Preferred Terms Sample Clauses

Preferred Terms. Amend, alter or repeal any provision of this Certificate of Incorporation or any provision of the Bylaws of the Corporation in any manner that would adversely affect the rights, powers, preferences or privileges of the holders of Senior Preferred or Redeemable Preferred (including, without limitation, increasing the total number of shares of Senior Preferred and Redeemable Preferred that the Corporation shall have the authority to issue); provided, however, that for the avoidance of doubt, any such amendments or alterations that adversely affect only the rights of the Convertible Common or Common without regard to the rights of the Senior Preferred or Redeemable Preferred shall not require the separate consent of the holders of the Senior Preferred; provided further however, that (i) increasing the number of authorized shares of Common or of any series of Preferred junior in dividend, liquidation and redemption rights to the Senior Preferred and Redeemable Preferred or (ii) creating a new series of Preferred junior in dividend, liquidation and redemption rights to the Senior Preferred and Redeemable Preferred, shall in either case not be deemed to adversely alter, modify, change or affect the terms, rights, powers, preferences or privileges of the holders of Senior Preferred or Redeemable Preferred and therefore shall not require the approval of the Senior Preferred voting as a class;

Preferred Terms. Adversely alter, modify or change the terms, rights, preferences or privileges of the shares of the Series D Preferred or amend, alter or repeal any provision of this Certificate of Incorporation or any provision of the Bylaws of the Corporation in any manner that would favorably affect the rights, powers, preferences or privileges of, or restrictions, qualifications or limitations on, any other series of Preferred without similarly favorably affecting the rights, powers, preferences or privileges of, or restrictions, qualifications or limitations on, the Series D Preferred; provided however, that any Excluded Action shall not be deemed to adversely alter or change the rights, preferences or privileges of the Series D Preferred and therefore shall not require the approval of the Series D Preferred voting as a class; or

Preferred Terms. 3.1 As partial consideration for MDS entering into the Merger Agreement and for adding value through increased market exposure of Xenogen Products and Services and Xenogen Technology, MDS and its Affiliates may purchase or license Xenogen Products and Services at Xenogen`s regularly published or quoted commercial prices for North America, less a discount of ***, in all cases only for its Normal Commercial Purposes and use in the Field. However, in no case shall MDS and its Affiliates be required to pay more per item, service, or license than any other similarly situated customer of Xenogen (similarly situated means a customer that purchases substantially the same volume of a particular product or service from Xenogen as does MDS). All of the foregoing shall be accomplished pursuant to Xenogen's then-existing purchase order forms and license agreements, the terms of which shall govern the subject transactions; provided that those terms include the discount granted by this Section 3. 3.2 It is acknowledged that Xenogen shall promptly advise MDS of all new Xenogen Products and Services discovered or developed by Xenogen or its Affiliates after the date hereof during the term of this Agreement, and such new products and services shall be included within Xenogen Products and Services for purposes of this Section 3. It is further acknowledged that, after the Effective Date, Xenogen Products and Services will include products and services from Xenogen's Controlled Affiliates' which are intended for use in conjunction with Xenogen Services and Products for use in the Field.

Preferred Terms. In the event the indenture governing the Senior Subordinated Notes and/or the Senior Subordinated Notes include, at any time, terms more favorable to the holders of the Senior Subordinated Notes than the Holders, this Agreement and the Notes shall be promptly modified by the parties hereto to include such favorable terms.

Preferred Terms. 8.1 FB will not apply, enforce, or develop its general policies (including, but not limited to, the SRR) and algorithms for the purpose of [*] on the Facebook Site. 8.2 Throughout the Term, FB will make available to any Covered Zynga Games on the Facebook Site [*] provided that such requirements were imposed by FB in good faith, and provided further that Zynga shall have thirty (30) days to comply with such requirements (except as set forth below in the last sentence of this Section 8.2), measured from the date on which [*] in connection therewith. Notwithstanding the foregoing notice requirement, in no case will FB be required to [*] FB will not intentionally withhold requirements with the primary purpose of avoiding its obligations under this Section 8.2. FB shall not be in breach of this Section 8.2 in the event a [*]. 8.3 Notwithstanding anything to the contrary set forth in Section 4.b.(ii)(4) of Addendum No. 1, the amount of the service fee described in the Facebook Credits Terms that FB charges to Zynga at any given time to redeem Facebook Credits on the Facebook Site shall be [*] 30% per each Facebook Credit redeemed; [*]. 8.4 Zynga shall provide FB with notice if it reasonably believes that FB has violated any of the provisions set forth in this Section 8, and FB will have fifteen (15) days after its receipt of such notice to cure such breach (unless FB invokes the Escalation Process during such time period in which case FB shall have thirty (30) days after its receipt of such notice to cure such breach) and will not be liable for any damages related to such breach during such period. [*] 8.5 Notwithstanding anything to the contrary set forth in the SRR (whether as of the Addendum No. 2 Effective Date or thereafter) or this Addendum No. 2, but without limiting Zynga’s obligations under Addendum No. 1 and subject to FB’s generally applicable policies, procedures and payment terms related to advertisements, Zynga may include sponsored game elements (e.g. a virtual good or promotion that is sponsored by a third party, such as a McDonald’s blimp within the game board) on the Facebook Site, but solely in a Covered Zynga Game (unless otherwise permitted under the SRR); provided, however, that a substantially similar sponsored game element is already included in the instantiation of such Covered Zynga Game available on the Zynga Property. [*] For the avoidance of doubt, the foregoing sentence shall not prevent Zynga from offering advertisements as may be...

Preferred Terms. In addition to an overall presentation of AEs, reports will be generated for serious AEs. AEs leading to study discontinuation will be identified. Individual subject listings will be provided, as necessary. Individual subject listings will be provided for AEs that occur after signing informed consent but prior to exposure to study lens care solutions. Each biomicroscopy parameter will be tabulated by its grade. For each biomicroscopy parameter, counts and percentages of eyes that experience an increase of ≥ 2 grades from baseline to any subsequent visit will be presented. Baseline is defined as Visit 1. A supportive listing will be generated which will include all biomicroscopy data from the affected visit for those eyes experiencing the increase of ≥ 2 grades, with the following variables: lens care solution, Investigator, subject, age, sex, visit, eye, parameter, baseline value, and value at the visit.‌‌‌ Two listings (prior to exposure of investigational products, and treatment-emergent) of device deficiencies, as recorded on the Device Deficiency Form, will be provided. Additionally, each device deficiencies category will be tabulated. No inferential testing will be done for safety analysis.

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