As of the Effective Date Sample Clauses
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As of the Effective Date. (a) Zymeworks has not received any written notice of any threatened claims or litigation seeking to invalidate or otherwise challenge the Zymeworks Patent Rights or Zymeworks’ rights therein; and (b) Zymeworks is not aware of any pending or threatened action, suit, proceeding or claim by a Third Party asserting that Zymeworks is infringing or has misappropriated or otherwise is violating any patent, trade secret or other proprietary right of any Third Party as would reasonably be expected to result in a material adverse effect upon the ability of Zymeworks to fulfill any of its obligations under this Agreement;
As of the Effective Date. Exhibit A of the Agreement is hereby superseded and replaced with the Exhibit A attached hereto.
As of the Effective Date. Section 1.1 of the Original Agreement shall be deleted in its entirety and the following shall be inserted in its place and stead:
As of the Effective Date. (a) NBDC Bank shall be merged into ▇▇▇▇▇ Bank and be continued in the Resulting Institution.
(b) In accordance with Sections 1606 of the Banking Code of 1965 of the Commonwealth of Pennsylvania, and Section 336 of the Associations Code of the Commonwealth of Pennsylvania, all of the property, assets and rights of every kind and character of NBDC Bank (including, without limitation, all real, personal or mixed property, all debts due on accounts, all other choses in action and all and every other interest of or belonging to or due NBDC Bank, whether tangible or intangible) shall be transferred to and vest in ▇▇▇▇▇ Bank, and ▇▇▇▇▇ Bank shall succeed to all the rights, privileges, immunities, powers, purposes and franchises of a public and private nature (including all trust and fiduciary properties, powers and rights) of NBDC Bank, all without conveyance, assignment or further act or deed; and ▇▇▇▇▇ Bank shall become responsible for all of the liabilities, duties and obligations of every kind and description (including duties as trustee or fiduciary) of NBDC Bank as of the Effective Date.
(c) The Resulting Institution shall be liable for all liabilities of every kind and description, including liabilities arising out of the operation of a trust department, of each of the Merging Banks existing immediately prior to the Effective Date, to the extent provided by law.
As of the Effective Date. A. The reference in the Table of Contents to Schedule G, Part II to “Daily Settlement Report” is deleted and “Weekly Settlement Report” is substituted therefor.
B. Section 1.1, Definitions. is amended as follows:
a. The following new definition is added to this Section:
As of the Effective Date. Section 8.1 of the Credit Agreement is hereby amended by deleting subsection (p) in its entirety and replacing it with the following:
As of the Effective Date. TO HAVE AND TO HOLD the assets, properties and rights transferred, conveyed and assigned hereinabove unto Buyer, its successors and assigns, and for its and their own use forever.
As of the Effective Date. Section 3.1(a) of the Agreement shall be deleted and replaced in its entirety with the following provision: “Subject to the provisions of Sections 3.2 and12, the initial term (“Initial Term”) of this Agreement shall have commenced on January 1, 2011 and continue through December 31, 2018. Thereafter, this Agreement shall automatically be renewed for successive 12 calendar months periods (each such period a “Renewal Term” and collectively all Renewal Terms, if any, together with the Initial Term, the “Term”) unless either party elects not to renew this Agreement by a written notice given to the other party at least 6 calendar months prior to the expiration of the Initial Term or the applicable Renewal Term, as the case maybe, in which case this Agreement shall terminate at the end of the Initial Term or the applicable Renewal Term, as the case maybe, and it will not be automatically renewed..”
As of the Effective Date. TxDOT has obtained the TxDOT-Provided Approvals based on the schematic contained in the Reference Information Documents. Developer shall obtain all other Governmental Approvals required in connection with the Project, the Project Right of Way or the Work, including any modifications, renewals and extensions of the TxDOT- Provided Approvals, including those required in connection with a Compensation Event. Developer shall deliver to TxDOT true and complete copies of all new or amended Governmental Approvals.
As of the Effective Date. (a) Pursuant to the Asset Purchase Agreement between Iveric and Opus effective as of the Effective Date (the “Asset Purchase Agreement”), Iveric has assigned to Opus all of Iveric’s right, title and interest in, to and under (i) the License Agreement, and Opus has assumed all of Opus’ obligations under the License Agreement from and after the Effective Date, (ii) the Penn SRA, dated October 30, 2018, as amended by Amendment No. 1, dated October 1, 2019 and Amendment No. 2, dated October 31, 2022, the “Sponsored Research Agreement”, and collectively with the License Agreement, the “Assigned Agreements”). The Licensors, on behalf of their respective institutions, hereby (x) consent to the assignment and assumptions of the License Agreement and (y) Penn acknowledges and agree to the assignment of the Sponsored Research Agreements.