Section 8A Sample Clauses

Section 8A. Section 8(a) of the Credit Agreement is hereby amended and restated to read in its entirety as follows:

Section 8A. 4 Limitation on Resignation of the Backup Servicer................................76 SECTION 8A.5 Rights in Respect of the Backup Servicer........................................76 SECTION 8A.6 Termination.....................................................................76 SECTION 8A.7 Resignation or Termination of Backup Servicer...................................77 SECTION 8A.8 Backup Servicing Fee............................................................77 SECTION 8A.9 Indemnity.......................................................................77 SECTION 8A.10

Section 8A. 4. Limitation on Resignation of the Backup Servicer..............72

Section 8A. The Term of the Agreement shall be extended to December 31,

Section 8A of the Principal Agreement shall be deleted and the following shall be substituted therefor: “In consideration for the License granted herein, and during the Payment Term, CORPORATION shall make the following payments to SAMSF: (i) With respect to each Licensed Product, CORPORATION shall pay to SAMSF a royalty of *** of Net Sales of CORPORATION and a royalty of *** of Net Sales of each sublicensee of CORPORATION, provided always as follows: (A) If at any time on or after January 1, 2009 any Licensed Product is in clinical development for any disease indication, but no Licensed Product is then being sold commercially as an approved drug, CORPORATION shall pay an annual minimum royalty payment of fifty thousand dollars ($50,000) or a proportionate part thereof for the relevant part of the first applicable year if such condition is satisfied after January 1 in such year. (B) If at any time on or after January 1, 2009 there is no Licensed Product in clinical development for any disease indication and/or if at any time on or after January 2009 any Licensed Product is being sold commercially as an approved drug, CORPORATION shall pay an aggregate annual minimum royalty payment of one hundred and fifty thousand dollars ($150,000) or a proportionate part thereof for the relevant part of any applicable year if the condition contained in paragraph A above or the second condition contained in this paragraph (B) is satisfied after January 1 in such year. (C) All minimum royalty payments shall be credited against the percentage royalty payable with respect to Net Sales for the year for which the minimum royalty is due but may not be credited against any percentage royalties payable in respect of Net Sales in any other year. (D) Minimum royalty payments shall be made as specified in Section 8b. hereof except that, if the royalty payments based on Net Sales paid pursuant to Section 8.a. hereof for the first six (6) months of the year exceed the minimum royalty payment for that year, no further minimum royalty payment shall be made for that year. (E) CORPORATION shall inform SAMSF in writing of the Date of First Commercial Sale with respect to each Licensed Product in each country as soon as practicable after such First Commercial Sale is made. (ii) CORPORATION shall make the following further payments to SAMSF: (A) In connection with Alzheimer’s Disease (“AD”), subject to the provisions of Sections 8(a)(ii)(C), (D) and (E) hereof: (1) On the execution of this Amendment, ...

Section 8A. Organization...................................................................................47

Section 8A. 3.2 is hereby amended to add the following sentence at the end thereof: “Upon the retirement of each of Units 1, 2 and 3, this Section 8A.3.2 shall be of no force and effect.”

Section 8A. Section 8(a) of the CEO Agreement shall be amended as follows: (i) by deleting the reference in the first sentence to “Section 7(a)(vi)” and replacing it with “Sections 7(a)(vi) and 7(g)(v)”; (ii) by deleting the reference in the fourth sentence to “Section 7(a)(i) - (v)” and replacing it with “Sections 7(a)(i) - (v) and 7(g)(i) - (iv)”; and (iii) by deleting the reference in the fourth sentence to “Section 7(a)(vi)” and replacing it with “Sections 7(a)(vi) and 7(g)(v)”.

Section 8A. 4.4 of the Participation Agreement currently requires each Participant to accumulate Termination Funds over "the remaining license term (as specified in the original license issued for each Generating Unit . . . ." (emphasis added)