Amendment to the Exclusivity AgreementExclusivity Agreement • September 1st, 2006 • Becton Dickinson & Co • Surgical & medical instruments & apparatus • Delaware
Reference is made to the letter agreement, dated August 16, 2006 (the "Original Agreement") between Becton, Dickinson and Company ("BD") and TriPath Imaging, Inc. (the "Company") and the amendment thereof dated August 24, 2006. In light of the ongoing negotiations regarding a possible business combination transaction involving BD and the Company (the "Transaction"), BD and the Company hereby agree that the Termination Date, as defined in the Original Agreement, shall be further revised and extended to 11:59 p.m. (New York City time) on September 8, 2006. The Original Agreement shall remain in full force and effect except for such revision and extension of the Termination Date.
EX-10.7 11 d450396dex107.htm EX-10.7 TRA. 1140-17/N AGREEMENT FOR THE PROCESSING OF MANGO EXPORTS (2016 – 2017 CAMPAIGN)Exclusivity Agreement • May 5th, 2020
Witnesseth hereby the Agreement for the Processing of Mango Exports (2016-2017 Campaign), hereinafter referred to as the “Agreement,” entered into by and between:
AMENDED AND RESTATED EXCLUSIVITY AGREEMENTExclusivity Agreement • October 20th, 2014 • Sientra, Inc. • Orthopedic, prosthetic & surgical appliances & supplies • New York
This Amended and Restated Exclusivity Agreement (Agreement) is entered into as of the Effective Date (defined below) by and between Silimed-Silicone e Instrumental Medico-Cirugico e Hospitalar LTDA, a company organized under the laws of Brazil on behalf of itself and any affiliated, controlled or otherwise related entity or person including, without limitation, any entity controlled or owned at least in part by the officers and partners (stockholders) of Silimed-Silicone e Instrumental Medico-Cirurgico e Hospitalar Ltda. (collectively, (Manufacturer) and Juliet Medical, Inc., a Delaware corporation (Company) as of the Effective Date.
EXCLUSIVITY AGREEMENTExclusivity Agreement • October 2nd, 2023
EXCLUSIVITY AGREEMENTExclusivity Agreement • March 30th, 2004 • Trump Hotels & Casino Resorts Inc • Hotels & motels • Delaware
This EXCLUSIVITY AGREEMENT (this “Agreement”), is entered into, as of January 21, 2004, between Trump Hotels & Casino Resorts, Inc., a Delaware corporation (the “Company”), and DLJ Merchant Banking Partners III, L.P., a Delaware limited partnership (“DLJMB”).
EXCLUSIVITY AGREEMENT January __, 2020Exclusivity Agreement • September 25th, 2018
Clean Power Alliance of Southern California (“CPA”) is pleased to confirm that the offer submitted by __________________, (“Respondent”) for the [Project Name] (“Project”) (the “Offer”) in the recent [Date] CPA Request For Offers (“RFO”) has been placed on the shortlist for further negotiations. If you wish to proceed with negotiations for a power purchase agreement (“PPA”) under the terms and conditions set forth below (the “Exclusivity Agreement”), please countersign where provided below and return it to procurement@cleanpoweralliance.org no later than seven (7) business days after the date set forth above, along with the required items for short-listed Offers, as described in the RFO protocol.
EX-99.(D)(5) 11 dex99d5.htm EXCLUSIVITY AGREEMENT Exhibit (d)(5) EXCLUSIVITY AGREEMENTExclusivity Agreement • May 5th, 2020 • Delaware
This Exclusivity Agreement (the “Agreement”) is made as of September 30, 2010, between General Electric Company (“GE”) and Clarient, Inc. (the “Company”, and together with GE, the “Parties”) with reference to the following background.
Exclusivity AgreementExclusivity Agreement • May 11th, 2011 • Vital Images Inc • Services-prepackaged software • Minnesota
We appreciate the willingness of Vital Images, Inc. (the “Company”) to continue discussions of the terms under which Toshiba Medical Systems Corporation and/or one or more of its subsidiaries (collectively, “TMSC”) would be willing to enter into a strategic business transaction with the Company (the “Potential Transaction”).
