Third Target definition

Third Target has the meaning set forth in Section 2.5(a)(iii).

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Third Target is defined in Section 1.110 (definition of “Target”).

Third Target has the meaning given such term in Section 3(b)(iv).

Examples of Third Target in a sentence

• In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be reduced in the same proportion that the distribution had to the fair market value of the Common Units prior to the announcement of the distribution.

• The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, and Third Target Distribution shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10.

• For each such Quarter, the Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution shall be the amounts therefor that are set out herein without regard to this Section 6.9 multiplied by (a) Available Cash with respect to such Quarter divided by (b) the sum of Available Cash with respect to such Quarter and the Estimated Incremental Quarterly Tax Amount for such Quarter.

• If the Third Target has not been achieved for such 20 trading days during the two-year period referenced in this Section 2.8(e), the Third Target Shares shall no longer be outstanding and shall be cancelled.

• If Miragen does not receive such notification from Servier by [*], then Servier shall be deemed to have terminated this Agreement for convenience with respect to the Third Target in all countries across the Territory pursuant to Section 12.2(a), effective on [*].

• If, based on the criteria set forth above in Section 4.6(a) (which criteria shall apply mutatis mutandis to the evaluation of the suitability of the Third Target as a Target) the JRDC or Servier as the case may be determines that the Third Target remains suitable as a Target, then the Third Target shall remain a Target under this Agreement and the terms and conditions applicable to such Target under this Agreement shall remain unchanged.

• Until the earlier of (i) the date three years from the completion of the IPO or (ii) the date preceded by four Quarters with respect to which the Company made distributions in excess of the Third Target Distribution, SunEdison (together with its Controlled Affiliates) shall continue to own a number of Class B Units equal to 25% of the total number of Class B Units outstanding upon closing of this IPO held by SunEdison (together with its Controlled Affiliates).

• Upon acceptance by Santaris for inclusion in the Santaris Agreement, such microRNA target family shall be selected as the Third Target under this Agreement, and the Parties shall promptly update and amend the Research Plan and the Development Plan to include the research and Development activities related to the Third Target.

• The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities.

• Subject to Section 2.5.6, if the increase in EBIT is at least 9% for each and every Target Year, as measured against EBIT for the immediately preceding twelve month period ending July 31, then, in addition to the amount of Contingent Purchase Price otherwise payable under this Section 2.5.2, Seller shall be entitled at the end of the Third Target Year, to an additional payment of Contingent Purchase Price equal to $333,333.

More Definitions of Third Target

Third Target will mean a molecular target to be agreed upon by the Parties pursuant to Section 4.1.1(c); however, for the avoidance of doubt, it is recognized that the target will not be a target that is the subject of active bona-fide license, research or development negotiations between Company and a Third Party or as to which Company has concluded a bona-fide license, research or development relationship with a Third Party. 1.3. Rules of Interpretation for this Agreement. 1.3.1. In this Agreement, words importing the singular will include the plural and vice-versa, words importing any gender will include all other genders, and references to persons will include partnerships, corporations and unincorporated associations. 1.3.2. The words “including” and “includes” mean including, without limiting the generality of any description preceding such terms. 1.3.3. In the event of any discrepancy between the terms of this Agreement and any of the Annexes hereto, the terms of this Agreement will prevail. 1.3.4. Section, paragraph and annex headings will not affect the interpretation of this Agreement. 2. Joint Research Committee

Third Target has the meaning set forth in Section 2.5(a)(iii). “Threat of Release” means a substantial likelihood of a Release that requires action to prevent or mitigate damage or injury to health, safety or the Environment that might result from such Release. “Trademarks” means all trademarks, trade names, fictitious business names, service marks, certification marks, collective marks and other proprietary rights to words, names, slogans, symbols, logos, devices, sounds, other things or combination thereof used to identify, distinguish and indicate

Third Target shall have the meaning set forth in the Research Agreement.

Third Target has the meaning set forth in Section 2.8(e) of the Merger Agreement.

Third Target means cumulative revenues and cumulative operating income of $24,925,000 and $656,000, respectively, by December 31, 1999; and "CUMULATIVE REVENUES" and "CUMULATIVE OPERATING INCOME (LOSS)" shall be calculated based on revenues and operations of the Company commencing on January 1, 1998 and ending on the applicable measurement date.