Specified Litigation Amount definition

Specified Litigation Amount means, with respect to any Specified Litigation, as of any date of determination, an amount equal to the sum of (a) the total of (i) the amount set forth on Schedule 8.11(b) to the Disclosure Letter (the “Free and Clear Amount”) less (ii) the portion of the Free and Clear Amount that the Issuer has used to make any payment under Section 8.11(b) in respect of any other Specified Litigation on or prior to such date of determination plus (b) Qualified Equity Issuance Proceeds with respect to such Specified Litigation; provided, that, in order for the Issuer to use any portion of the Free and Clear Amount to make any payment in respect of any Specified Litigation, a Responsible Financial Officer of the Issuer shall have delivered a certificate to the Administrative Agent (in form and substance reasonably satisfactory to the Administrative Agent), (x) certifying as to the amount of the Free and Clear Amount so used in connection with such Specified Litigation and (y) setting forth a calculation of the then current amount of the Free and Clear Amount after giving effect to such use.

Specified Litigation Amount means, [***]

Specified Litigation Amount set forth in Section 1.01 of the Note Purchase Agreement is hereby deleted in its entirety and replaced with the following:

Examples of Specified Litigation Amount in a sentence

• No amount of the Specified Extraordinary Receipts or the Qualified Equity Issuance Proceeds received by the Issuer and counted for purposes of compliance with this Section 7.23 shall subsequently be designated as included in the definition of Specified Litigation Amount for any purpose under this Agreement.

More Definitions of Specified Litigation Amount

Specified Litigation Amount means, with respect to any payment made in connection with the Xxxxxxxx Litigation, as of any date of determination, an amount equal to the sum (without duplication) of (a) the total of (i) the amount set forth on Schedule 8.11(b) to the Disclosure Letter, plus (ii) any Specified Extraordinary Receipts (the sum of the foregoing clauses (i) and (ii), the “Free and Clear Amount”), less (iii) the portion of the Free and Clear Amount that the Issuer has used to make any payment under Section 8.11(b) from and after the Fourth Amendment Effective Date in respect of the Xxxxxxxx Litigation on or prior to such date of determination plus (b) Qualified Equity Issuance Proceeds received by the Issuer with respect to, and prior to the making of, such payment; provided, that, in order for the Issuer to use any portion of the Free and Clear Amount to make any payment in respect of the Xxxxxxxx Litigation, a Responsible Financial Officer of the Issuer shall have delivered a certificate to the Administrative Agent (in form and substance reasonably satisfactory to the Administrative Agent), (x) certifying as to the amount of the Free and Clear Amount so used in connection with the Xxxxxxxx Litigation and (y) setting forth a calculation of the then current amount of the Free and Clear Amount after giving effect to such use.

Specified Litigation Amount means, with respect to any payment made in connection with the Eshelman Litigation, as of any date of determination, an amount equal to the sum (without duplication) of (a) the total of (i) the amount set forth on Schedule 8.11(b) to the Disclosure Letter, plus (ii) any Specified Extraordinary Receipts (the sum of the foregoing clauses (i) and (ii), the “Free and Clear Amount”), less (iii) the portion of the Free and Clear Amount that the Issuer has used to make any payment under Section 8.11(b) from and after the Fourth Amendment Effective Date in respect of the Eshelman Litigation on or prior to such date of determination plus (b) Qualified Equity Issuance Proceeds received by the Issuer with respect to, and prior to the making of, such payment; provided, that, in order for the Issuer to use any portion of the Free and Clear Amount to make any payment in respect of the Eshelman Litigation, a Responsible Financial Officer of the Issuer shall have delivered a certificate to the Administrative Agent (in form and substance reasonably satisfactory to the Administrative Agent), (x) certifying as to the amount of the Free and Clear Amount so used in connection with the Eshelman Litigation and (y) setting forth a calculation of the then current amount of the Free and Clear Amount after giving effect to such use. Notwithstanding the foregoing, to the extent the Issuer makes or has made the Specified 2024 Litigation Payment, the definition “Specified Litigation Amount” shall not include any amount of the Specified Extraordinary Receipts or Qualified Equity Issuance Proceeds that the Issuer is required to receive pursuant to Section 7.23(a) and use pursuant to Section 7.23(c).

