Earnout Product definition

Earnout Product means any Product the Marketing Authorization for which references or incorporates safety, efficacy or manufacturing data included within any Assigned Regulatory Materials and Authorizations transferred to MSB hereunder, other than the mere citation of publicly available data as part of a general literature review of the stem cell field.
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Earnout Product means any of (i) the RHOFADE Product, (ii) any product containing oxymetazoline as an active pharmaceutical ingredient that is indicated for the treatment of facial redness due to rosacea (other than the RHOFADE Product), the manufacture, use for such indication, or sale of which would be Covered by a claim of an issued Patent, or pending Patent application, within any of the Assigned Patents or the RHOFADE Licensed Patents, or (iii) any oxymetazoline hydrochloride 1% cream that is indicated for the treatment of purpura, the manufacture, use for such indication or sale of which would be Covered by a claim of an issued Patent or Patent application within any of the Assigned Patents.
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Earnout Product means any Oxymetazoline Earnout Product or Purpura Product.
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Examples of Earnout Product in a sentence

  • Following the first commercial sale of an Earnout Product and during the Earnout Period, MSB shall provide to OTI a written report for each calendar year showing the Net Sales during such calendar year and the Earnout payable under this Section 3.2 in sufficient detail to allow OTI to verify the amount of Earnout paid by MSB with respect to such calendar year.

  • For purposes of this Agreement “Bundled Earnout Products” shall mean an Earnout Product sold during an Earnout Period, where products of the Parent and Earnout Products are sold in combination as a unique and single SKU.

  • Additional Payments shall be reduced in any quarter by the amount of any Additional Payment previously credited or paid with respect to License Revenue or Qualifying Services Revenue from any Earnout Product or services engagement that is returned, canceled or adjusted by Buyer, or deemed uncollectible by Buyer in accordance with GAAP, in that quarter ("Canceled License Revenue") and Buyer may deduct and offset any Canceled License Revenue from payments otherwise due to Sellers under this Agreement.

  • The Additional Payment for the Company Shares with reference to each copy of an Earnout Product Licensed by a Third Party Licensor as an individual product shall be an amount equal to the License Revenue invoiced by Buyer (or any of its Affiliates) to such Third Party Licensor in connection with such transaction, multiplied by the applicable Earnout Rate.

  • The term “Earnout Component” shall mean any Earnout Product or a portion of an Earnout Product.

  • The Additional Ex-U.S. Consideration shall only be paid until, on a product-by-product and country-by-country basis, the expiration of the last to expire Valid Claim that Covers the applicable Earnout Product in the applicable country in the Ex-U.S. Territory.

  • In addition to the amounts payable under Section 3.1, Purchaser shall pay to Seller two percent (2%) of Net Sales of each Earnout Product (the “Earnout”) until the later of: (a) expiration of the last to expire Valid Claim among the Patent Rights; and (b) ten (10) years after the first commercial sale of any Earnout Product (the “Royalty Term”).

  • The Additional Payment for the Company Shares with reference to each copy of an Earnout Product Licensed by Buyer (or an Affiliate of Buyer) as an individual product shall be an amount equal to the License Revenue invoiced by Buyer (or any of its Affiliates) for such Earnout Product, multiplied by the applicable Earnout Rate.

  • Following first commercial sale of an Earnout Product and for so long as an Earnout is due to Seller, the Purchaser shall provide to the Seller a written report for each calendar quarter showing the Net Sales during such calendar quarter and the Earnout payable under this Section 3.2 in sufficient detail to allow the Seller to verify the amount of Earnout paid by the Purchaser with respect to such calendar quarter.

  • If an Earnout Product is not covered by a Valid Claim in any country in which it is being sold, then the Earnout due Seller for such Earnout Product in such country shall be reduced by fifty percent (50%); provided, however, that in no case, shall the royalty due under Section 3.2 be reduced by more than 50% of the amount that would otherwise be due.


More Definitions of Earnout Product

Earnout Product means each of the EGEN-001 Ovarian Cancer Product, the EGEN-001 GBM Product, the TheraSilence License Product and the TheraSilence Development Product.
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Earnout Product means any product, the manufacture, use, sale or importation of which is covered by any Valid Claim of the Patent Rights or that materially incorporates any Know-How owned or licensed by the Company that is acquired by Purchaser hereunder or any improvement thereto or derivative thereof, which improvement or derivative does not require the filing of a new Product IND.
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Earnout Product means EraScan PC, EraTest PC and EraFix PC as more particularly described in Section 3.10.1 of the Disclosure Schedule and all Derivations thereof for the Year 2000 Market; provided, however, that Earnout Product does not include any other product or service of Buyer, any Affiliate of Buyer or any Third Party Licensor, including but not limited to any Derivations of EraScan PC, EraTest PC or EraFix PC that are developed or marketed for applications other than the Year 2000 Market, including without limitation applications relating to Euro conversion.
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Earnout Product means each and all of the following: (a) Zenpep; and (b) Products (including in co-formulation with any other product or as part of a Combination Product).
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Related to Earnout Product

  • Marihuana-infused product means a topical formulation, tincture, beverage, edible substance, or similar product containing marihuana and other ingredients and that is intended for human consumption.

