More Favorable definition

More Favorable means, with respect to a Third Party proposal for a License (including the terms and conditions set forth in the Third Party Term Sheet), compared to a License agreement with BMS under the terms and conditions set forth in the Last Alder Term Sheet, that the Third Party proposal taken as a whole is more favorable to Alder than such License with BMS, [***]. [***], or after BMS affirmatively declines to pursue a License or fails to timely notify Alder of BMS’ election to pursue a License. [***] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, IS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED. Exhibit F Adverse Event Reporting Procedures Until An SDEA Can Be Signed Each Party shall notify the other Party as soon as practicable, but not later than [***] after it receives information about the initiation of any investigation, review or inquiry by any Regulatory Authority concerning the safety of a Product. Individual Case Safety Reports (ICSRs) and pregnancy reports which come to the attention of either Party shall be notified to the other Party, in English, in accordance with the time frames, formats, and method listed below. No source documents shall be exchanged. Each report shall be transmitted to the appropriate contact as set forth below.
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More Favorable means a purchase price that is less than ninety-five percent (95%) of the purchase price described in Landlord’s FMV. If Tenant fails to respond in writing to Landlord within the Forty-Five Day Period, then Tenant will be deemed to have sent to Landlord a Tenant Waiver Notice on the final day of such Forty-Five Day Period. If Tenant delivers a Tenant Waiver Notice to Landlord or is deemed to have sent a Tenant Waiver Notice to Landlord, but Landlord does not Sell the Project within one (1) year following Landlord’s receipt of the Tenant Waiver Notice (or deemed receipt of such notice), then prior to Selling the Project, Landlord shall again deliver to Tenant a Purchase Notice in accordance with the terms and provisions set forth above, and Tenant shall again have the right to either deliver a Tenant Acceptance Notice or a Tenant Waiver Notice with the Forty-Five Day Period as set forth above. Notwithstanding the foregoing to the contrary, in the event Tenant delivers or is deemed to have delivered a Tenant Waiver Notice to Landlord, and Landlord thereafter Sells the Project, then, as of the date that the sale is consummated, this Addendum Seven shall be deemed automatically terminated and null and void and of no further force and effect. Accordingly, this Addendum Seven (Right of First Offer to Purchase) shall not encumber or affect the title to any third party purchasing the Project. Tenant hereby agrees to sign any commercially reasonable affidavit or document required by the title company issuing a title policy in the sale to the third party in order for the title company to deliver a title policy clear of any reference to this Right of First Offer to Purchase.
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More Favorable means with respect to Section 2.9, that [***].
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Examples of More Favorable in a sentence

  • Such writing shall include a verbatim statement of such More Favorable Provision.

  • Such More Favorable Provision shall be automatically incorporated by reference into this Agreement as if set forth fully herein, mutatis mutandis, effective as of the date when such More Favorable Provision became effective under such Third Lien Credit Agreement (each such More Favorable Provision as incorporated herein is herein referred to as an “Incorporated Provision”).

  • Thereupon, and in any event within thirty (30) days following the date of notice by Agent to the Company, Company and the Banks shall enter into an amendment to this Agreement incorporating, on terms and conditions acceptable to the Majority Banks, the More Favorable Terms.

  • No amendment, other modification, termination or expiration of any More Favorable Provision shall alter or otherwise affect such provision as incorporated herein, except that any modification which makes such provision become more favorable to the applicable lender shall be incorporated herein in addition to (and not in lieu of) the provisions which it replaces.

  • If the Majority Banks determine in their sole discretion that some or all of the financial covenants set forth in such agreement are more favorable to the lender thereunder than the financial covenants set forth in this Agreement ("More Favorable Terms") and that the Majority Banks desire that this Agreement be amended to incorporate the More Favorable Terms, then the Agent shall give written notice of such determination to the Company.

  • Thereafter, such More Favorable Provision may only be amended in accordance with the provisions of the Note Agreement.

  • Unless waived in writing by the Required Holders within 15 days after each holder’s receipt of such notice, such More Favorable Covenant shall be deemed automatically incorporated by reference into Section 10 of this Agreement, mutatis mutandis, as if set forth in full herein, effective as of the date when such More Favorable Covenant shall have become effective under such Material Credit Facility.

  • Unless waived in writing by the Required Holders within 15 days after each holder’s receipt of such notice, such More Favorable Covenant shall be deemed automatically incorporated by reference into Section 9 of this Agreement, mutatis mutandis, as if set forth in full herein, effective as of the date when such More Favorable Covenant shall have become effective under such Material Credit Facility.

  • The Company shall (a) promptly notify the Supporting Holders of its entry into a More Favorable Agreement, including the identity of the other party to such More Favorable Agreement, and (b) promptly provide a copy of such More Favorable Agreement to the Supporting Holders.

  • To Forego More Favorable Investment To Avoid Regulation Under Investment Company Act of 1940.............................


