Remaining Stock definition

Remaining Stock has the meaning ascribed to such term in Section 5(b).

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Remaining Stock means any Dynavax Adjuvant supplied by Dynavax to Customer or any of its affiliates pursuant to the Supply Agreement that (a) remain in the possession or control of Customer or any of its affiliates or their Licensees (including any such Dynavax Adjuvant in the physical possession of a third party contractor that is being held on behalf of Customer, its affiliate or a Licensee) as of the expiry or termination of the Supply Agreement or (b) are delivered by Dynavax to Customer or any of its affiliates after the expiry or termination of this Agreement in accordance with Section 15.

Remaining Stock shall have the meaning given to such term in Section 12.1.3.

Examples of Remaining Stock in a sentence

• Except as otherwise expressly provided herein, all of the Remaining Stock Options shall continue to be subject to the Original Stock Option Award Documents.

• All of Executive’s Remaining Stock Options that were vested and exercisable at the Termination Date shall remain exercisable until the Stock Option Termination Date.

• However, any provisions in the Original Stock Option Award Documents relating to disability or change in control of the Company after the Termination Date shall not be operative with respect to any Remaining Stock Options.

• Notwithstanding the foregoing, in the event of Executive’s death prior to the Scheduled Expiration Date, all Continuing Stock Options shall vest on the date of Executive’s death and all Remaining Stock Options shall be exercisable for the period following Executive’s death determined under such Original Stock Option Award Documents on the same basis as though Executive was employed on the date of Executive’s death and regardless of when the Stock Option Termination Date would otherwise have occurred.

• The parties acknowledge and agree that to the extent that this Paragraph 5 affects any of the terms and conditions of Executive’s Remaining Stock Options or Continuing Stock Units, this Agreement shall constitute an amendment of the Original Stock Option Award Documents and Original RSU Award Documents as they pertain to Executive.

More Definitions of Remaining Stock

Remaining Stock means the number of shares of Transfer Stock the Company does not intend to purchase, or assign for purchase, that may be purchased by the Stockholders pursuant to exercise of the Secondary Refusal Right.

Remaining Stock shall have the meaning set forth in Paragraph 2.1.

Remaining Stock means (a) any Goods supplied by Dynavax to Customer or any of its affiliates pursuant to the Supply Agreement that remain in the possession or control of Customer or its affiliate as of the expiry or termination of the Supply Agreement and (b) any Goods that are delivered by Dynavax to Customer after the expiry or termination of this Agreement in accordance with Section 15.

Remaining Stock means all Product and all materials, for, or used in, the manufacture thereof, including work-in-progress, Sheep Serum, and all livestock used, or kept, for, or in connection with, the manufacture of Product, and the cost of their slaughter and disposal;

Remaining Stock shall have the meaning set forth in Paragraph 2.1. "SHAREHOLDERS" shall have the meaning set forth in the Preamble. "SOLID WASTE" shall mean any garbage, refuse, and other discarded material of Trans-Mex. "SWIFT STOCK" shall mean the publicly traded common stock of Parent traded on the NASDAQ under the symbol SWFT. "TAX" OR "TAXES" shall mean any taxes, levies, imposts, duties, fees, assessments, deductions, withholdings or other charges of whatever nature relating to any period ending on or prior to the Closing Date, or prorated if the Closing Date falls within any relevant tax period, whether imposed or assessed prior to or subsequent to the Closing Date, including without limitation, income, gross receipts, excise, property, sales, use, customs, value added, consumption, transfer, license, payroll, employee income, withholding, social security, and franchise taxes, imposed, assessed or levied by any Government or by any department, agency or other political subdivision or taxing authority thereof, against the Company, and any interest, penalties or additions to the foregoing. "TRAILING TWELVE MONTHS EARNINGS PER SHARE" shall have the meaning set forth in Section 2.2. 22 <PAGE> DATED as of the date first above written. SWIFT: TRANS-MEX: SWIFT TRANSPORTATION TRANS-MEX, INC. S.A. de C.V. CORPORATION By: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇, III By: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇-▇▇▇▇▇ -------------------------------- -------------------------------- Its: Senior Executive Its: General Administrator Vice President Approved, ratified and confirmed by Swift's Parent: SWIFT TRANSPORTATION CO. INC. By: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇, III -------------------------------- Its: Senior Executive Vice President SHAREHOLDERS: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ -------------------------------- ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ /s/ ▇▇▇▇▇ ▇▇▇▇▇▇ -------------------------------- ▇▇▇▇▇ ▇▇▇▇▇▇ HUSBANDS: /s/ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ -------------------------------- ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ -------------------------------- ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ 23 <PAGE> AMENDMENT TO STOCK PURCHASE AGREEMENT ▇▇▇▇▇▇▇▇ A. SWIFT TRANSPORTATION CORPORATION, a Nevada corporation ("Swift"), TRANS-MEX, INC. S. A. de C. V., a corporation incorporated under the laws of the Republic of Mexico ("Trans-Mex"), the stockholders of TRANS-MEX, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ("▇▇▇▇▇▇▇") and ▇▇▇▇▇ ▇▇▇▇▇▇ ("▇▇▇▇▇") (with ▇▇▇▇▇▇▇ and ▇▇▇▇▇ sometimes hereinafter collectively referred to as the "Individual Shareholders"), as well as the husbands of the Individual Shareholders, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ("▇▇▇▇")...

Remaining Stock means the 17.5% of Company Stock not being purchased by Buyer on the Closing Date.

Remaining Stock shall have the meaning set forth in Section 3.1(b). SALE shall have the meaning set forth in Section 3.3.