the TIA. A copy of each report at the time of its mailing to the Holders shall be filed with the SEC and each stock exchange (if any) on which the Securities are listed. The Issuer agrees to notify promptly the Trustee in writing whenever the Securities become listed on any stock exchange and of any delisting thereof.

  • HOLDERS' LISTS AND REPORTS BY TRUSTEE AND COMPANY Section 7.01 Company to Furnish Trustee Names and Addresses of Holders...41 Section 7.02 Preservation of Information; Communications to Holders......42 Section 7.03 Reports by Trustee..........................................42 Section 7.04 Reports by Company..........................................42 Section 7.05 Holders' Meetings...........................................43 ARTICLE VIII.

  • Reports by Custodian The Custodian will supply to the Fund from time to time, as mutually agreed upon, statements in respect of the securities and other assets of the Fund held by foreign sub-custodians, including but not limited to an identification of entities having possession of the Fund's securities and other assets and advices or notifications of any transfers of securities to or from each custodial account maintained by a foreign banking institution for the Custodian on behalf of the Fund indicating, as to securities acquired for the Fund, the identity of the entity having physical possession of such securities.

  • Reports by Trustee to Holders Within 60 days after each May 15 beginning with the May 15 following the date of this Indenture, the Trustee shall mail to each Securityholder a brief report dated as of such May 15 that complies with TIA Section 313(a), if required by such Section 313(a). The Trustee also shall comply with TIA Section 313(b). A copy of each report at the time of its mailing to Securityholders shall be filed with the SEC and each securities exchange, if any, on which the Securities are listed. The Company agrees to notify the Trustee promptly whenever the Securities become listed on any securities exchange and of any delisting thereof.

  • Other Reports by Custodian As the Trust may reasonably request from time to time, the Custodian shall provide the Trust with reports on the internal accounting controls and procedures for safeguarding Securities which are employed by the Custodian or any Sub-Custodian.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!