Negative Covenants of Xxxxxx. From the date of this Agreement until the earlier of the Effective Time or the termination of this Agreement, unless the prior written consent of First Mariner shall have been obtained (which consent will not be unreasonably withheld, conditioned or delayed), and except as otherwise expressly contemplated herein or as set forth in Xxxxxx’x Disclosure Memorandum, Xxxxxx covenants and agrees that it shall not do or agree or commit to do, or permit any of its Subsidiaries to do or agree or commit to do, any of the following:
Negative Covenants of Xxxxxx. From the date of this Agreement until the earlier of the Effective Time or the termination of this Agreement, except as specifically contemplated by this Agreement or as set forth in Section 7.2 of the Xxxxxx Disclosure Memorandum, Xxxxxx covenants and agrees that it will not do or agree or commit to do, or permit any of its Subsidiaries to do or agree or commit to do, any of the following without the prior written consent of Regions, which consent shall not be unreasonably withheld:
Negative Covenants of Xxxxxx. Xxxxxx agrees not to make, have made, use, offer to sell, sell or import Product Inventions that are Baxter Inventions and/or Joint Inventions in connection with the EKR Formulation, except in connection with its obligations under this Agreement, including without limitation the development and manufacturing activities hereunder. In addition, Baxter agrees not to make, have made, use, offer to sell, sell or import Galaxy® bag presentations, or any improved versions thereof, containing the EKR Compound, except in connection with its obligations under this Agreement. Baxter agrees that no Baxter Inventions and/or Joint Inventions developed in the course of the Prior LOI, the Amended LOI and this Agreement may be commercially exploited by either Party outside the Territory.
