Common use of Effect of Acquisition Clause in Contracts

Effect of Acquisition. Notwithstanding Section 10.2, each Party acknowledges that the other Party (the “Concerned Party”) may be acquired or merge with a Third Party or acquire a Third Party during the Term of this Agreement (such transaction, an “Acquisition Transaction”, and such Third Party, the “Acquiror” or “Acquiree”). In such event, if the Acquiror or Acquiree (or a Third Party that is an Affiliate of such Acquiror or Acquiree prior to and following the date of such Acquisition Transaction) was Researching, Developing, Manufacturing or Commercializing one or more Competing Research Product(s) or Competing Collaboration Products prior to the closing of such Acquisition Transaction (each an “Acquired Competing Product”), subject to the Concerned Party’s compliance with this Section 10.3, such Concerned Party shall be deemed not to be in breach of Section 10.2:

Appears in 3 contracts

Samples: License and Collaboration Agreement (Pieris Pharmaceuticals, Inc.), Confidential Treatment Requested (Pieris Pharmaceuticals, Inc.), Confidential Treatment Requested (Pieris Pharmaceuticals, Inc.)

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Effect of Acquisition. Notwithstanding Section 10.26.2.1, each Party acknowledges that the other Party (the “Concerned Party”) may be acquired or merge with a Third Party or acquire a Third Party during the Term of this Agreement (such transaction, an “Acquisition Transaction”, and such Third Party, the “Acquiror” or “Acquiree”). In such event, if the Acquiror or Acquiree (or a Third Party that is an Affiliate of such Acquiror or Acquiree prior to and following the date of such Acquisition Transaction) was Researching, Developing, Manufacturing or Commercializing one or more Competing Research Product(s) or Competing Collaboration Products prior to the closing of such Acquisition Transaction (each an “Acquired Competing Product”), subject to the Concerned Party’s compliance with this Section 10.36.2.2, such Concerned Party shall be deemed not to be in breach of Section 10.26.2.1:

Appears in 1 contract

Samples: License and Collaboration Agreement (Pieris Pharmaceuticals, Inc.)

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Effect of Acquisition. Notwithstanding Section 10.2Sections 8.2.1–8.2.3, each Party acknowledges that the other Party (the “Concerned Party”) may be acquired by or merge with a Third Party or acquire a Third Party during the Term of this Agreement (such transaction, an “Acquisition Transaction”, and such Third Party, the “Acquiror” or “Acquiree”). In such event, if the Acquiror or Acquiree (or a Third Party that is an Affiliate of such Acquiror or Acquiree prior to and following the date of such Acquisition Transaction) was Researching, Developing, Manufacturing or Commercializing one or more Competing Research Product(s) or Competing Collaboration Products prior to the closing of such Acquisition Transaction (each an “Acquired Competing Product”), subject to the Concerned Party’s compliance with this Section 10.38.2.4, such Concerned Party shall be deemed not to be in breach of Section 10.2Sections 8.2.1–8.2.3:

Appears in 1 contract

Samples: Confidential Treatment (Pieris Pharmaceuticals, Inc.)

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