Updates. Upon Kx’s commercial release of an Update to the Licensed Software, Kx will make the Update available to [[Appian:Organization]] from ​ to install on copies of the Licensed Software where [[Appian:Organization]] has paid the annual Maintenance Services fee for the year in which the Update is commercially released.

Disclosure Updates. Each Loan Party will, promptly and in no event later than five Business Days after obtaining knowledge thereof, notify Agent if any written information, exhibit, or report (in each case other than any Projections, forward-looking information, other projections, budgets, estimates and information of a general economic nature and general information about the industry of any Loan Party or its Restricted Subsidiaries) furnished to Agent or the Lenders in connection with this Agreement or the other Loan Documents (as modified or supplemented by other information so furnished) contained, at the time it was furnished and taken as a whole, any untrue statement of a material fact or omitted to state any material fact necessary to make the statements contained therein (taken as a whole) not misleading in any material respect at such time in light of the circumstances under which such information was provided. The foregoing to the contrary notwithstanding, any notification pursuant to the foregoing provision will not cure or remedy the effect of the prior untrue statement of a material fact or omission of any material fact nor shall any such notification have the effect of amending or modifying this Agreement or any of the Schedules hereto.

Status Updates. Axsome shall provide Licensee with a written status update on the Licensed Patent Rights no less than once every year, including any updates to the list in [Schedule 1.50].

Status Updates. ARS acknowledges Recordati’s desire to be informed about the evolution of activities triggering the payment obligations provided under this Section 3 in support of Recordati’s financial and budgeting planning needs, and, subject to Recoradti’s confidentiality obligations under this Agreement, in the event ARS is no longer subject to the United States Securities Exchange Act of 1934 and if Recordati has reasonable inquiries regarding the status of such activities, ARS undertakes to provide Recordati from time to time with reasonable level of information thereof (but in any event no more frequently than ​).

Commercial Diligence. Licensee will use and will cause its Affiliates and Sublicensees, as applicable, to use Commercially Reasonable Efforts to Commercialize each Licensed Product in each country in the Territory where such Licensed Product is the subject of an existing Regulatory Approval or where Licensee or its designated Affiliates or Sublicensees seek and receive Regulatory Approval for such Licensed Product. To the extent that Licensee elects not to commercialize the Licensed Product (at all or for any indication) in any country in the Territory, Licensee shall notify Axsome of this decision and the business rationale therefore and, upon Axsome’s request, the Parties, in good faith, shall discuss such matter further.

Commercial Relationship. The Employee expressly recognizes that the Employee’s participation in the Plan and [[Company:Organization]]’s grant of the Award does not constitute an employment relationship between the Employee and [[Company:Organization]]. The Employee has been granted the Award as a consequence of the commercial relationship between [[Company:Organization]] and [[Company:Organization]]’s Affiliate in Mexico that employs the Employee (“[[Company:Organization]]‑Mexico”), and [[Company:Organization]]‑Mexico is the Employee’s sole employer. Based on the foregoing, # the Employee expressly recognizes that the Plan and the benefits the Employee may derive from participation in the Plan does not establish any rights between the Employee and [[Company:Organization]]‑Mexico, # the Plan and the benefits the Employee may derive from participation in the Plan are not part of the employment conditions and/or benefits provided by [[Company:Organization]]‑Mexico, and # any modifications or amendments of the Plan by [[Company:Organization]], or a termination of the Plan by [[Company:Organization]], shall not constitute a change or impairment of the terms and conditions of the Employee’s employment with [[Company:Organization]]‑Mexico.

Commercial Transaction. Borrowers represent, warrant and acknowledge that the transaction of which this Agreement is a part is a commercial transaction and not a consumer transaction. Monies now or in the future to be advanced to or on behalf of Borrowers are not and will not be used for personal, family or household purposes.

After First Commercial Sale. After the First Commercial Sale of a Licensed Product, Surface shall deliver reports to Harbour within ​ days of the end of each Reporting Period, containing information concerning the immediately preceding Reporting Period, as further described in Section 5.2.

Commercial Letters of Credit. The Borrower agrees to pay to the Administrative Agent for the ratable benefit of each Revolving Lender based upon each such Lender’s Revolving Facility Percentage (except as otherwise provided in Section 2.18 with respect to Defaulting Lenders), a fee in respect of each Letter of Credit issued hereunder that is a Commercial Letter of Credit in an amount equal to # the Applicable Margin for Revolving Loans that are Eurodollar Loans in effect on the date of issuance times # the Stated Amount of such Letter of Credit. The foregoing fees shall be payable on the date of issuance of such Letter of Credit.

During the Pre-Closing Period, [[Organization B:Organization]] shall promptly notify Cosmos in writing of: