Cap Date definition

Cap Date has the meaning set forth in Section 3.3.5.

Cap Date has the meaning set forth in Section 8(a) hereof.

Cap Date means the date on which the sum of all Royalties received by the Purchaser (determined net of any Indemnified Tax withheld in respect of any applicable payments) under the Counterparty License Agreement or this Agreement from and after the Closing Date meets or exceeds the then-applicable Cap Amount, provided, however, that if the Cap Date has not been achieved by June 30, 2025, there shall be no Cap Date, and the term of this Agreement shall continue through the term of the Counterparty License Agreement.

Examples of Cap Date in a sentence

• This Agreement shall terminate on the earlier to occur of (x) the Cap Date and (y) the Final Termination Date; provided that the foregoing release and termination shall not apply to any obligations that, pursuant to Section 11 hereof, expressly survive the termination of this Agreement, repayment of the Guaranteed Obligations or termination of the Aggregate Commitments.

• This Warrant shall be exercisable, in whole or in part, on and after the earlier of (i) the Performance Incentive Determination Date, (ii) the Change in Control Exercise Time, and (iii) the Qualified Market Cap Date each as defined below, and prior to the Expiration Date (each referred to as an “Exercise Event”).

• As the basis for our determination, we considered, in accordance with the relevant accounting guidance, our right to the Reversion, if any, and our right to terminate the HCR Agreement by making payment to achieve the Cap Date.

• Prior to June 30, 2025, we shall have the right, but not the obligation, at any time prior to the Cap Date, if applicable, to cause the occurrence of the Cap Date (including for the purpose of determining the termination date of the HCR Agreement) by paying to HCR an amount equal to (i) the then-applicable Cap Amount less (ii) 100% of all payments made in respect of the Purchased Assets received by HCR through the date of such payment.

• In addition to the Cap Date, the HCR Agreement (a) may be terminated by mutual agreement of us and HCR, and(b) shall automatically terminate upon the expiration of our and Secura Bio’s obligations to each other under the Secura Bio Agreement (for a reason other than early termination thereof).We recognized the proceeds received from HCR as a liability that is being amortized using the effective interest method over the life of the arrangement.

More Definitions of Cap Date

Cap Date means the first date on which the Total Net Amount as of such date equals or exceeds the Cap Amount. For purposes of determining the Cap Date (and calculating the Total Net Amount):

Cap Date means, the first date during the Term on which the Total Net Payments as of such date equals or exceeds the Cap Amount.

Cap Date means the date on which the sum of all Royalty Interest Payments (determined net of the excess of (a) any Subsequent Withholding Tax in respect of the applicable payments, subject to Section 5.13, over (b) the amount of any tax benefit, offset or credit to Buyer as a result of such Subsequent Withholding Tax) received by Buyer under the License Agreement or this Agreement from and after the Execution Date, subject to Section 2.02(e), meets or exceeds the Cap Amount.

Cap Date means the earlier of such date as corrective action plans have been approved for all of the AGLC Lead Sites or June 30, 2001. As used herein, "Change of Control of ThermoRetec" shall mean: (i) a consolidation or merger of ThermoRetec or any of its parent companies with or into any entity wherein ThermoRetec or such parent company, as the case may be, is not the surviving entity (other than a merger or consolidation with or into an Affiliated Company (as defined below)), (ii) a sale, transfer or other disposition of all or substantially all of the assets of ThermoRetec or any of its parent companies, other than to an Affiliated Company (such transferee (other than an Affiliated Company) to be thereafter treated as if it were ThermoRetec for purposes of this Section), or (iii) the acquisition (in any manner) by any person or entity, or group of persons or entities acting in concert, of beneficial ownership of 50% or more of the outstanding voting securities of ThermoRetec or any of its parent companies, as a result of which more than a majority of the voting shares of ThermoRetec or such parent company are no longer held by an Affiliated Company; provided, however, that notwithstanding the foregoing, a Change of Control of ThermoRetec shall not mean (x) a "change of control" (as defined below) of any person or entity that at one time was an Affiliated Company but at the time of such change of control is no longer an Affiliated Company, (y) the consolidation or merger of one of ThermoRetec's parent companies, or the sale, transfer, or other disposition of the assets of one of its parent companies or the acquisition of 50% or more of the outstanding voting securities of one of its parent companies, in each case when 50% or more of the outstanding voting securities of ThermoRetec continue to be owned, directly or indirectly, by a person or entity who was an Affiliated Company prior to the transaction described in this clause (y), and (z) a

Cap Date means the last day of the month in which the aggregate Reinsured Deposits is equal to or greater than [REDACTED], provided the aggregate Reinsured Deposits at such time do not exceed [REDACTED]. In the event such Reinsured Deposits exceed [REDACTED], then the Cap Date shall be the last day of the prior month in which the aggregate Reinsured Deposits exceeded [REDACTED].

Cap Date means the date on which the sum of all Royalties received by the Purchaser (determined net of any Indemnified Tax withheld in respect of any applicable payments) under the Counterparty License Agreement or this Agreement from and after the Closing Date meets or exceeds the then-applicable Cap Amount, provided, however, that if the Cap Date has not been achieved by

Cap Date means the date on which the aggregate Deposits under Base Annuities to which the Riders reinsured hereunder relate exceed [REDACTED].