Von Borstel Applications Sample Clauses

Von Borstel Applications. 3.2.1 If the Patent Arbitrator determines no Regents Inventor or Third Party Inventor is an inventor on even a single claim in the von Borstel Applications, then (a) Wellstat will be the sole owner of the von Borstel Applications and (b) Patent Prosecution of the von Borstel Applications shall be controlled by Wellstat at its sole cost and expense.
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Von Borstel Applications. 3.3.1 If the Patent Arbitrator concludes that (a) Regents Inventor and/or a Third Party Inventor is an inventor on one or more of the claims in the von Borstel Applications and (b) a Wellstat inventor is an inventor on one or more of the claims of such application, then the claims in the von Borstel Applications will be included in the Amended Repligen Licenses, except to the extent that such claims cover the use of Acylated Pyrimidines in weight percentages greater that a Permitted Impurity as defined in the Amended Repligen Licenses during the period prior to termination of the Regents/Wellstat License Agreement. Subject to the following sentences of this Section 3.3.1, in such case, prosecution of the von Borstel Application shall continue to be controlled by Wellstat and all costs of Patent Prosecution of the von Borstel Applications and the patents resulting there from (including attorneys’ fees) incurred after the date of the Patent Arbitrator’s determination shall be shared as set forth in Section 3.4.3. If the Patent Arbitrator determines that Regents Inventor(s) and/or Third Party Inventor(s) are the only inventor(s) on any of the claims in the von Borstel Applications that are to be jointly owned by the Regents and Wellstat pursuant to the Regents/Wellstat Settlement Agreement, then to the extent reasonably practicable, such claims shall be separated into one or more continuation * CONFIDENTIAL TREATMENT REQUESTED applications. Regardless of whether such claims are so separated, notwithstanding this Section 3.3.1, the prosecution of all such claims shall be controlled by the Regents and all costs (including attorneys’ fees) of Patent Prosecution of such claims and continuation applications (and patents issuing therefrom) incurred after the date of the Patent Arbitrator’s determination shall be shared as set forth in Section 3.4.3.
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Related to Von Borstel Applications

  • L/C Applications The Company shall execute and deliver to the Issuing Lender the Master Letter of Credit Agreement from time to time in effect. The Company shall give notice to the Administrative Agent and the Issuing Lender of the proposed issuance of each Letter of Credit on a Business Day which is at least three Business Days (or such lesser number of days as the Administrative Agent and the Issuing Lender shall agree in any particular instance in their sole discretion) prior to the proposed date of issuance of such Letter of Credit. Each such notice shall be accompanied by an L/C Application, duly executed by the Company and in all respects satisfactory to the Administrative Agent and the Issuing Lender, together with such other documentation as the Administrative Agent or the Issuing Lender may request in support thereof, it being understood that each L/C Application shall specify, among other things, the date on which the proposed Letter of Credit is to be issued, the expiration date of such Letter of Credit (which shall not be later than the scheduled Termination Date (unless such Letter of Credit is Cash Collateralized)) and whether such Letter of Credit is to be transferable in whole or in part. Any Letter of Credit outstanding after the scheduled Termination Date which is Cash Collateralized for the benefit of the Issuing Lender shall be the sole responsibility of the Issuing Lender. So long as the Issuing Lender has not received written notice that the conditions precedent set forth in Section 12 with respect to the issuance of such Letter of Credit have not been satisfied, the Issuing Lender shall issue such Letter of Credit on the requested issuance date. The Issuing Lender shall promptly advise the Administrative Agent of the issuance of each Letter of Credit and of any amendment thereto, extension thereof or event or circumstance changing the amount available for drawing thereunder. In the event of any inconsistency between the terms of the Master Letter of Credit Agreement, any L/C Application and the terms of this Agreement, the terms of this Agreement shall control.

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