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.
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.
