Right of Election Sample Clauses

Right of Election. Except as otherwise expressly provided herein to the contrary, the Participant (or his or her Beneficiary in the case of the Participant’s death, or his or her legal representative in the case of the Participant’s Disability) shall have the sole right and discretion to elect the method of payment of the Participant’s Nonforfeitable Accrued Benefit, as long as the method of payment selected is one of the methods described in subsection (c), and otherwise complies with the provisions and requirements of Section 6.1 and any other applicable provisions of the Plan. With respect to the election of a method of payment authorized under subsection (c)(5), the Participant (or his or Beneficiary in the case of the Participant’s death, or his or her legal representative in the case of the Participant’s Disability) shall have the right and discretion to elect such a method of payment, but any such method of payment so elected must be approved by the Plan Administration Committee and must otherwise comply with the provisions and requirements of Section 6.1 and any other applicable provisions of the Plan. In granting or denying its approval of any such method of payment so elected under the provisions of subsection (c)(5), the Plan Administration Committee shall not unreasonably withhold its approval and shall act in a non- discriminatory manner.
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Right of Election. Upon completion of the Company's data analysis of Phase IIb trials in the United States for the initial indication of the Compound, the Company shall furnish written notice of such completion to PNU, together with a written summary of the results thereof and, upon PNU's written request, all written documentation reasonably necessary for PNU to review and evaluate such data analysis and the results thereof (such summary or documentation, as the case may be, "Documentation"); provided, however, that PNU may request and the Company shall provide PNU within 30 days, any then-existing data (to the extent available and whether or not Phase IIb trials in the United States have then been completed) at such earlier time as PNU shall request. PNU shall have the right to elect, upon the earlier of (1) thirty (30) days of receipt of then-existing data (unless waived) following its request, and (2) within ninety (90) days after receipt of Documentation (or waiver by PNU of receipt of such data or Documentation), to participate in the further development and/or marketing of the Compound in any country in the world pursuant to one of the following two options: (i) PNU may elect, in its sole discretion, to have the exclusive right pursuant to a license under the Licensed PNU Patent Rights, PNU Know-How, Company Know-How, Company Patent Rights and Assigned PNU Patent Rights (all of the foregoing, including all inventions, discoveries and improvements under the Control of the Company relating to each of the foregoing, the "Covered IP") to develop, make, have made, import, use and sell, including the right to grant sublicenses under these rights, the Licensed Products in any country in the world. The Company covenants and agrees that for so long as there shall be a right of election under this clause (i) the Company shall not sell, assign, license, sublicense or otherwise transfer any of the Covered IP to any Person other than PNU or its designated Affiliate. In the event that PNU makes any election pursuant to this clause (i) of Section 3.3, the Company shall promptly deliver to PNU all reasonable and customary documentation and reaffirmations regarding such licenses as PNU shall request from time to time. (ii) PNU may elect in its sole discretion not to participate in the licensing, development or marketing of the Licensed Products with respect to any country in the world." 2. Section 3.4 of the Original Agreement is hereby amended to read in its entirety as follows:
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Right of Election. In the event that ELAN obtains ANDA approval by the FDA covering Product A, PRI shall have the right to elect, by written notice to ELAN and the payment to ELAN of [****], to include Product A as a "Licensed Product". In the event that PRI, makes such election, the provisions of the Amended Distribution Agreement will be reinstated with respect to Product A on the terms and conditions provided therein as of the date hereof.
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Right of Election. Upon completion of the Company's data analysis of Phase IIb trials in the United States for the initial indication of the Compound, the Company shall furnish written
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Right of Election. The right to elect to take against any present or future Last Will and Testament or Codicil of the other party pursuant to Estates, Powers and Trusts Law [of New York] (EPTL) § 5-1.1-A, and by law amendatory thereof, or supplemental or similar thereto.
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Right of Election. BY EXECUTIVE TO ARBITRATE OR SUE.................21 THIRD-PARTY STAKEHOLDER............................................21
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Right of Election. Licensor hereby grants to Licensee a right of election to license and exploit the Intellectual Property. Such right of election shall run for a period of twelve months from the date of this Agreement. If Licensee does not notify the Licensor in writing of its exercise of the right of election within the twelve month period, this Agreement shall expire and be deemed null and void.
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Related to Right of Election

  • Notification of Election When the Notification of Election was filed with the Commission, it (A) contained all statements required to be stated therein in accordance with, and complied in all material respects with the requirements of, the 1940 Act and (B) did not include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.

  • Notice of Election To make the election set forth in Section 7.03(A), the Company must send to the Holders, the Trustee and the Paying Agent, before the date on which each Reporting Event of Default first occurs, a notice that (i) briefly describes the report(s) that the Company failed to file with the SEC; (ii) states that the Company is electing that the sole remedy for such Reporting Event of Default consist of the accrual of Special Interest; and (iii) briefly describes the periods during which and rate at which Special Interest will accrue and the circumstances under which the Notes will be subject to acceleration on account of such Reporting Event of Default.

  • 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.

  • Right of Revocation Guarantor understands and agrees that Guarantor may revoke its future obligations under this Guaranty at any time by giving Bank written notice that Guarantor will not be liable hereunder for any indebtedness or obligations of Borrower incurred on or after the effective date of such revocation. Such revocation shall be deemed to be effective on the day following the day Bank receives such notice delivered either by: (a) personal delivery to the address and designated department of Bank identified in subparagraph 1(a) above, or (b) United States mail, registered or certified, return receipt requested, postage prepaid, addressed to Bank at the address shown in subparagraph 1 (a) above. Notwithstanding such revocation, Guarantor shall remain liable on its obligations hereunder until payment in full to Bank of (x) all of the Guaranteed Indebtedness that is outstanding on the effective date of such revocation, and any renewals and extensions thereof, and (y) all loans, advances and other extensions of credit made to or for the account of Borrower on or after the effective date of such revocation pursuant to the obligation of Bank under a commitment or agreement made to or with Borrower prior to the effective date of such revocation. The terms and conditions of this Guaranty, including without limitation the consents and waivers set forth in paragraph 7 hereof, shall remain in effect with respect to the Guaranteed Indebtedness described in the preceding sentence in the same manner as if such revocation had not been made by Guarantor.

  • Notice of Elections To make an election pursuant to this Section, the Borrower shall notify the Administrative Agent of such election by telephone by the time that a Borrowing Request would be required under Section 2.03 if the Borrower were requesting a Borrowing of the Type resulting from such election to be made on the effective date of such election. Each such telephonic Interest Election Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Interest Election Request in a form approved by the Administrative Agent and signed by the Borrower.