Restructuring Costs. (i) In the event this Agreement is terminated, the Parties will exercise best efforts to plan such termination in advance with the goal of minimizing related costs. With respect to Toshiba employees and SanDisk employees working at the Y5 Facility, (A) in the case of those that are Toshiba employees, Toshiba will use its best efforts to retrain or relocate such individuals to other Toshiba facilities, and (B) in the case of those that are SanDisk employees, SanDisk will use its best efforts to retrain or relocate such individuals to other SanDisk facilities, each to the maximum extent possible.
Restructuring Costs. The Company shall not, and shall not suffer or permit any Subsidiary to, incur Restructuring Costs in excess of the following amounts in the following periods: Period Amount ------ ------ Closing through the end of fiscal year 1998 $65,000,000 Fiscal year 1999 $55,000,000 Fiscal year 2000 $50,000,000 Fiscal Year 2001 $10,000,000 Each fiscal year thereafter $ 5,000,000 provided, however, that if the Company and its Subsidiaries do not incur the full amount of restructuring costs scheduled to be permitted in any such period, the amount not so incurred may be carried over for incurrence in the next period but not after such next period.
Restructuring Costs. Actual and projected cash Restructuring Charges from January 1, 1998 through December 31, 1998 shall not exceed $39 million and the sum of the projected cash Restructuring Charges and non-cash accruals for environmental costs for 1998 and 1999 will not exceed $127 million.
Restructuring Costs. (a) The expense of restructuring NEPOOL ("Restructuring Expense"), including but not limited to (i) software development, hardware and system software costs for implementation of the Tariff and the new market system, (ii) the costs of the formation of the Independent System Operator and related separation costs, (iii) legal and consultant costs related to the amendment of the NEPOOL Agreement (including the Tariff and the proceeding with respect thereto at the Federal Energy Regulatory Commission, and (iv) capital expenditures and capitalized project costs of the Independent System Operator, shall be funded (to the extent not already funded) and amortized according to this Section 19.3.
Restructuring Costs. 73 9.21 Receivables Facility................................................................................ 73 9.22
Restructuring Costs. In the event that Flextronics determines that it is necessary to restructure a legacy System House, then Nortel agrees to reimburse Flextronics for any severance, shut down or other restructuring costs incurred by Flextronics related to any restructuring of any legacy System Houses (“Restructuring Costs”) up to a maximum of [•]; provided that, Flextronics provides Nortel with supporting evidence, in reasonable detail, of the Restructuring Costs in respect of which it is seeking reimbursement. Flextronics and Nortel will work together to mitigate the parties’ exposure to Restructuring Costs, including any exposure to Nortel for Restructuring Costs or similar costs. Nortel may delay the reimbursement of up to [•] of the [•] until Nortel determines that Flextronics has followed a satisfactory mitigation process, which determination Nortel will make no later than [•]. The parties will continue to work together to try to identify alternatives for using the capacity at the legacy System Houses in order to avoid any such restructuring or reorganization.
Restructuring Costs. Subject to the limitations set forth in this Section 5.5, ProMedica shall reimburse the Debtor, promptly upon demand, for all Restructuring Costs paid by the Debtor during the Fee Reimbursement Period. “Restructuring Costs” means all fees, costs and expenses paid by the Debtor to professionals (to the extent either retained by the Debtor or retained by any other Person entitled to reimbursement by the Debtor) during the Fee Reimbursement Period in connection with (i) the Original Plan, (ii) the Amended Plan, (iii) the Bankruptcy Case, or (iv) the restructuring or reorganization of the Debtor. Notwithstanding the foregoing, ProMedica shall not be required by this Section 5.5 to reimburse the Debtor for Restructuring Costs in excess of $2 million per calendar month or, with respect to the calendar month in which the Fee Reimbursement Period ends, to the extent the Fee Reimbursement Period ends on a day other than the last day of such calendar month, a pro rata portion of such amount; provided that, to the extent that the amount of reimbursed Restructuring Costs in any calendar month is less than $2 million, the unused portion may be applied in future calendar months. The “Fee Reimbursement Period” means the period from (and including) May 1, 2018 through (and including) the earlier of (i) the Effective Date (as defined in the Amended Plan) or (ii) the date of termination of this Agreement.
Restructuring Costs. 249 SECTION 20 - INDEPENDENT SYSTEM OPERATOR....................................255
Restructuring Costs. During June of 1998, the company decided to seek a major pharmaceutical partner to market MUSE (alprostadil) in the United States. Expenses of $6.5 million were incurred, primarily associated with the Company's agreement to facilitate the transition of its direct U.S. sales force to ALZA Corporation, as well as terminating the contract sales force agreement with Innovex, and personnel reductions in administration, research and development, clinical and marketing departments. ITEM 2. MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS DESCRIPTION OF BUSINESS VIVUS, Inc. ("VIVUS" or the "Company") is a leader in the development of advanced therapeutic systems for the treatment of erectile dysfunction. Erectile dysfunction, commonly referred to as impotence, is the inability to achieve and maintain an erection of sufficient rigidity for sexual intercourse. The Company's transurethral system for erection is a minimally invasive, easy to use system that delivers pharmacologic agents topically to the urethral lining. In November 1996, the Company obtained marketing clearance by the U.S. Food and Drug Administration (the "FDA") to manufacture and market its first product, MUSE(R) (alprostadil). The Company commenced product shipments to wholesalers in December 1996 and commercially introduced MUSE (alprostadil) in the United States through its direct sales force beginning in January 1997. Furthermore, the Company received FDA clearance in December 1996 for ACTIS(R), an adjustable elastomeric venous flow control device designed for those patients who suffer from xxxx-occlusive dysfunction (commonly referred to as venous leak syndrome). The Company commenced commercial sales of ACTIS in the United States through its direct sales force in July 1997. ACTIS is currently being studied for adjunctive use with MUSE (alprostadil); however, there can be no assurance that such studies will be completed and if completed that such studies will demonstrate that adjunctive use of ACTIS with MUSE (alprostadil) is a safe and effective treatment for erectile dysfunction. The Company has entered into international marketing agreements with Astra AB ("Astra") and Xxxxxxx Pharmaceutica International ("Xxxxxxx") under which Astra and Xxxxxxx will purchase MUSE (alprostadil) for resale in various international markets. In November 1997, the Company obtained regulatory marketing clearance by the Medicines Control Agency ("MCA") to market MUSE (alprosta...
Restructuring Costs. 36 ARTICLE 15 - CONDUCT OF BUSINESS/FURTHER COVENANTS..................................................38
