License Effective Date. All licenses elected by Sponsor pursuant to paragraphs B and E of this Section 11 become effective as of the date the Parties sign a separate license agreement.
License Effective Date. All licenses elected by the Company under this section seven will become effective as of the date that the parties sign a subsequent license agreement.
License Effective Date. (a) If the exercise by BMS of the Option does not require the making of HSR Filings under Section 2.4, the License shall become effective on the date that BMS provides the Option Exercise Notice.
(b) If the exercise by BMS of the Option requires the making of HSR Filings under Section 2.4, the License shall become effective on the date of HSR Clearance.
(c) If the exercise by BMS of the Option requires the making of any filings (other than HSR Filings) under Section 2.4, BMS shall not acquire any license hereunder with respect to the portion of the Territory under any reviewing Governmental Authority’s jurisdiction until the date on which: (i) all applicable waiting periods have expired or terminated and (ii) all applicable approvals and/or clearances from such Governmental Authority have been received. For the avoidance of doubt the delay in BMS’s acquisition of its license rights hereunder pursuant to this Section 2.5(c) shall not delay the License Effective Date beyond that set out in Sections 2.5(a) and 2.5(b).
License Effective Date. The date Product is delivered to an Authorized User. Where a License involves Licensee’s right to copy a previously licensed and delivered Master Copy of a Program, the license effective date for additional copies shall be deemed to be the date on which the Purchase Order is executed.
License Effective Date. The Topiramate XR Product License shall become effective on the “License Effective Date,” which shall be the ** of:
i. January 1, 2023;
ii. the date of a ** that is no longer ** to ** (other than a ** to the ** for a ** all of the then ** and ** of the ** that have not ** to be ** or **;
iii. the date of a ** that is no longer ** to ** (other than a ** to the ** for a ** all of the then ** and ** of the ** that have not ** to be ** by a ** that has ** or ** from the **;
iv. the ** date of any ** to the ** that ** to any ** for any **;
v. the date of a ** by any ** of a ** that is the subject of an ** or a **;
vi. the date an ** of an ** is ** by ** or any **;
vii. the date the ** are ** from the ** for **;
viii. the date on which ** an ** for the ** of ** or ** that is not (i) “ ** of ** that can be **” as ** in the ** or (ii) otherwise ** by the **; or
ix. the date that is the ** of (A) the date that is the ** of (i) the ** following the ** of a ** in which the ** of ** during such ** are at least ** than the ** of ** (defined as the ** of ** during any such ** as ** by ** (whether ** or **)) for the ** (defined as the ** in which the ** are **) for the immediately **, (ii) the day following the ** day of a ** that is, on a **, the ** during which the ** for ** has ** at least ** as ** the **, where such ** is as ** by ** for such ** period(s), or (iii) the day following the ** day of any **, ** period during which the ** of ** has declined **, in the **, during such ** period, where such ** is as ** by ** for each of the ** included in such ** and (B) **. The foregoing shall ** in the event such ** in ** can be ** to (i) ** and ** issues (**) or (ii) a ** or **. Supernus shall provide Actavis with prompt written notice of any such ** or ** which may be expected to ** a ** in **.
License Effective Date. The “License Effective Date,” shall be the date which is the earliest of:
(a) The later of February 26, 2024 or, in the event the date of expiration of US Patent No. 7,387,793 is extended under 35 U.S.C. § 154(b) (“Extension of Patent Term”), 21 U.S.C. § 355 (“Pediatric Studies of Drugs”), or under both such provisions of law, the date that is one year earlier than the date of expiration of the patent as extended;
(b) In the event that Anesta and/or Eurand license or authorize any Third Party who is entitled to First to File Exclusivity to sell Generic Equivalent Product in the Territory, on the date immediately following the expiration of any applicable First to File Exclusivity period after that first filer begins the commercial sale of its Generic Equivalent Product;
(c) the same entry date that any Third Party which is not entitled to First to File Exclusivity is licensed or authorized by Anesta and/or Eurand to begin selling Generic Equivalent Product in the Territory;
(d) the date of an At-Risk Launch, provided that the license granted pursuant to this Section 3.2(d) shall only extend for the At-Risk Launch Period, after which Impax shall immediately exit the market unless the license has become effective under another provision of this Section 3.2; and
(e) The date that a Third Party obtains a final, non-appealable judgment of invalidity, unenforceability or non-infringement of all asserted claims of any Orange Book Patents, following the expiration of any applicable First to File Exclusivity period. Anesta and Eurand will notify Impax within ten business days following any settlement with any other defendant that would result in a License Effective Date earlier than that provided in § 3.2(a).
