TIMING OF SALES Sample Clauses

TIMING OF SALES. DJ Pharma agrees that it shall not, by any artifice, or unreasonable action or omission cause sales of any of the Rondec Products, CCA Products or Keftab Products to occur later than they would otherwise have occurred. Such actions or acts of omission may include, without limitation, announcing or implementing changes in the price of the Products in such a way as to delay the filling of orders from one Contract Quarter or Contract Year to the next. If DJ Pharma has taken any such actions or committed any such act of omission then for all purposes of payment of amounts under Section 2 hereof such sales shall be treated as if made during the period they would have been made were it not for the act or omission on the part of DJ Pharma.
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TIMING OF SALES. Horizon agrees that it and its Affiliates shall not, by any action or act of omission cause sales of Products that would have otherwise occurred prior to the end of the fifth anniversary of the Effective Date, to occur after the fifth anniversary of the Effective Date. Such actions or acts of omission may include, without limitation, announcing or implementing changes in the price of Products, or delaying the filling of orders. AHP shall have the right to audit, in accordance with Section 4.5.2 hereof all of Horizon's records reasonably necessary to verify compliance with this Section and if AHP determines that either Horizon or its Affiliates has taken any such actions or committed any such act of omission then, for purposes of the payment of royalties under Section 4.2 hereof, the Net Sales of Product made during the three months after the fifth anniversary of the Effective Date shall be treated as if such sales occurred prior to the fifth anniversary of the Effective Date.
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TIMING OF SALES. A sale of THC PRODUCT for purposes of calculating NET SALES shall be deemed to have occurred at the earlier of invoicing or shipment by INSYS or its AFFILIATES or RELATED PARTIES to its non-AFFILIATE or RELATED PARTY customer.
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TIMING OF SALES. So long as Caraco is promptly performing its obligations pursuant hereto, no less then five (5) Products shall be sold to Caraco by Sun or its affiliates every twelve (12) months commencing on the Closing Date; provided, however, that no determination of a failure to promptly perform may be made until the first anniversary of the Closing Date.
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TIMING OF SALES. The date on which a Member Sale occurs will be determined based upon the date of the underlying sale of the automobile in question as recognized by Supplier’s standard lead to sales-matching processes, rather than the date on which the sale is recognized (as had been the practice of the Parties under the Original Services Agreement), as reasonably determined by Supplier in the ordinary course of its business consistent with past practice. The timing of when any Trade-in or Sale or OEM Sale (each as defined below) occurs will be determined consistent with past practices under the Original Services Agreement.
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TIMING OF SALES. So long as Caraco is promptly performing its obligations pursuant hereto, Sun Global shall deliver to Caraco twenty five (25) Products during the term of this Agreement, with a minimum of four (4) Products to be delivered in each of the first four 12 month periods following the date first above written.
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TIMING OF SALES. The Rights Holders agree to sell or otherwise --------------- transfer Registrable Securities pursuant to a Shelf Registration only during a Trading Window.
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TIMING OF SALES. This PSL Agreement applies only to sales of PSLs that occur prior to the Cut-Off Date, and the proceeds received therefrom (including any interest paid thereon and net of the disbursements described in Article VI) will be included as part of the GWCCA’s Public Contribution and applied to NSP Costs (as will be defined in the Project Development Agreement). All sales of PSLs after the Cut-Off Date will be made by and for the account of StadCo (or its designee), and StadCo will be entitled to the proceeds of such sales. StadCo will indemnify the GWCCA for, among others, any claims made against the GWCCA with respect to XxxxXx’s sale of PSLs after the Cut-Off Date as provided in Section 9.7 herein.
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Related to TIMING OF SALES

  • Timing of Settlement Subject to Section 7(a), any outstanding Restricted Stock Units that became vested on a Vesting Date shall be settled into an equal number of shares of Company Common Stock on a date selected by the Company that is within 30 days following such Vesting Date (each such date, a “Settlement Date”).

  • Timing of Severance Payments Any severance payment to which Employee is entitled under Sections 3(a)(i)(1), 3(a)(i)(2) and 3(a)(i)(5) shall be paid by the Company to the Employee (or to the Employee's successors in interest pursuant to Section 7(b)) in cash and in full, not later than thirty (30) calendar days following the Termination Date, subject to any delay required under Section 9.

  • Monitoring of Servicers (a) The Master Servicer shall be responsible for reporting to the Trustee, the Trust Administrator and the Depositor the compliance by each Servicer with its duties under the related Servicing Agreement. In the review of each Servicer’s activities, the Master Servicer may rely upon an officer’s certificate of the Servicer with regard to such Servicer’s compliance with the terms of its Servicing Agreement. In the event that the Master Servicer, in its judgment, determines that a Servicer should be terminated in accordance with its Servicing Agreement, or that a notice should be sent pursuant to such Servicing Agreement with respect to the occurrence of an event that, unless cured, would constitute grounds for such termination, the Master Servicer shall notify the Depositor, the Trust Administrator and the Trustee thereof and the Master Servicer shall issue such notice or take such other action as it deems appropriate.