EXCLUSIVITY AGREEMENTExclusivity Agreement • April 13th, 2015
ContractExclusivity Agreement • March 13th, 2019 • Pennsylvania
This Exclusivity Agreement (the “Agreement”) is made on the “Effective Date” specified below between Destination Maternity Corporation (the “Buyer”) and the party identified as “Vendor” (including any third party controlling, controlled by, under common control with or otherwise affiliated with Vendor) (individually and collectively, “Vendor”). The terms of this Agreement are in addition to, and not in limitation of, the Company’s standard Purchase Order Terms and Conditions in effect and as modified from time to time by the Buyer at its sole discretion and without notice to Vendor.
EXCLUSIVITY AGREEMENTExclusivity Agreement • October 22nd, 2021 • Pacira BioSciences, Inc. • Pharmaceutical preparations • Delaware
This Exclusivity Agreement (this “Agreement”) is made as of September 25, 2021, between Pacira BioSciences, Inc. (“Pacira”) and Flexion Therapeutics, Inc. (the “Company”, and together with Pacira, the “Parties”).
Portions of this Exhibit have been redacted because they are both (i) not material and (ii) would be competitively harmful if publicly disclosed. Information that was omitted has been noted in this document with a placeholder identified by the mark...Exclusivity Agreement • July 7th, 2021 • LumiraDx LTD • Pharmaceutical preparations • New York
This Exclusivity Agreement (including all exhibits attached hereto is referred to herein, collectively, as this “Agreement”) is entered into as of August 3, 2018, by and between LumiraDx, Inc., a Delaware corporation (“LumiraDx”), and CVS Pharmacy, Inc., a Rhode Island corporation (“CVS”). LumiraDx and CVS are each referred to herein by name or, individually, as a “Party” or, collectively, as the “Parties.”
EXCLUSIVITY AGREEMENTExclusivity Agreement • September 6th, 2016 • Monster Worldwide, Inc. • Services-help supply services • Delaware
EXCLUSIVITY AGREEMENT (this “Agreement”), dated as of July 22, 2016 (the “Agreement Date”), by and between Randstad Holding NV, a corporation organized under the laws of The Netherlands (including its subsidiaries, “Randstad”), and Monster Worldwide, Inc., a Delaware corporation (including its subsidiaries, the “Company”).
EX-99.(D)(4) 13 d268167dex99d4.htm AMENDED AND RESTATED EXCLUSIVITY AGREEMENT Exhibit (d)(4) AMENDED AND RESTATED EXCLUSIVITY AGREEMENTExclusivity Agreement • May 5th, 2020 • Delaware
THIS AMENDED AND RESTATED EXCLUSIVITY AGREEMENT (this “Agreement”), entered into as of November 22, 2011 (the “Agreement Date”), by and between SAP AG, a German corporation (including its subsidiaries, “SAP”), and SuccessFactors, Inc., a Delaware corporation (including its subsidiaries, the “Company”), amends and restates the Exclusivity Agreement entered into by the same parties dated as of November 9, 2011.
EX-99.(D)(3) 12 d268167dex99d3.htm EXCLUSIVITY AGREEMENT Exhibit (d)(3) EXCLUSIVITY AGREEMENTExclusivity Agreement • May 5th, 2020 • Delaware
EXCLUSIVITY AGREEMENT (this “Agreement”), dated as of November 9, 2011 (the “Agreement Date”), by and between SAP AG, a German corporation (including its subsidiaries, “SAP”), and SuccessFactors, Inc., a Delaware corporation (including its subsidiaries, the “Company”).
EXCLUSIVITY AGREEMENTExclusivity Agreement • January 3rd, 2017
EX-99.1 2 dex991.htm EXCLUSIVITY AGREEMENT EXCLUSIVITY AGREEMENTExclusivity Agreement • May 5th, 2020 • Nevada
This EXCLUSIVITY AGREEMENT (this “Agreement”), dated as of June 15, 2006, is entered into by and among International Game Technology, a Nevada corporation (“IGT”), and Venture Catalyst Incorporated, a Utah corporation (the “Company”).
EXCLUSIVITY AGREEMENTExclusivity Agreement • February 16th, 2017
EXCLUSIVITY AGREEMENTExclusivity Agreement • December 27th, 2019 • Sanofi • Pharmaceutical preparations • Delaware
This Exclusivity Agreement (this “Agreement”) is entered into as of December 3, 2019, by and between Synthorx Inc, a Delaware corporation (the “Company”) and Sanofi (with its affiliates, “Counterparty”).
