Examples of Buyback Right in a sentence
If neither the Conversion Right nor Buy-back Right are exercised, a Joint Venture arrangement will be formed between the parties to develop the properties.
If MacDonald does not elect to exercise its conversion right, the Company can elect to buy back MacDonalds 25% interest for $3 million (the Buy-back Right), payable in cash or shares at the option of the Company.
Although the Debtors will use commercially reasonable efforts to give notice to a Buyback Participant of any defect or irregularity identified in connection with such Buyback Participant’s purported exercise of a Buyback Right before the Election Expiration Deadline, none of the Debtors nor any of their respective officers, directors, employees, agents, or advisors, including Prime Clerk, will have any obligation to provide, or will incur any liability for failing to provide, any such notice.
The Debtors, with the consent of the Second Priority Noteholders Committee, the Unsecured Creditors Committee, and CEC and in consultation with the Buyback Certification Parties, will address in good faith any disputes concerning the timeliness, viability, form, or eligibility of any exercise of any Buyback Right, and resulting determinations with respect thereto, if any, will be final and binding.
The closing of such Buyback Event shall occur no later than the later of (x) 60 days following the receipt of any regulatory approvals required in connection with such Buyback Right and (y) 60 days following the delivery of a Buyback Notice.
In the event that Novartis exercises the Buyback Right with respect to a Compound after the First Patient First Visit in a Phase II Clinical Trial for such Compound, then Novartis or its Affiliates shall pay to Evotec (i) [***] (ii) [***] (if any) that would have been paid with respect to such Compound pursuant to Section 5.2 but for Evotec’s exercise of the Development Option for such Compound, each within sixty (60) calendar days after the receipt by Novartis of Evotec’s Invoice for the same.
Except as otherwise set forth in these Buyback Election Procedures, Buyback Participants that fail to properly exercise the Buyback Rights and timely submit their respective Buyback Election Forms, or tender their Notes, as applicable, will be deemed to have irrevocably relinquished and waived all rights to exercise any Buyback Right.
For purposes of clarity, the Buyback Right may be exercised by Novartis any number of times, depending upon the number of Compounds that become eligible pursuant to the above criteria, but only once per eligible Compound.
This Royalty Buyback Right was indirectly assigned to Sandstorm Gold Ltd.
The Buyback Right shall apply to a Compound beginning on the date that Evotec exercises the Development Option for such Compound, and shall expire ninety (90) calendar days after Novartis receives the notice required under Section 4.4(a) for such Compound.