Earnout Products definition

Earnout Products means the Data Center Products; provided that, for the avoidance of doubt, in no event shall Earnout Products include (i) any products owned by Purchaser or its Affiliates as of immediately prior to the Closing or (ii) any products acquired by Purchaser or its Affiliates as a result of the acquisition of any Person after the Closing.
Earnout Products means products sold by any Selling Person that are intended to be used with the instruments that are covered by the Purchased Intellectual Property.
Earnout Products means the Prolieve Products and all improvements, enhancements, derivatives, and iterations thereto by Buyer or its Affiliates after the Closing Date.

Examples of Earnout Products in a sentence

  • 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.

  • During the Earnout Period, Buyer shall pay Seller additional contingent payments (the “Earnout Payments”) based on FDA approval of any Purpura Product and Net Sales of the Earnout Products.

  • For purposes of this Agreement, “Integrated Earnout Products” shall mean Earnout Products sold during an Earnout Period which have been integrated into products of the Parent.

  • Buyer shall pay to Seller a royalty in an amount equal to [***] of Net Sales of the Earnout Products (the “Royalty”).

  • Buyer shall provide to Seller, within [***] after the end of each Calendar Quarter, a report showing: (a) the Net Sales of the Earnout Products by country; (b) the basis for any deductions from gross invoiced or billed sales to determine Net Sales; and (c) the exchange rates used in calculating any of the foregoing.


More Definitions of Earnout Products

Earnout Products shall have the meaning set forth in Section 2.8(a)(iii).
Earnout Products means any of the following products or services offered by Buyer after the Closing, whether as standalone products or as integrated into or incorporated into other products:
Earnout Products. Section 5.1. “Earnout Revenues” - Section 5.2. “Employment Agreements” - Section 3.2.6. “High Sales Rate” - Section 7.1. “Holdback Amount” - Section 4.2.1. “Individual’s G3 Shares” - Section 2.1. “Material Claim” - Section 16.1. “Nominal Earnout Price” - Section 5.3.2. “Noncompetition Agreements” - Section 3.2.7. “Owned Rights” - Section 10.14. “Pre-Closing G3 Products” - Section 5.1. “Purchase Consideration” - Section 4.1. “Rate Step” - Section 7.1. “Representatives” - Section 5.7. “Scheduled Rights” - Section 10.14. “SEC” - Section 7.7.2. “Securities Act” - Section 7.7. “Seller Indemnitees” - Section 16.3. “Stock Consideration” - Section 4.1. “Sub” - Recital “B”.
Earnout Products has the meaning ascribed thereto in Section 2.01(g)(vii).
Earnout Products has the meaning set forth in Schedule 2.4(d).
Earnout Products has the meanings set forth in Section 3.3(a).
Earnout Products means (A) the Company’s current Tidal Assist Ventilation (“TAV”) product, including SideKick TAV devices, TAV interfaces, TAV accessories and related consumables (each, a “Current Product”), (B) any other ventilation product, including devices, interfaces, accessories, and related consumables, that (1) is derived from or incorporates substantially the same underlying technology as a Current Product or (2) is covered by a Valid Claim, or (C) any hardware or software upgrade to the products included in (A) and (B) above, and any related interfaces, accessories, and related consumables.