Amendment No. 1 To Amended and Restated Exclusivity AgreementExclusivity Agreement • September 19th, 2014 • Sientra, Inc. • Orthopedic, prosthetic & surgical appliances & supplies • Delaware
This Amendment No. 1 is the first amendment to the Agreement. The Agreement is hereby amended by inserting, immediately after Section 4.1(b), a new section to be titled Section 4.1(c) which reads:
Exclusivity AgreementExclusivity Agreement • February 26th, 2024 • London Adam • Transportation services • Delaware
This Exclusivity Agreement, dated as of January 19, 2024 (this “Agreement”), is made by and between Astra Space, Inc., a Delaware corporation (“Astra” or the “Company”), and Chris Kemp (“Kemp”) and Dr. Adam London (“London” and together with Kemp, the “Potential Acquirors” and the Potential Acquirors and the Company, together, the “parties” and each a “party”).
EXCLUSIVITY AGREEMENTExclusivity Agreement • July 13th, 2016 • Cavium, Inc. • Semiconductors & related devices • Delaware
This Exclusivity Agreement (this “Agreement”) is entered into as of May 27, 2016, by and between Cavium, Inc., a Delaware corporation (“Cavium”) and QLogic Corporation, a Delaware corporation (“QLogic”). Cavium and QLogic are currently in preliminary negotiations related to a possible business combination transaction (the “Potential Transaction”). In recognition of the time and effort that Cavium may expend and the expenses that Cavium may incur in pursuing these negotiations and investigating QLogic’s business, each of Cavium and QLogic, intending to be legally bound, agrees as follows:
MATTSON-MESOCOAT EXCLUSIVITY AGREEMENTExclusivity Agreement • March 6th, 2012 • Abakan, Inc • Coating, engraving & allied services
This Exclusivity Agreement (this “Agreement”) is entered into and effective as of April 7, 2011 (the “Effective Date”) by and between Mattson Technology, Inc., a Delaware corporation have its principal place of business at 47131 Bayside Parkway, Fremont, California 94538 U.S.A. (“Mattson”), and MesoCoat, Inc., a Nevada corporation with its principal place of business at 24112 Rockwell Drive, Euclid, Ohio 44117 U.S.A. (“MesoCoat”).
EXCLUSIVITY AGREEMENTExclusivity Agreement • November 14th, 2006 • Us Energy Corp • Metal mining • Wyoming
THIS EXCLUSIVITY AGREEMENT (“Agreement”) is made as of this 10th day of July, 2006 (the “Effective Date”) by and between U.S. Energy Corp, a Wyoming corporation (“USEG”), Crested Corp., a Colorado corporation (“CBAG” and together with USEG the “Sellers”), and SXR Uranium One Inc., a Canadian corporation (the “Buyer”).
EXCLUSIVITY AGREEMENT AMONG PAUL G. ALLEN JAMES C. FLORES AND JOHN T. RAYMOND Dated as of , 200[3]Exclusivity Agreement • March 2nd, 2004 • Plains Resources Inc • Wholesale-petroleum & petroleum products (no bulk stations) • Delaware
This Exclusivity Agreement (this “Agreement”) is entered into as of the day of , 200[ ], by and among Paul G. Allen, an individual (“Allen”), James C. Flores, an individual (“Flores”), and John T. Raymond, an individual (“Raymond”). Each of Flores and Raymond is sometimes referred to herein as a “Management Stockholder” and collectively, as the “Management Stockholders”, and each of Allen and each Management Stockholder is hereinafter referred to individually as a “Party” and collectively as the “Parties.”
EXCLUSIVITY AGREEMENTExclusivity Agreement • June 27th, 2019
We, “The Client”, hereby give you the authority to act EXCLUSIVELY as our Mortgage Agent / Broker for the purpose of arranging financing with Alta West Mortgage Capital Corporation, know as Alta West
Exclusivity AgreementExclusivity Agreement • October 10th, 2017 • Cleantech Solutions International, Inc., • Special industry machinery (no metalworking machinery) • New York
This Exclusivity Agreement (the “Agreement”), dated as of 9th October 2017, is entered into by and between (i) Sharing Economy Investment Limited (“SEI”), a company incorporated in the British Virgin Islands and a wholly owned subsidiary of Cleantech Solutions International, Inc. (“Cleantech”), a company organised and existing under the laws of the state of Nevada, and (ii) Inspirit Studio Limited, (“Inspirit Studio”), a company incorporated in Hong Kong. SEI and Inspirit Studio are hereinafter referred to as the “Parties” to this Agreement.
