Delay Condition has the meaning set forth in Section 7.2(d).
Delay Condition means (i) the occurrence of a Force Majeure Event, or (ii) Buyer’s breach of its obligations under this Agreement. In no event will any Milestone Date or the Guaranteed Commercial Operation Date be extended, in the aggregate, by more than 120 days pursuant to this Section 7.2(d).
Delay Condition means any of the following conditions: (a) the Company is prohibited from purchasing any Incentive Units by any Financing Document or by Applicable Law; (b) a default has occurred under any Financing Document and is continuing; (c) the purchase of any Incentive Units would, or in the good-faith opinion of the Board could, result in the occurrence of an event of default under any Financing Document or create a condition that would or could, with notice or lapse of time or both, result in such an event of default; or (d) the purchase of any Incentive Units would, in the good-faith opinion of the Board, be imprudent in view of the financial condition of the Company, the anticipated impact of the purchase of such Incentive Units on the Company's ability to meet its obligations under any Financing Document or otherwise in connection with its business and operations.
Examples of Delay Condition in a sentence
Subject to the existence of any Delay Condition, the Company shall pay the Call Purchase Price for the Repurchased Incentive Units by certified or official bank check or by wire transfer of immediately available funds.
Subject to the existence of any Delay Condition, the Company shall pay the Put Purchase Price for the Offered Unrestricted Incentive Units by certified or official bank check or by wire transfer of immediately available funds.
Notwithstanding the foregoing, Ionis’ diligence obligations under this Section 1.8.4(c) (whether for the first or a subsequent IND-Enabling Toxicology Study under a Collaboration Program or for a Collaboration Target) will be tolled for the period during which any IND Delay Condition exists to the same extent as Biogen’s diligence obligations may be extended or tolled under Section 1.8.4(b).
Any Additional Consideration Payment not made on such March 15 date shall be paid (together with interest at an annual rate of LIBOR plus 500 basis points) on the Payment Date in the next calendar month in which the second Delay Condition set forth above is no longer applicable.
In such event, the Corporation shall notify the holders of Preferred Stock in writing as soon as practicable of such Preferred Delay Condition and shall permit such holders of Preferred Stock, within ten (10) days of receipt thereof, to rescind its decision to sell their shares of Preferred Stock to the Corporation pursuant to this Section 7.
More Definitions of Delay Condition
Delay Condition means any of the following conditions: (a) the Company is prohibited from purchasing any Class A Preferred Units by any Financing Document or by Applicable Law; (b) a default has occurred under any Financing Document and is continuing; (c) the purchase of any Class A Preferred Units would, or in the good-faith opinion of the Board could, result in the occurrence of an event of default under any Financing Document or create a condition that would or could, with notice or lapse of time or both, result in such an event of default; or (d) the purchase of any Class A Preferred Units would, in the good-faith opinion of the Board, be imprudent in view of the financial condition of the Company, the anticipated impact of the purchase of such Class A Preferred Units on the Company's ability to meet its obligations under any Financing Document or otherwise in connection with its business and operations. “Disability,” with respect to any Service Provider, has the meaning set forth in any effective Award Agreement, employment agreement or other written contract of engagement entered into between the Company and such Service Provider, or if none, then “Disability” means such Service Provider's incapacity due to physical or mental illness that: (a) shall have prevented such Service Provider from performing his duties for the Company or any of the Company Subsidiaries on a full-time basis for more than ninety (90)] or more consecutive days or an aggregate of [one hundred eighty (180)days in any 365-day period; or (b)(i) the Board determines, in compliance with Applicable Law, is likely to prevent such Service Provider from performing such duties for such period of time and (ii) thirty (30) days have elapsed since delivery to such Service Provider of the determination of the Board and such Service Provider has not resumed such performance (in which case the date of termination in the case of a termination for "Disability" pursuant to this clause (b) shall be deemed to be the last day of such 30-day period).
Delay Condition means any of the following conditions: (a) the Company is prohibited from purchasing any Incentive Units by any Financing Document or by Applicable Law; (b) a default has occurred under any Financing Document and is continuing; (c) the purchase of any Incentive Units would, or in the good-faith opinion of the Board could, result in the occurrence of an event of default under any Financing Document or create a condition that would or could, with notice or lapse of time or both, result in such an event of default; or (d) the purchase of any Incentive Units would, in the good-faith opinion of the Board, be imprudent in view of the financial condition of the Company, the anticipated impact of the purchase of such Incentive Units on the Company’s ability to meet its obligations under any Financing Document or otherwise in connection with its business and operations.
Delay Condition means, with respect to each Company, any of the following: (i) the Company is prohibited from purchasing any Shareholder Stock by any Financing Document or by applicable law; (ii) a default that has occurred under any Financing Document and is continuing; (iii) the purchase of any Shareholder Stock that would, or in the good faith opinion of the applicable Board that could, result in the occurrence of an event of default under any Financing Document or create a condition which would or could, with notice or lapse of time or both, result in such an event of default; or (iv) the purchase of any Shareholder Stock that would, in the good faith opinion of the applicable Board, be imprudent in view of the financial condition of the Company and its Subsidiaries taken as a whole or the anticipated impact of the purchase of such Shareholder Stock on MBOCo’s or any of its Subsidiaries’ ability to meet their obligations under any Financing Document or otherwise.
Delay Condition means any of the following conditions: (a) a default has occurred under any Financing Document and is continuing.
Delay Condition means any of the following conditions:
Delay Condition mean any of the following: (i) the Company is prohibited from purchasing any First Lien Shares by any Financing Document or by Applicable Law; (ii) the purchase of any First Lien Shares would result in the occurrence of an event of default under any Financing Documents; or (iii) the Company and its Subsidiaries are unable to obtain (after using best efforts to obtain) sufficient assets to consummate the purchase of the Put First Lien Shares.
Delay Condition means any of the following conditions: (a) the Company is prohibited from purchasing any Common Units by any Financing Document or by Applicable Law; (b) a default has occurred under any Financing Document and is continuing; (c) the purchase of any Common Units would, or in the good-faith opinion of the Board could, result in the occurrence of an event of default under any Financing Document or create a condition that would or could, with notice or lapse of time or both, result in such an event of default; or (d) the purchase of any Common Units would, in the good-faith opinion of the Board, be imprudent in view of the financial condition of the Company, the anticipated impact of the purchase of such Common Units on the Company’s ability to meet its obligations under any Financing Document or otherwise in connection with its business and operations.