Examples of Amended JDOA in a sentence
Notwithstanding anything contained in this Amended JDOA to the contrary, approval of Elan's designee and Generex's designee to the Management Committee shall be required for the matters set forth on Schedule 3.
There are no agreements or understandings with respect to the subject matter hereof, either oral or written, between the Parties other than as set forth in this Amended JDOA and the Definitive Documents and the Newco Bye-laws.
Newco did not conduct any business or incurred any liabilities or obligations prior to the Closing Date, except solely in connection with its organization and formation and has not conducted any business or incurred any liabilities or obligations since the Closing Date except in the ordinary course of business, as contemplated by the Original JDOA and this Amended JDOA.
Neither the Original JDOA nor this Amended JDOA contains any untrue statement of a material fact or omits to state any material fact necessary to make the statements contained herein or therein not misleading.
In the event of a conflict between the provisions of this Amended Generex License Agreement and the provisions of the Amended JDOA, the terms of the Amended JDOA shall prevail unless this Amended Generex License Agreement specifically provides otherwise.
No waiver of any right under this Amended JDOA shall be deemed effective unless contained in a written document signed by the Party charged with such waiver, and no waiver of any breach or failure to perform shall be deemed to be a waiver of any future breach or failure to perform or of any other right arising under this Amended JDOA.
Except as otherwise provided in Section 9 of the Generex Securities Agreement, this Amended JDOA (including the Schedules attached hereto) and the Definitive Documents set forth all of the agreements and understandings between the Parties with respect to the subject matter hereof, and supersede all prior agreements and understandings between the Parties with respect to the subject matter hereof.
Nothing contained in this Amended JDOA is intended or is to be construed to constitute Elan or EIS and Generex as partners, or Elan or EIS as an employee or agent of Generex, or Generex as an employee or agent of Elan or EIS.
In the event of any ambiguity or conflict arising between the terms of this Amended JDOA and those of the Newco Bye-Laws, the terms of this Amended JDOA shall prevail except with respect to the rights and obligations attaching to the Common Shares and the Preference Shares, where the Newco Bye-Laws shall prevail.
Such Shareholder had on the Closing Date and has full legal right, power and authority to enter into the Original JDOA and this Amended JDOA, respectively, and to perform its obligations hereunder and thereunder, which have been duly authorized by all requisite corporate action.