License Effective Date. The License Effective Date for the Lupin Generic Product will be the earliest to occur of:
a) July 1, 2026; or
b) The entry of a Final Decision holding that all of the then-asserted claims of the Licensed Patents excluding foreign counterparts or foreign equivalents thereof against a Generic Product are unenforceable, invalid, or not infringed; or
c) The date on which the latest expiring of the Licensed Patents excluding foreign counterparts or foreign equivalents thereof, that has not been found invalid or unenforceable by a Final Decision, has expired, been permanently abandoned, or delisted from the Orange Book; or
d) […***…]
e) The date on which a Generic Product is first sold in the Territory after the Effective Date by a Third Party other than by Lupin or a First Applicant, but only if the sale of the Generic Product has been authorized or licensed by Plaintiff (directly or indirectly, by way of license, covenant not to xxx, release, or otherwise); or
f) […***…] business days after the date on which Plaintiff receives notice that a Generic Product is first sold in the Territory without authorization from Plaintiff or its Affiliates (by license, sublicense, covenant not to xxx or otherwise) (“Unauthorized Third Party Launch”) after the Effective Date, unless within […***…] business days from receiving such notice (a) Plaintiff moves for a temporary restraining order or preliminary injunction prohibiting any further sale of such Generic Product within the Territory, or (b) Plaintiff enters into an agreement with the Third Party selling such Generic Product to cease and desist from the sale of a Generic Product. If Plaintiff does seek a temporary restraining order or preliminary injunction within such […***…] business day period, the License Effective Date will be deemed to have occurred on the earlier of (X) the date that the application for a temporary restraining order or preliminary injunction is first denied, abandoned or withdrawn (with Lupin’s license to remain effective without regard to later action, judicial or otherwise, on the application), and (Y) […***…] calendar days after the application for a restraining order or preliminary injunction is filed unless a temporary restraining order or preliminary injunction is issued against the Third Party seeking to sell the unauthorized Generic Product before […***…] calendar days after such application (with the understanding that a subsequent re-introduction of such Generic Product or an introductio...
License Effective Date. All licenses elected by the Sponsor pursuant to Sections B.l., B.2., F. and 0. xx this Article 11 become effective as of the ate the parties sign a subsequent license agreement
License Effective Date. All licenses elected by FARDA pursuant to Sections b., e., and f. of this Article 8.3 become effective as of the date the Parties sign a separate license agreement.
License Effective Date. Subject to Section 1(e) below and to the covenants of the Parties set forth in Sections 4(e)- 4(h) below, the License would become effective on the “License Effective Date,” which would be the earliest of:
i. October 27, 2018;
ii. The date of a final court decision that is no longer subject to appeal (other than by a petition for writ of certiorari) holding that all of the then asserted and adjudicated claims of the Patents in Suit are unenforceable, invalid and/or (subject to Section 4(g) below) not infringed;
iii. The date on which a third party, under license from Cephalon, launches a generic product pursuant to an ANDA which refers to FENTORA® as the reference listed drug provided that [**], Cephalon notifies Xxxx of the date on which the third party is permitted to launch said generic product. [**]; and
iv. The date on which Cephalon, its Affiliates, or any third party launches an authorized generic to FENTORA® under the FENTORA® NDA ** Portions of the Exhibit have been omitted and have been filed separately pursuant to an application for confidential treatment filed with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. (“authorized generic”) provided that [**], Cephalon notifies Xxxx of the date on which the third party is permitted to launch said authorized generic product. For the avoidance of doubt, the launch of Xxxx XX Products under Section 1(b) does not amount to a launch by Cephalon, its Affiliates or a third party for purposes of this Section 1(a)(iv).
