EFFECT OF REFUSAL Sample Clauses

EFFECT OF REFUSAL. In the event the parties cannot reach agreement with respect to MEDICIS' acquisition or license of an HMR NEWLY DEVELOPED PRODUCT in accordance with this Section 5.1, HMR and/or an AFFILIATE may license or sell such HMR NEWLY DEVELOPED PRODUCT to a third party which is not an AFFILIATE of HMR (but shall not themselves directly sell, market, promote or distribute such HMR NEWLY DEVELOPED PRODUCT), provided that (i) the terms and conditions of any such license or sale are no less favorable to HMR than those offered by HMR to MEDICIS pursuant to this Section 5.1, in which case no consent or approval by, or right of first refusal for, MEDICIS shall be required for HMR to enter into a written agreement with such third party, or (ii) if the terms and conditions of any such license or sale are less favorable to HMR than those offered by HMR to MEDICIS pursuant to this Section 5.1, MEDICIS shall have a right of first refusal, exercisable within thirty (30) calendar days after HMR provides notice of such less favorable terms and conditions to MEDICIS, to license or acquire the HMR NEWLY DEVELOPED PRODUCT on such terms and conditions.
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EFFECT OF REFUSAL. It is understood and agreed by the parties hereto that this Agreement is subject to the review and approval of the Lake County Board of Supervisors upon Notice and Public Hearing. In the event that the Board of Supervisors declines to enter into this Agreement, then it is agreed that there is, in fact, no binding Agreement, either written or oral, between the parties herein.
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EFFECT OF REFUSAL. It is understood and agreed by the parties hereto that this Agreement is subject to the review and approval of the Colusa County Board of Supervisors upon Notice and Public Hearing. In the event that the Board of Supervisors declines to enter into this Agreement, then it is agreed that there is, in fact, no binding Agreement, either written or oral, between the parties herein.
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Related to EFFECT OF REFUSAL

  • Right of Refusal Vendor has the right not to sell to a TIPS Member under the awarded agreement at Vendor’s discretion unless otherwise required by law.

  • Waiver of Right of First Refusal The Company hereby waives any preexisting rights of first refusal applicable to the transactions contemplated hereby.

  • Termination and Waiver of Rights of First Refusal The rights of first refusal established by this Section 4 shall not apply to, and shall terminate upon the earlier of (i) the effective date of the registration statement pertaining to the Company’s Initial Offering or (ii) an Acquisition. Notwithstanding Section 5.5 hereof, the rights of first refusal established by this Section 4 may be amended, or any provision waived with and only with the written consent of the Company and the Major Investors holding a majority of the Registrable Securities held by all Major Investors, or as permitted by Section 5.5.

  • Termination of Right of First Refusal The Right of First Refusal shall terminate as to any Shares upon the earlier of (i) the first sale of Common Stock of the Company to the general public, or (ii) a Change in Control in which the successor corporation has equity securities that are publicly traded.

  • Effect of Restatement This Agreement shall, except as otherwise expressly set forth herein, supersede the First Restated Credit Agreement from and after the Second Restatement Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the First Restated Credit Agreement as of the Second Restatement Date. The parties hereto acknowledge and agree, however, that (a) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the First Restated Credit Agreement and the other Loan Documents as in effect prior to the Second Restatement Date, (b) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (c) the liens and security interests in favor of the Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (d) all references in the other Loan Documents to the Credit Agreement shall be deemed to refer without further amendment to this Agreement.