No Extensions. The period of time within which any Extension Rights may be exercised shall not be extended or enlarged by reason of Tenants inability to exercise the Extension Rights.
Extensions. If the Revolving Maturity Date in respect of any tranche of Revolving Commitments occurs prior to the expiration of any Letter of Credit, then # if one or more other tranches of Revolving Commitments in respect of which the Revolving Maturity Date shall not have occurred are then in effect, such Letters of Credit shall automatically be deemed to have been issued (including for purposes of the obligations of the Revolving to purchase participations therein and to make Revolving Loans and payments in respect thereof pursuant to [[Sections 2.17(d) and 2.17(e)])]])]) under (and ratably participated in by Revolving pursuant to) the Revolving Commitments in respect of such non-terminating tranches up to an aggregate amount not to exceed the aggregate principal amount of the unutilized Revolving Commitments thereunder at such time (it being understood that no partial face amount of any Letter of Credit may be so reallocated) and # to the extent not reallocated pursuant to immediately preceding [clause (i)], the Borrower shall Cash Collateralize any such Letter of Credit in accordance with [Section 2.17(h)]. Except to the extent of reallocations of participations pursuant to [clause (i)] of the immediately preceding sentence, the occurrence of a Revolving Maturity Date with respect to a given tranche of Revolving Commitments shall have no effect upon (and shall not diminish) the percentage participations of the Revolving in any Letter of Credit issued before such Revolving Maturity Date.
No Extensions or Amendment. The Agent shall not be obligated to cause any Letter of Credit to be extended or amended unless # the requirements of this [Section 2.18] are met as though a new Letter of Credit were being requested and issued, and # the Agent consents to such extension or amendment, which it may withhold in its sole and absolute discretion.
After the Parties have submitted for Regulatory Approval of a Product, they will discuss and agree on a strategy for seeking, in Unums name if so required, patent term extensions, supplemental protection certificates and the like available under Applicable Law, including 35 U.S.C. § 156 and applicable foreign counterparts, (each, an extension) for Patents in the Program IP in the Shared Territory in relation to each Product.
Waiver; Extensions. Except as may be expressly provided for herein or in any of the other Loan Documents, the Borrower hereby waives presentment, demand, notice of dishonor, protest and all other exemptions provided debtors, to the extent permitted by applicable law. The Borrower agrees that it shall remain liable for the payment hereof notwithstanding any agreement for the extension of the due date of any amount payable hereunder made by the Lender after the maturity thereof unless expressly agreed otherwise by Lender in writing after the date hereof.
ARTICLE # -- AMENDMENT AND TERMINATION OF THE PLAN 16
Extensions; Waivers. Any party may, for itself only, # extend the time for the performance of any of the obligations of any other party under this Agreement, # waive any inaccuracies in the representations and warranties of any other party contained herein or in any document delivered pursuant hereto and # waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any such extension or waiver will be valid only if set forth in a writing signed by the party to be bound thereby. No waiver by any party of any default, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, may be deemed to extend to any prior or subsequent default, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising because of any prior or subsequent such occurrence. Neither the failure nor any delay on the part of any party to exercise any right or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of the same or of any other right or remedy.
Patent Extensions. Primary shall promptly notify Legacy of the issuance of each Regulatory Approval concerning a Primary Collaboration Derived Product in the Primary Field and, where reasonably possible and reasonably useful or materially valuable in the commercialization of Primary Collaboration Derived Products in the Primary Field, use Commercially Reasonable Efforts to apply or enable Legacy to apply for all available patent term extensions, adjustments or restorations, or supplementary protection certificates with respect to any Legacy Patents Covering such Primary Collaboration Derived Products (or CDC(s) or Derivative(s) thereof contained therein), or other forms of market exclusivity conferred by Applicable Laws on any Primary Collaboration Derived Products (or CDC(s) or Derivative(s) thereof contained therein) (collectively, all of the foregoing, Legacy Patent Term Extensions). Legacy shall, to the extent reasonably possible and reasonably useful or valuable in the commercialization of Primary Collaboration Derived Products, use Commercially Reasonable Efforts to, if and as requested by Primary, obtain (or assist Primary in obtaining), with respect to the Legacy Patents, all Legacy Patent Extensions in any country of the Territory. The Parties shall cooperate with each other in obtaining Legacy Patent Term Extensions wherever and whenever applicable, reasonably possible to obtain, and reasonably useful or valuable in the commercialization of Primary Collaboration Derived Products.
Conditions to Effectiveness of Extensions. Notwithstanding the foregoing, the extension of each Extending Lender’s then-existing Scheduled Maturity Date pursuant to this [Section 2.14] shall not be effective with respect to any Extending Lender unless, on the applicable Anniversary Date: # no Default or Event of Default shall exist or be continuing either prior to or after giving effect thereto, and # the representations and warranties contained in [Section 5.01], [Section 5.02], [Section 5.06(a)], [Section 5.09], [Section 5.10], [Section 5.17], [Section 5.18], and [Section 5.21] shall be true at and as of the time of the effective date of such extension, with the same effect as if made at and as of that time (except to the extent of changes resulting from transactions contemplated or permitted by this Agreement and changes occurring in the ordinary course of business which singly or in the aggregate are not materially adverse to the business, assets or financial condition of and its Consolidated Subsidiaries, taken as a whole, or to the extent that such representations and warranties relate expressly and solely to an earlier date).
1.01Revolving Credit Loans. Subject to the terms and conditions set forth herein, each Revolving Credit Lender severally agrees to make loans in Dollars (each such loan, a “Revolving Credit Loan”) to the and/or the Co- identified by in the applicable Revolving Credit Loan Notice from time to time (on any Business Day during the Availability Period) in an aggregate amount not to exceed at any time the amount of such Lender’s Revolving Credit Commitment; provided, however, that, after giving effect to any Revolving Credit Borrowing, # the Total Revolving Credit Outstandings shall not exceed the Aggregate Revolving Credit Commitments, # the aggregate Outstanding Amount of the Revolving Credit Loans of any Lender, plus such Lender’s Pro Rata Share of the Outstanding Amount of all L/C Obligations shall not exceed such Lender’s Revolving Credit Commitment, # the aggregate Unsecured Debt of the and the Combined Parties (including any requested or pending Credit Extension) shall not exceed the amount permitted pursuant to [Section 7.03(a)] hereof and # the aggregate number of Revolving Credit Loans made in any calendar month shall not exceed eight (8). Within the limits of each Lender’s Revolving Credit Commitment, and subject to the other terms and conditions hereof, the and Co-Borrowers may borrow under this
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