  • New Product means the Synology-branded hardware product and Synology-branded accessories contained in the original packaging Customer bought from an authorized Synology distributor or reseller. You may see our “New Product” at Product Support Status.

  • Finished Product means a cannabis product in its final form to be sold at a retail premises.

  • complex product means a product which is composed of multiple components which can be replaced permitting disassembly and re-assembly of the product.

  • Hemp product means the same as that term is defined in § 3.2-4112.

  • Royalty Product means, either (a) an Alnylam Royalty Product, or (b) an Inex Royalty Product.

  • Milk product or "dairy product" means cottage cheese, dry curd cottage cheese, reduced fat cottage cheese, lowfat cottage cheese, cream, light cream, light whipping cream, heavy cream, heavy whipping cream, whipped cream, whipped light cream, sour cream, acidified sour cream, cultured sour cream, half-and-half, sour half-and-half, acidified sour half-and-half, cultured sour half-and-half, reconstituted or recombined milk and milk products, concentrated milk, concentrated milk products, skim milk, lowfat milk, frozen milk concentrate, flavored milk, eggnog, buttermilk, cultured milk, cultured lowfat milk, cultured skim milk, yogurt, lowfat yogurt, nonfat yogurt, acidified milk, acidified lowfat milk, acidified skim milk, low-sodium milk, low-sodium lowfat milk, low-sodium skim milk, lactose-reduced milk, lactose-reduced lowfat milk, lactose-reduced skim milk, aseptically processed and packaged milk, milk products with added safe and suitable microbial organisms, and any other milk product made by the addition or subtraction of milkfat or addition of safe and suitable optional ingredients for protein, vitamin, or mineral fortification. Unless a product is considered a milk product under this subdivision, milk product does not include dietary products, infant formula, ice cream or other desserts, cheese, or butter. Milk products include the following:

  • Non-Microsoft Product means any third-party-branded software, data, service, website or product, unless incorporated by Microsoft in a Product.

  • Bulk Product means Licensed Product supplied in a form other than Finished Product which can be converted into Finished Product.

  • Finished Products means any one or more of the following petroleum oils, or a mixture or combination of these oils, to be used without further processing except blending by mechanical means:

  • Approved Product means any water fitting, plumbing product, material or component which is the subject of an existing WRAS Approval;

  • Licensed Product means a product or part of a product in the Licensed Field of Use: (A) the making, using, importing or selling of which, absent this license, infringes, induces infringement, or contributes to infringement of a Licensed Patent; or (B) which is made with, uses or incorporates any Technology.

  • Aerosol coating product means a pressurized coating product containing pigments or resins that dispenses product ingredients by means of a propellant, and is packaged in a disposable can for hand-held application, or for use in specialized equipment for ground traffic/marking applications.

  • Spray buff product means a product designed to restore a worn floor finish in conjunction with a floor buffing machine and special pad.

  • Hemp products means all products made from industrial hemp,

  • Aerosol Product means a pressurized spray system that dispenses product ingredients by means of a propellant contained in a product or a product's container, or by means of a mechanically induced force. “Aerosol Product” does not include “Pump Spray.”

  • Nicotine product means a product that contains nicotine and is not any of the following:

  • Licensed Products means tangible materials which, in the course of manufacture, use, sale, or importation, would be within the scope of one or more claims of the Licensed Patent Rights that have not been held unpatentable, invalid or unenforceable by an unappealed or unappealable judgment of a court of competent jurisdiction.

  • Edible cannabis product means cannabis product that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. An edible cannabis product is not considered food, as defined by Section 109935 of the Health and Safety Code, or a drug, as defined by Section 109925 of the Health and Safety Code.

  • New Products means any product which is not an Enhanced Product or 2 Existing Product but which is substantially similar to an Existing Product with respect to design and function and possesses reasonable performance improvements. If Company desires to purchase an Enhanced or New Product(s) from Supplier, Company shall so notify Supplier and provide Supplier the opportunity to manufacture such Enhanced or New Product(s), subject to the following conditions and procedures.

  • Bundled Product means Product sold together with any other product(s) or service(s) at a single unit price, whether packaged together or separately, and which other product(s) or service(s) have material independent value from Product itself.

  • Collaboration Product means a pharmaceutical product containing or comprising Compound in any dosage form alone, or in combination with, one or more other pharmaceutically active ingredients, and any and all Improvements thereto.

  • Generic Product means a product which (a) contains as its active pharmaceutical ingredient a compound that is (or is substantially the same as) the Licensed Compound, and (b) has been placed on the market pursuant to a validly granted marketing authorization.

  • Marijuana-infused products means products that contain marijuana or marijuana extracts and are intended for human use. The term "marijuana-infused products" does not include useable marijuana.

  • Tobacco product manufacturer means an entity that after the date of enactment of this Act directly (and not exclusively through any affiliate):

  • Diagnostic Product means any test or assay for diagnosing or detecting a disease, disorder, medical condition, or symptom.