Common use of SBDC Approval Clause in Contracts

SBDC Approval. The Parties shall duly and timely notify the transactions contemplated in this Agreement to SBDC, for the purpose of obtaining its approval (“SBDC Approval”). Amyris and USM undertake to promptly provide all information required by the local competition law in connection with the notification referred to herein and therefore will become jointly liable for any failure in doing so. The costs and risks concerning this filing (including the notification fee due to SBDC) will be equally shared among the Parties hereto, i.e. fifty percent (50%) by Amyris and fifty percent (50%) by USM, except for any attorney or consultants fees which USM or Amyris may hire individually to aide it in the notification or monitoring of the notification process. The Parties shall endeavor to use their best efforts to comply with any determinations of SBDC with regard to or arising from the notification to SBDC of the transactions contemplated herein, as well as to mitigate any loss of the Parties resulting from the compliance with such eventual determinations of SBDC. In any circumstances, the closing of the transactions contemplated herein shall not be conditioned upon SBDC Approval.

Appears in 2 contracts

Samples: Joint Venture Agreement (Amyris, Inc.), Joint Venture Agreement (Amyris Biotechnologies Inc)

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SBDC Approval. The Parties shall duly and timely notify the transactions contemplated in by this JV Agreement to the SBDC, for the purpose of obtaining its approval (“SBDC Approval”). Amyris AB and USM CCL undertake to promptly provide all information required by the local competition law in connection with the notification referred to herein and therefore will become jointly liable for any failure in doing so. The costs and risks concerning this filing (including the notification fee due to the SBDC) will be equally shared among the Parties hereto, i.e. fifty percent (50%) by Amyris AB and fifty percent (50%) by USMCCL, except for any attorney or consultants fees which USM CCL or Amyris AB may hire individually to aide it in the notification or monitoring of the notification process. The Parties shall endeavor to use their best efforts to comply with any determinations of SBDC with regard to or arising from the notification to SBDC of the transactions contemplated herein, as well as to mitigate any loss of the Parties resulting from the compliance with such eventual occasional determinations of SBDC. In any circumstances, the closing of the transactions contemplated herein shall not be conditioned upon SBDC Approval.

Appears in 1 contract

Samples: Joint Venture Implementation Agreement (Amyris, Inc.)

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SBDC Approval. The Parties shall duly and timely notify the transactions contemplated in by this JVI Agreement to the SBDC, for the purpose of obtaining its approval (“SBDC Approval”). Amyris AB and USM CCL undertake to promptly provide all information required by the local competition law in connection with the notification referred to herein and therefore will become jointly liable for any failure in doing so. The costs and risks concerning this filing (including the notification fee due to the SBDC) will be equally shared among the Parties hereto, i.e. fifty percent (50%) by Amyris AB and fifty percent (50%) by USMCCL, except for any attorney or consultants fees which USM CCL or Amyris AB may hire individually to aide it in the notification or monitoring of the notification process. The Parties shall endeavor to use their best efforts to comply with any determinations of SBDC with regard to or arising from the notification to SBDC of the transactions contemplated herein, as well as to mitigate any loss of the Parties resulting from the compliance with such eventual occasional determinations of SBDC. In any circumstances, the closing of the transactions contemplated herein shall not be conditioned upon SBDC Approval.

Appears in 1 contract

Samples: Joint Venture Implementation Agreement (Amyris, Inc.)

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