Definition of Recall and Seizure Sample Clauses

Definition of Recall and Seizure. For purposes of this Section 9, “Recall” shall mean any action by Cempra and/or its Affiliates or licensees to recover title or possession or halt distribution, prescription or consumption of Drug Products sold or shipped to Third Parties by Cempra or its Affiliate or licensee, including any market withdrawal. The term “Recall” also applies to Drug Product which would have been subject to recall or withdrawal if it had been sold or shipped. “Seizure” shall mean any action by the MHLW or other Regulatory Authority or governmental agency or authority of competent jurisdiction to detain or destroy API or Final Products or prevent the distribution, prescription, consumption or release of any API or Final Products.
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Definition of Recall and Seizure. For purposes of this Article 12, "Recall" shall mean any action by Genta or any Genta Partner, or any Affiliate or subsidiary of Genta or any Genta Partner, to recover title to or possession of Genta Product sold or shipped to Third Parties. The term "Recall" also includes the failure by Genta or any Genta Partner to sell or ship Genta Product to Third Parties which would have been subject to recall if it had been sold or shipped. For purposes of this Article 12, "Seizure" shall mean any action by any Governmental Authority to detain or destroy Genta Product. For the purposes of this Article 12, neither "Recall" nor "Seizure" shall mean any actions taken by Genta that are solely related to nonpayment or contract issues and are not related to any toxicity, safety, efficacy or Regulatory-related issues.
Definition of Recall and Seizure. For purposes of this Article 9, “Recall” shall mean any action by HemoSense, or any Affiliate of HemoSense, to recover title to or possession of HemoSense Product sold or shipped to third parties. The term “Recall” also includes the failure by HemoSense to sell or ship HemoSense Product to third parties who would have been subject to recall if it had been sold or shipped. For purposes of this Article 9, “Seizure” shall mean any action by any governmental authority to detain or destroy HemoSense Product. For *** Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission. purposes of this Article 9, neither “Recall” nor “Seizure” shall include any actions taken by HemoSense that are solely related to nonpayment or contract issues and are not related to any toxicity, safety, efficacy or Regulatory-related issues.
Definition of Recall and Seizure. For purposes of this Agreement, “recall” shall mean any action by Company or any Affiliate or subsidiary of Company to recover title to or possession of Product sold or shipped to third Parties, including, but not limited to, any recalls, withdrawals or filed corrections, as those terms are defined under the laws and regulations of the FDA. The term “recall” also includes the failure by Company to sell or ship Product to third Parties who would have been subject to recall if it had been sold or shipped. “Seizure” shall mean any action by any Regulatory Authority to detain or destroy Product.

Related to Definition of Recall and Seizure

  • Definition of the Terms “Business Day”, “Affiliate” and “Subsidiary”. For purposes of this Agreement, (a) “business day” means each Monday, Tuesday, Wednesday, Thursday or Friday that is not a day on which banking institutions in New York are generally authorized or obligated by law or executive order to close, and (b) “affiliate” and “subsidiary” have the meanings set forth in Rule 405 under the Securities Act.

  • Definition of Company Solely for purposes of this Article 6, the term "Company" also shall include any existing or future subsidiaries of the Company that are operating during the time periods described herein and any other entities that directly or indirectly, through one or more intermediaries, control, are controlled by or are under common control with the Company during the periods described herein.

  • Definition of Change of Control For purposes of this Agreement, a “Change of Control” will mean the first to occur of:

  • Incorporation of Recitals; Definitions The foregoing recitals are incorporated herein. Capitalized terms not otherwise defined herein shall have the meaning given such terms in the Agreement.

  • Definition of Change in Control For purposes of this Agreement, a “Change in Control” shall mean the occurrence of any of the following events:

  • Incorporation of Recitals; Defined Terms The parties hereto acknowledge that the Recitals set forth above are true and correct in all material respects. The defined terms in the Recitals set forth above are hereby incorporated into this Agreement by reference. All other capitalized terms used herein without definition shall have the same meanings herein as such terms have in the Credit Agreement.

  • Definition of Market Price The market price for any security shall be (i) the market price for that security quoted at the close of the trading day effective on the Bank Closing Date as published electronically by Bloomberg, L.P., or alternatively, at the discretion of the Receiver, by IDC/Financial Times (FT) Interactive Data; (ii) provided that if such market price is not available for such security, the Assuming Institution will submit a written purchase price bid for such security within three days of notification/bid request by the Receiver (unless a different time period is agreed to by the Assuming Institution and the Receiver) and the Receiver, in its sole and absolute discretion, will accept or reject each such purchase price bid; (iii) further provided that in the absence of an acceptable bid from the Assuming Institution, or in the event that a security is deemed essential to the Receiver as determined by the Receiver in its discretion (see Section 3.6 Retention or Repurchase of Assets Essential to the Receiver) such security shall not pass to the Assuming Institution and shall be deemed to be an excluded asset hereunder and listed on Schedule 3.5(l).

  • Definition of Business Day For purposes of this Agreement, “Business Day” means any day on which the Nasdaq Global Select Market is open for trading.

  • Definition of “Knowledge For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the Responsible Officers.

  • Definition of Terms The following terms referred to in this Agreement shall have the following meanings:

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