Examples of Second Review Period in a sentence
Following delivery of an Opt-Out Notice, if Licensee does not elect to enter into a ROFR Agreement within the Second Review Period, [***] the Upfront Payment [***].
If CEGPS fails to deliver the Second Statement of Objections before the expiration of the Second Review Period, the Second Closing Statement and the Second Post-Closing Adjustment, as the case may be, reflected in the Second Closing Statement shall be deemed to have been accepted by CEGPS.
During the Second Review Period, CEGPS and CEGPS’s accountants shall have such access to the books and records of Newco, and to the personnel and work papers prepared by Crestwood or Crestwood’s accountants, as CEGPS may reasonably request for the purpose of reviewing the Second Closing Statement and to prepare a Second Statement of Objections.
Notwithstanding the foregoing, Company shall not be permitted to exercise the Buy Back Option if at the completion of either the First Review Period or the Second Review Period there exists a material uncured breach of any material provision of this Agreement on the part of the Company.
The Parties shall determine the revised Rent based on the prevailing market rental per square foot of the aggregate land area of the Said Land (hereinafter referred to as the “Prevailing Market Rental”) within the first month of the First Review Period or the Second Review Period, as the case may be, failing which the same shall be determined by an independent land valuer acting as an expert and not as an arbitrator (“Expert”).
Provided that Distributor shall have exercised the Initial Extension Option and the Term shall have been extended as provided in Section 8.2 and a Buy Back Option with respect to the Second Review Period shall not have been exercised as provided in Section 2.3, then Distributor shall have additional extension options to extend the Term for additional periods of three (3) years each (the “Additional Extension Options”).
The Expert shall issue the Report to the Parties within forty (40) days from the date of appointment but in any event, not exceeding the First Review Period or the Second Review Period, as the case may be.
Written notice of the Company’s intent to exercise the Buy Back Option with respect to the First Review Period or the Second Review Period must be provided to Distributor within **** after the end of that particular Review Period.
There shall be no repayment to Distributor of any portion of the Initial License Fee or the Additional License Fee if the exercise of the Buy Back Option is not exercised, except as set forth in Section 1.5. The provisions of this Section 2.3 shall be the Company’s sole and exclusive remedy for the failure of Distributor to satisfy the Minimum Purchase Requirements for either the First Review Period or the Second Review Period.
During the Second Review Period, (i) the highest closing price of the Shares was HK$3.82 on 6 November 2015, respectively; and (ii) the lowest closing price of the Shares was HK$3.57 on 30 September 2015.