Specified Litigation Amount means, with respect to any payment made in connection with the Xxxxxxxx Litigation, as of any date of determination, an amount equal to the sum (without duplication) of (a) the total of (i) the amount set forth on Schedule 8.11(b) to the Disclosure Letter, plus (ii) any Specified Extraordinary Receipts (the sum of the foregoing clauses (i) and (ii), the “Free and Clear Amount”), less (iii) the portion of the Free and Clear Amount that the Issuer has used to make any payment under Section 8.11(b) from and after the Fourth Amendment Effective Date in respect of the Xxxxxxxx Litigation on or prior to such date of determination plus (b) Qualified Equity Issuance Proceeds received by the Issuer with respect to, and prior to the making of, such payment; provided, that, in order for the Issuer to use any portion of the Free and Clear Amount to make any payment in respect of the Xxxxxxxx Litigation, a Responsible Financial Officer of the Issuer shall have delivered a certificate to the Administrative Agent (in form and substance reasonably satisfactory to the Administrative Agent), (x) certifying as to the amount of the Free and Clear Amount so used in connection with the Xxxxxxxx Litigation and (y) setting forth a calculation of the then current amount of the Free and Clear Amount after giving effect to such use. Notwithstanding the foregoing, to the extent the Issuer makes or has made the Specified 2024 Litigation Payment, the definition “Specified Litigation Amount” shall not include any amount of the Specified Extraordinary Receipts or Qualified Equity Issuance Proceeds that the Issuer is required to receive pursuant to Section 7.23(a) and use pursuant to Section 7.23(c).

Specified Litigation Amount means, with respect to any Specified Litigation, as of any date of determination, an amount equal to the total of (a) $[***] (the “Free and Clear Amount”) less (b) the portion of the Free and Clear Amount that the Issuer or any of its Subsidiaries has used to make any payment under Section 8.11(b) in respect of any other Specified Litigation on or prior to such date of determination plus (c) Qualified Equity Issuance (Litigation) Proceeds with respect to such Specified Litigation; provided, that, in order for the Issuer or any of its Subsidiaries to use any portion of the Free and Clear Amount to make any payment in respect of any Specified Litigation, a Responsible Financial Officer of the Issuer shall have delivered a certificate to the Administrative Agent (in form and substance reasonably satisfactory to the Administrative Agent), (x) certifying as to the amount of the Free and Clear Amount so used in connection with such Specified Litigation and (y) setting forth a calculation of the then current amount of the Free and Clear Amount after giving effect to such use (it being understood, for the avoidance of doubt, that if a Responsible Financial Officer of the Issuer shall fail to deliver such certificate, the Free and Clear Amount shall be automatically reduced by the amount of such payment). “Specified Litigation” means (a) any securities action, suit, proceeding or claim pending, or, to the knowledge of any Credit Party or any Subsidiary, threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, against any Credit Party or any of their respective Subsidiaries and (b) any other action, suit, proceeding or claim pending or, to the knowledge of any Credit Party or any Subsidiary, threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against any Credit Party or any Subsidiary relating to any Product (including, without limitation, Daxi) or its related Product Development and Commercialization Activities, any Material Contract or any Material Intellectual Property. “Specified Maturity Extension” has the meaning set forth in the definition of “Maturity Date”. “Specified OPUL Disposition” means any Disposition (or series of related Dispositions), directly or indirectly, of (a) all or substantially all of the Equity Interests of Hint, (b) all or substantially all of the assets of Hint, (c) OPUL or (d) all or substantially all of the Intellectual Property associated with OPUL....

Specified Litigation Amount means an amount equal to $0, or, solely to the extent the Specified Litigation is not settled and paid prior to the Effective Time, an amount equal to $150,000.

Specified Litigation Amount. “Fund” means any Person (other than a natural Person) that is (or will be) engaged in making, purchasing, holding or otherwise investing in commercial loans and similar extensions of credit in the ordinary course of its activities. “Funded Indebtedness” means, as to any Person at a particular time, without duplication, all of the following, whether or not included as indebtedness or liabilities in accordance with GAAP: (a) all obligations, whether current or long-term, for borrowed money (including the Obligations) and all obligations of such Person evidenced by bonds, debentures, notes, loan agreements or other similar instruments; (b) all purchase money Indebtedness; (c) the principal portion of all obligations under conditional sale or other title retention agreements relating to property purchased by such Person or any Subsidiary thereof (other than customary reservations or retentions of title under agreements with suppliers entered into in the ordinary course of business); (d) all obligations arising under letters of credit (including standby and commercial), bankers’ acceptances, bank guaranties, surety bonds and similar instruments (except to the extent relating to trade payables in the ordinary course of business which are not more than ninety (90) days past due after the day on which such trade account payable was created);