Amendment No. 1 to Exclusivity AgreementExclusivity Agreement • September 13th, 2017 • Cleantech Solutions International, Inc., • Special industry machinery (no metalworking machinery) • New York
Reference is made to that Exclusivity Agreement (the “Exclusivity Agreement”), dated as of June 11, 2017, by and between Cleantech Solutions, International, Inc. (“Cleantech”), a company organized and existing under the laws of the state of Nevada, and ECrent Capital Holdings Limited (“ECrent”), a company incorporated in the British Virgin Islailds. Cleantech and ECrent are hereinafter referred to as the “Parties” to this amendment No.1 to Exclusivity Agreement (the “Amendment”).
EXCLUSIVITY AGREEMENTExclusivity Agreement • May 13th, 2011 • Conmed Healthcare Management, Inc. • Services-misc health & allied services, nec • Delaware
This Exclusivity Agreement does not constitute an agreement or understanding between the parties to enter into the Transaction or any other transaction. Levine Leichtman Capital Partners, Inc. and its affiliates, which is a party to a Financing Letter dated May 12, 2011 with Desnick, shall be a third party beneficiary of the provisions of this Exclusivity Agreement. This Exclusivity Agreement shall be governed by Delaware law.
Designates portions of this document have been omitted pursuant to a request for confidential treatment filed separately with the Commission] PURCHASE AND RIGHT OF FIRST PRODUCTION OR EXCLUSIVITY AGREEMENT between ORGANIC BY NATURE, INC. and RICEBRAN...Exclusivity Agreement • June 2nd, 2016 • RiceBran Technologies • Grain mill products • California
This PURCHASE AND RIGHT OF FIRST PRODUCTION OR EXCLUSIVITY AGREEMENT (“Agreement”) is entered into as of May 24, 2016, by and between Organic By Nature, Inc., a California corporation with principal office located at 1495 Seabright Avenue, Long Beach, California 90813 (“Purchaser”) and RiceBran Technologies, a California corporation with principal office located at 6720 N Scottsdale Rd., Suite 390, Scottsdale, Arizona 85253 (“Supplier”) (each, a “Party” and, collectively, the “Parties”) on the following terms and conditions:
EXCLUSIVITY AGREEMENTExclusivity Agreement • September 23rd, 2013
This announcement is made by Peace Map Holding Limited (In Liquidation) (the “Company”) pursuant to Rule 13.09 of the Rules Governing the Listing of Securities on The Stock Exchange of Hong Kong Limited (the “Stock Exchange”) (the “Listing Rules”) and the Inside Information Provisions (as defined in the Listing Rules) under Part XIVA of the Securities and Futures Ordinance (Chapter 571 of the Laws of Hong Kong).
EXCLUSIVITY AGREEMENTExclusivity Agreement • June 9th, 2023
OMPANY NAME], a company incorporated in England and Wales with c [NUMBER] and whose registered office is at [REGISTERED OFFICE AD
EXCLUSIVITY AGREEMENTExclusivity Agreement • October 18th, 2011 • Nicole Crafts LLC • Retail-hobby, toy & game shops • New York
This Exclusivity Agreement (the “Agreement”), dated as of the last date set forth below, is by and among A.C. Moore Arts & Crafts, Inc., a Pennsylvania corporation (the “Company”) and Sbar’s, Inc., a New Jersey corporation (“Sbar’s”).
EXCLUSIVITY AGREEMENTExclusivity Agreement • February 8th, 2018 • Duravant LLC • Special industry machinery (no metalworking machinery) • Delaware
In conjunction with our Final Proposal (the “Final Proposal”) dated as of January 18, 2018, regarding a possible transaction (the “Transaction”) between Key Technology, Inc. (“Key” or the “Company”) and Duravant LLC (“Duravant”), Key agrees to enter into this exclusivity agreement (the “Exclusivity Agreement”) as set forth below for the Exclusivity Period (as defined below).
AMENDMENT TO EXCLUSIVITY AGREEMENTExclusivity Agreement • November 20th, 2022
Referring to the Exclusivity Agreement dated [Date], 202_ between [Target / Seller] and [Buyer] (the “Exclusivity Agreement”), the parties are continuing to consider a Transaction and desire to extend the Exclusivity Period thereunder. In consideration of [Buyer] continuing to pursue such Proposed Transaction, and in recognition of the substantial time, effort and expense [Buyer] will continue to incur in doing so, the Company, intending to be legally bound hereby, agrees to amend the Exclusivity Agreement by deleting the date “[Date], 202_” in [Section [X]] [the [Y] paragraph] thereof and replacing it with “[Date], 202_”.