More Definitions of More Favorable

More Favorable means an effective rental rate (determined by blending all concessions on a straight line basis over the proposed term) that is more than four percent (4%) less than the effective rental rate identified in the First Refusal Notice. If Tenant does not so respond in writing to Landlord’s First Refusal Notice by the Election Date, Tenant shall be deemed to have elected the option described in clause (ii) above. Notwithstanding anything herein to the contrary, Tenant may only exercise its right of first refusal with respect to all of the space described in the First Refusal Notice, and not a portion thereof.
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Related to More Favorable

  • Less Projected Production to Maturity (______)oz Reserves (Min. Required as at Maturity Date): 6,000,000 oz. COMPLIANCE [Yes]/[No] SIGNIFICANT MATERIAL SUBSIDIARIES Itemize new Significant Material Subsidiaries since last compliance certificate MATERIAL REAL PROPERTY Itemize Material Real Property acquired since last compliance certificate ASSET DISPOSITIONS Itemize asset dispositions falling under Schedule O COMPANY ASSETS GROSS PROCEEDS [ITEMIZE] Actual (N + O) U.S. $ _________________ Maximum Permitted U.S. $50,000,000 COMPLIANCE [Yes]/[No] INVESTMENTS Itemize Investments falling under Section 11.2(k)(vi) COMPANY ASSETS GROSS PROCEEDS [ITEMIZE] PERMITTED ACQUISITIONS Itemize Permitted Acquisitions SCHEDULE C FORM OF ASSIGNMENT Dated __________, 20___ Reference is made to the Amended and Restated Credit Agreement made as of April 8, 2005, as amended (the "Credit Agreement"), between Kinross Gold Corporation, Kinross Gold U.S.A., Inc., Fairbanks Gold Mining, Inc. and Round Mountain Gold Corporation, as borrowers, the Lenders named therein and The Bank of Nova Scotia, as administrative agent of the Lenders (in that capacity, the "Administrative Agent"). Terms defined in the Credit Agreement are used herein as therein defined. _________________ (the "Assignor") and _________________ (the "Assignee") agree as follows:

  • Material Related Party Transaction means a transaction with a related party if the transaction / transactions to be entered into individually or taken together with previous transactions during a financial year, exceeds ten percent of the annual consolidated turnover of the company as per the last audited financial statements of the company.

  • Significant Modification As defined in Section 3.25.

  • Eligible Line of Business means any business engaged in as of the date of this Agreement by the Borrower or any of its Subsidiaries.

  • Material Modifications means any modifications to the material related party transactions which were approved by the Audit Committee or Shareholders during the year which will change the complete nature of the transaction and in case of monetary thresholds which is in excess of 10% of the originally approved transaction, in case of exigencies only.

  • Material Modification means any modification to an Interconnection Request that has a material adverse effect on the cost or timing of Interconnection Studies related to, or any Network Upgrades or Local Upgrades needed to accommodate, any Interconnection Request with a later Queue Position.

  • Related Party Agreements shall have the meaning set forth in Section 3.19 herein.

  • Partial Hospitalization means an outpatient program specifically designed for the diagnosis or active treatment of a serious mental disorder when there is a reasonable expectation for improvement or when it is necessary to maintain a patient’s functional level and prevent relapse or full hospitalization. Partial hospital programs are usually furnished by a hospital as distinct and organized intensive ambulatory treatment service of less than 24-hour daily care.

  • Material Change in Content means the occurrence since the Launch Date of a material change in the content, composition or constitution of the Futures Contract or the Commodity.

  • Related Party Agreement means any agreement, arrangement, or understanding between the Company and any Stockholder or any Affiliate of a Stockholder or any Director, officer, or employee of the Company, as such agreement may be amended, modified, supplemented, or restated in accordance with the terms of this Agreement.

  • Housing assistance means appropriate referrals by the

  • Substantial modification means modification of a relevant source that results in a significant increase in emissions, excluding any change in emissions resulting from by-product recovery. It shall be a matter for the Party to decide whether a modification is substantial or not;

  • Permitted Line of Business as defined in Section 7.14(a).

  • Health status-related factor means any of the following factors:

  • Related Party Transactions has the meaning set forth in Section 3.21.

  • Eligible Ground Lease means a ground lease that (a) has a minimum remaining term of twenty-five (25) years, including tenant controlled options, as of any date of determination, (b) has customary notice rights, default cure rights, bankruptcy new lease rights and other customary provisions for the benefit of a leasehold mortgagee or has equivalent protection for a leasehold permanent mortgagee by a subordination to such leasehold permanent mortgagee of the landlord’s fee interest, and (c) is otherwise acceptable for non-recourse leasehold mortgage financing under customary prudent lending requirements. The Eligible Ground Leases as of the date of this Credit Agreement are listed on Schedule EG.