Designation Rights Period definition

Designation Rights Period means, with respect to each Designatable Lease, the period commencing on the Closing Date and ending on the earliest of (i) five (5) Business Days after delivery of the applicable Buyer Rejection Notice, (ii) the date on which an applicable agreement is assumed and assigned to an Assignee, (iii) the date which is sixty (60) days after the Closing Date and (iv) May 3, 2019.

Designation Rights Period means, with respect to any Contract or Lease to be assumed and assigned or rejected pursuant to Section 2.8(c), the period from the Closing Date and ending on the date which is (i) five (5) Business Days after delivery of a notice of rejection by Buyer with respect to such Contract or Lease, or (ii) the date on which such Contract or Lease is assumed and assigned in accordance with this Agreement; provided, that the Designation Rights Period shall end no later than the later of (A) the date on which the Bankruptcy Court enters an order confirming a reorganization or liquidation plan concerning Sellers in the Bankruptcy Cases, and (B) December 31, 2020.

Designation Rights Period means the period commencing on the date of this Agreement and ending upon the earlier of (a) the first time at which the Biotest Stockholder’s Beneficial Ownership of Capital Stock is less than 10% of the Capital Stock issued and outstanding (calculated on an As-Converted and Economic Interest Basis (as defined in Section 3.1(a)(i))) and (b) such time as the Biotest Stockholder elects, in its sole discretion, to waive any of its designation rights pursuant to Section 6.1 or to remove any of the Biotest Designees then in office.

Examples of Designation Rights Period in a sentence

• Following the end of the Designation Rights Period, nothing in the foregoing shall be construed to prevent Sellers from winding down their operations and dissolving their business entities as is determined by Sellers (in their sole discretion) to be in their best interests.

• The Designation Rights shall terminate upon the expiration of the Designation Rights Period.

• Notwithstanding anything to the contrary in this Article V.A, during the OpCo Designation Rights Period, the Debtors may update or correct the OpCo Available Contracts or the Potentially Assigned Contracts Lists (as defined in the Sale Order) after the Effective Date to include any Executory Contract inadvertently excluded from such schedule; provided that the foregoing shall not apply to Unexpired Leases of non-residential real property.

• At any time that is at least ten (10) days prior to the end of the Designation Rights Period, by written notice to Sellers, Buyer may (i) designate any Designated Contract for assumption and assignment to Buyer or its designee by paying the Cure Costs determined pursuant to Section 2.05(f) of this Agreement or (ii) designate any Designated Contract to be an Excluded Contract (an “Excluded Contract Notice”).

• The Debtors and the Buyer agreed to an extension of the Designation Rights Period and, on April 12, 2019, the Debtors filed the Notice of Amendment to Asset Purchase Agreement Extending Certain Deadlines (the “Extension Notice”) (ECF No. 3171), which extended the Designation Rights Period to May 3,2019 for certain Designatable Leases including the Lease and to May 13, 2019 for Additional Contracts.

More Definitions of Designation Rights Period

Designation Rights Period means the period commencing on the Closing Date and ending three (3) months after the Closing Date.

Designation Rights Period means, with respect to any Designation Rights Asset, the period commencing upon the Closing and ending on July 31, 2017; provided that the Designation Rights Period with respect to any Lease of a Designation Rights Property or any Designation Rights Contract shall be deemed terminated (i) five (5) business days after the delivery of a Purchaser Rejection Notice or (ii) the occurrence of the Assignment Date with respect thereto.

Designation Rights Period means, with respect to any Contracts or Leases to be assumed and assigned or rejected pursuant to Section 2.8(c), the period from the Closing Date through the earlier of (i) the date on which the Bankruptcy Court enters an order confirming a reorganization or liquidation plan concerning the Company in the Bankruptcy Cases and (ii) November 30, 2016; provided, that the expiration of the Designation Rights Period may be extended with the consent of Buyer, Sellers and the applicable Designation Counterparty.

Designation Rights Period means, with respect to any Contracts or Leases to be assumed and assigned or rejected pursuant to Section 2.7(c), the period from the Closing Date through the later of (i) the date on which the Bankruptcy Court enters an order confirming a reorganization or liquidation plan concerning the Sellers in the Bankruptcy Cases, and (ii) October 30, 2020; provided, that such date may be extended with respect to any Designated Contract or Designated Lease (a) for up to an additional 180 days beyond October 30, 2020 with the consent of Buyer and the applicable Designation Counterparty and (b) for up to an additional 180 days beyond the expiration of the 180 day extension period set forth in (a) above with the consent of Sellers, Buyer and the applicable Designation Counterparty; provided, further, however, that notwithstanding the forgoing proviso, Buyer and Sellers shall work in good faith to ensure that the Designation Rights Period is extended in a manner that does not delay the Sellers’ intended conclusion of the Bankruptcy Cases including confirmation of a chapter 11 plan under the Bankruptcy Code as expeditiously as practicable.

Designation Rights Period means the period commencing on the date the Sale Order is entered by the Bankruptcy Court and ending sixty days after the Closing Date.

Designation Rights Period means, with respect to any Contracts or Leases to be assumed and assigned or rejected pursuant to Section 2.05, the period from the Closing Date through the earlier of (i) the date on which the Bankruptcy Court enters an order confirming a plan of reorganization or liquidation concerning Sellers in the Chapter 11 Cases, and (ii) January 24, 2024; provided that such date may be extended with respect to any Designated Contract for up to an additional 180 days beyond January 24, 2024 with the consent of Buyer and the applicable counterparty to such Designation Contract; provided further, however, that, notwithstanding the forgoing proviso, Buyer and Sellers shall work in good faith to ensure that the Designation Rights Period is extended in a manner that does not delay Sellers’ intended conclusion of the Chapter 11 Cases and require the Seller’s estate to incur incremental costs (provided that any incremental costs or expenses (i) that arise out of the Sellers’ extension and continuation of the Chapter 11 Cases that is directly attributable to the Buyer’s extension of the Designation Rights Period and (ii) are incurred as a result of the Sellers’ performance of their obligations under this Agreement, in each of the foregoing (i) and (ii) shall be payable by Buyer).

Designation Rights Period means the period through the earlier of (i) the date of the entry of an order by the Bankruptcy Court confirming a chapter 11 plan of Seller, which confirmation shall take place no earlier than seventy (70) days after the Closing Date, or (ii) ninety