  • Form and Timing of Severance Benefits The Severance Benefits described in Sections 3.3(a), 3.3(b), and 3.3(c) herein shall be paid in cash to the Executive in a single lump sum as soon as practicable following the Effective Date of Termination, but in no event beyond thirty (30) days after such date (with the actual payment date during such 30-day period to be determined by the Company in its discretion).

  • Timing of Payments All payments of Expenses (including without limitation Expense Advances) by the Company to the Indemnitee pursuant to this Agreement shall be made to the fullest extent permitted by law as soon as practicable after written demand by Indemnitee therefor is presented to the Company, but in no event later than thirty (30) business days after such written demand by Indemnitee is presented to the Company, except in the case of Expense Advances, which shall be made no later than ten (10) business days after such written demand by Indemnitee is presented to the Company.

  • Monitoring of Servicer (a) The Master Servicer shall be responsible for monitoring the compliance by the Servicer with its duties under this Agreement. In the review of the Servicer’s activities, the Master Servicer may rely upon an Officer’s Certificate of the Servicer with regard to the Servicer’s compliance with the terms of this Agreement. In the event that the Master Servicer, in its judgment, determines that the Servicer should be terminated in accordance with the terms hereof, or that a notice should be sent pursuant to the terms hereof with respect to the occurrence of an event that, unless cured, would constitute a Servicer Event of Default, the Master Servicer shall notify the Servicer, the Seller and the Indenture Trustee thereof and the Master Servicer shall issue such notice or take such other action as it deems appropriate.

  • Timing of Payment Notwithstanding anything herein to the contrary, if the date on which any payment is to be made pursuant to this Indenture or the Notes is not a Business Day, the payment otherwise payable on such date shall be payable on the next succeeding Business Day with the same force and effect as if made on such scheduled date and (provided such payment is made on such succeeding Business Day) no interest shall accrue on the amount of such payment from and after such scheduled date to the time of such payment on such next succeeding Business Day and the amount of any such payment that is an interest payment will reflect accrual only through the original payment date and not through the next succeeding Business Day.

  • Timing of Distribution The Company will distribute to the Participant (or to the Participant’s estate in the event of the death of the Participant occurring after a vesting date but before distribution of the corresponding Shares), as soon as administratively practicable after each vesting date, the Shares represented by RSUs that vested on such vesting date.

  • Timing of Distributions (a) Subject to the applicable provisions of the Delaware Act and except as otherwise provided herein, the Managing Member shall pay distributions to the Members associated with such Series pursuant to Section 7.1, at such times as the Managing Member shall reasonably determine, and pursuant to Section 7.2, as soon as reasonably practicable after the relevant amounts have been received by the Series; provided that, the Managing Member shall not be obliged to make any distribution pursuant to this Section (i) unless there are sufficient amounts available for such distribution or (ii) which, in the reasonable opinion of the Managing Member, would or might leave the Company or such Series with insufficient funds to meet any future contemplated obligations or contingencies including to meet any Operating Expenses and outstanding Operating Expenses Reimbursement Obligations (and the Managing Member is hereby authorized to retain any amounts within the Company to create a reserve to meet any such obligations or contingencies), or which otherwise may result in the Company or such Series having unreasonably small capital for the Company or such Series to continue its business as a going concern. Subject to the terms of any Series Designation (including, without limitation, the preferential rights, if any, of holders of any other class of Interests of the applicable Series), distributions shall be paid to the holders of the Interests of a Series on an equal per Interest basis as of the Record Date selected by the Managing Member. Notwithstanding any provision to the contrary contained in this Agreement, the Company shall not be required to make a distribution to any Member on account of its interest in any Series if such distribution would violate the Delaware Act or other applicable law.

  • Form and Timing of Payment (a) Subject to Section 5 of this Agreement and provided that the Participant has satisfied the vesting requirements of Section 2 or 3 of this Agreement, on each Vesting Date, as applicable, the mPRSUs shall automatically be converted into unrestricted Shares. Such Shares will be issued to the Participant (as evidenced by the appropriate entry in the books of the Company or a duly authorized transfer agent of the Company) on the applicable Vesting Date (or as soon as practicable), but in any event, within the period ending on the later to occur of the date that is 2 ½ months after the end of (i) the Participant’s tax year that includes the applicable Vesting Date, or (ii) the Company’s tax year that includes the applicable Vesting Date.

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