Reverted Product definition

Reverted Product has the meaning set forth in Section 10.4(c).

Reverted Product means any Product containing any of the following:

Reverted Product has the meaning set forth in Section 10.4(c). Portions herein identified by [*****] have been omitted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934, as amended. A complete copy of this document has been filed separately with the Securities and Exchange Commission.

Examples of Reverted Product in a sentence

• If Biogen Idec fails to use Commercially Reasonable and Diligent Efforts to develop and commercialize a Co- Funded Product, and Biogen Idec shall continue to fail to use Commercially Reasonable and Diligent Efforts to develop and commercialize such Co-Funded Product for { * } days after written notice thereof from Sunesis, then such Co-Funded Product shall become a Reverted Product.

• Sunesis shall use Commercially Reasonable and Diligent Efforts to develop and commercialize each Reverted Product.

• Sunesis agrees to keep Biogen Idec fully informed regarding the development and commercialization activities with respect to each Reverted Product, including by providing Biogen Idec with reports at least quarterly regarding ongoing activities being undertaken with respect to Reverted Products.

• EXECUTION VERSION 2.3 Sunesis shall cooperate fully with Biogen Idec upon Biogen Idec’s request to assign to Biogen Idec, or otherwise secure for Biogen Idec the benefits of, any arrangement between Sunesis and a Third Party related to the research, development, production or exploitation of such Reverted Product, including without limitation clinical research agreements, manufacturing and supply agreements and distribution agreements.

• VIA covenants that promptly upon such termination it and its Affiliates and former sublicensees hereunder shall cease to sell, and thereafter shall not sell, any Reverted Product in the Reverted Territory prior to three (3) years after the effective date of termination.

More Definitions of Reverted Product

Reverted Product means all CTMs, Target Binders, Standalone Target Binders and Development Candidates (and backups thereto) that are Directed To a Reverted Target, but in each case excluding any [*] and any CTMs comprising a [*]; provided, however, for clarity, if the [*] becomes a Reverted Target, then Reverted Products shall include all Collaboration [*] that are: (a) derived by [*] from Target Binders [*]; or (b) identified or developed by [*] using (i) [*] or (ii) [*].

Reverted Product means any Product and Licensed CAR.

Reverted Product has the meaning set forth in Section 10.4(c). 1.49 “SEC” means the United States Securities and Exchange Commission. 1.50 “Sublicensing Revenue” means any cash consideration (including upfront payments, milestone payments, and royalties), and the cash equivalent of all other consideration, actually received by ZIOPHARM or its Affiliate from a Third Party in consideration for a grant of a sublicense under the Intrexon IP or any rights to develop or commercialize ZIOPHARM Products, but excluding: (a) any amounts paid as bona fide reimbursement for research and development costs to the extent incurred following such grant; (b) bona fide loans or any payments in consideration for a grant of equity of ZIOPHARM to the extent that such consideration is equal to or less than fair market value (i.e. any amounts in excess of fair market value shall be Sublicensing Revenue); or (c) amounts received from sublicensees in respect of any ZIOPHARM Product sales that are included in Net Sales. 1.51 “Superior Therapy” means a cancer therapy in the Field that, based on the data then available, (a) demonstrably appears to offer superior efficacy, safety or cost, as compared with both (i) those therapies that are marketed (either by ZIOPHARM or others) at such time for a given cancer indication and (ii) those therapies that are being actively developed by ZIOPHARM for such cancer indication; (b) demonstrably appears to represent a substantial improvement over such existing therapies; and (c) has intellectual property protection and a regulatory approval pathway that, in each case, would not present a significant barrier to commercial development. 1.52 “Support Memorandum” has the meaning set forth in Section 11.2. 1.53 “Third Party” means any individual or entity other than the Parties or their respective Affiliates. 1.54 [*****]. 1.55 “Third Security” means Third Security, LLC. 5 1.56 “Territory” means the entire world. 1.57 “US GAAP” means generally accepted accounting principles in the United States. 1.58 “Working Group” has the meaning set forth in Section 2.3(d). 1.59 “ZIOPHARM Indemnitees” has the meaning set forth in Section 9.1. 1.60 “ZIOPHARM Product” means any product in the Field that is created, produced, developed, or identified directly or indirectly by or on behalf of ZIOPHARM during the term of this Agreement, whether through use or practice of Intrexon Channel Technology or the Intrexon Materials or otherwise, including, without limitation, any products that a...

Reverted Product means any Licensed Product containing (or that is) a Licensed Antibody for which: [***]. Notwithstanding the foregoing, if a Licensed Product described in the immediately preceding sentence is a Combination Product, a product containing only the Licensed Antibody within such Combination Product shall be deemed a Reverted Product, but the Combination Product shall not be deemed a Reverted Product.

Reverted Product shall have the meaning assigned to it in Section 12.3(d)(i).

Reverted Product means any and all of the following: (a)(i) a Program Antibody or Program Antisense Compound that acts through a Reverted Target, or (ii) a Program Protein that is encoded by a Reverted Target, including, in each such case, any such Program Antibody, Program Antisense Compound or Program Protein that had been selected by Schering-Plough for Development as a Collaboration Product; and (b) any other Antibody, Antisense Compound or Protein that is claimed in a Program Patent Right and that has been developed or acquired by Lexicon after such target has been designated a Reverted Target.

Reverted Product means a Licensed Product (a) [*] and (b) that is required to be reverted to Kosan in accordance with Section 12.8.