Example ContractsClausesEstablishment of Facility A
Establishment of Facility A
Establishment of Facility A contract clause examples

Establishment. This Plan constitutes an amendment and restatement of the 2014 Equity Incentive Plan of Plus Therapeutics, Inc. (as amended to date, the “Original Plan”), which was first approved by the Board on February 27, 2014, and approved by the stockholders of the Company on July 31, 2014, as amended by the Board on June 12, 2015, which amendment was approved by the stockholders of the Company on August 13, 2015, and as further amended by the Board on March 3, 2016, which amendment was approved by the stockholders of the Company on May 10, 2016, and as further amended by the Board on January 26, 2017, and as further amended by the Board on March 31, 2017, which amendment was approved by the stockholders of the Company on May 22, 2017, and as further amended by the Board on March 19, 2018, which amendment was approved by the stockholders of the Company on May 18, 2018. This amended and restated Plan (the “Plan”) was approved by the Board on April 5, 2019, subject to stockholder approval. The date on which this amended and restated Plan is approved by the stockholders of the Company will be the “Restatement Effective Date.”

The Borrower under Facility A shall, commencing on the first Repayment Date following the date falling:

Establishment. Within ​ after the Effective Date, Gilead and [[Durect:Organization]] shall establish a joint development committee (the “JDC”) to oversee, review, monitor and coordinate the activities of the Parties under this Agreement and serve as a forum for the exchange and discussion of information with respect thereto, to the extent expressly and as more specifically provided in [Sections 2.1(b), 2.2 and 2.3]3]3].

Subject to the terms and conditions in this Agreement, each Lender hereby establishes a revolving credit facility for the Borrower in the maximum principal amount indicated opposite such Lender’s name in Exhibit “A” under the heading “Facility A Commitments”. The said credit facilities are established by the Lenders severally and not jointly, and are collectively referred to in this Agreement as “Facility A”. Each Advance by a Lender under the Non-Swingline Tranche shall be made in its Proportionate Share of the Non-Swingline Tranche.

Establishment. The Parties will establish a steering committee to coordinate and supervise their activities under this Agreement (the “Joint Steering Committee” or “JSC”), and to facilitate communication between the Parties. The Joint Steering Committee will consist of an equal number of members of each Party. Each Party shall appoint ​ as members to the JSC. The members initially appointed by each Party are set out in [Schedule 3], and each Party may change its members appointed to the JSC by written notice to the other Party upon ​ notice.

Upon and subject to the terms and conditions of this Agreement, and based and relying upon the representations and warranties set forth herein, the Lender agrees to provide a credit facility (the “Credit Facility”) to the Borrower.

Establishment. The Adaptive Biotechnologies Corporation 2019 Equity Incentive Plan (the “Plan”) is hereby established effective as of June 13, 2019, the date of its approval by the shareholders of the Company (the “Effective Date”).

Establishment. With respect to any Performance Awards Performance Objectives for Performance Awards may be expressed in terms of # earnings per share; # operating income; # return on equity or assets; # free cash flow; # net cash flow; # cash flow from operations; # EBITDA and/or adjusted EBITDA (including any adjusted EBITDA metric reported by the Company to securityholders or lenders); # revenue growth; # revenue ratios; # cost reductions; # cost ratios or margins; # overall revenue or sales growth; # expense reduction or management; # market position or market share; # total shareholder return; # return on investment; # earnings before interest and taxes (EBIT); # net income (before or after taxes); # return on assets or net assets; # economic value added; # shareholder value added; # cash flow return on investment; # net operating profit; # net operating profit after tax; # return on capital; # return on invested capital; # customer growth; # financial ratios, including those measuring liquidity, activity, profitability or leverage; # financing and other capital raising transactions; # strategic partnerships or transactions; # successful completion of acquisitions; or # any combination of or a specified increase in any of the foregoing or any other performance criteria as may be established by the Committee. Performance Objectives may be in respect of the performance of the Company, any of its Subsidiaries, any of its Divisions or any combination thereof. Performance Objectives may be absolute or relative (to prior performance of the Company or to the performance of one or more other entities or external indices) and may be expressed in terms of a progression within a specified range. The Performance Objectives with respect to a Performance Cycle shall be established by the Committee while the performance relating to the Performance Objectives remains substantially uncertain.

Subject to the terms and conditions in this Agreement, the Lenders hereby establish, on a several and not joint or joint and several basis, in favour of the Borrower, a committed, non- revolving credit facility referred to as “Facility A”, in the maximum aggregate principal amount of Eighty Million Dollars ($80,000,000) (the “Facility A Limit”). Each Lender’s commitment in respect of Facility A shall be limited to the maximum principal amount indicated opposite such Lender's name in Exhibit "A" under the heading "Facility A Commitments". Each Advance by a Lender under Facility A shall be made by such Lender in its Proportionate Share of Facility A.

Subject to the terms and conditions in this Agreement, each Lender hereby establishes a committed, non-revolving credit facility for the Borrower in the maximum principal amount indicated opposite such Lender’s name in Exhibit “A” under the heading “Facility C Commitments”. The said credit facilities are established by the Lenders severally and not jointly, and are hereinafter collectively referred to as “Facility C”. Each Advance by a Lender under Facility C shall be made in its Proportionate Share of Facility C. The aggregate principal amount of all Advances under Facility C shall not exceed the Facility C Limit.

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