Favorable Determination definition

Favorable Determination shall have the meaning set forth in the definition of Determination.
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Favorable Determination has the meaning assigned to such term in Section 4.01.
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Favorable Determination means the earlier to occur of (a) with respect to each claim in U.S. Patent No. 10,716,793 asserted against the Company, a final Non-Appealable Decision of either (i) a U.S. District Court decision that such claim is invalid and/or not infringed by the Existing Yutrepia Product, or (ii) inter partes review of such claim before the Patent Trial and Appeal Board of the United States Patent and Trademark Office that such claim is invalid (with respect to clause (a), so long as there has not been a court decision that the Existing Yutrepia Product infringes at least one valid claim of an Asserted Patent other than U.S. Patent No. 10,716,793), and (b) Regulatory Approval of the Existing Yutrepia Product in the United States. For clarity, Regulatory Approval of the Existing Yutrepia Product in the United States shall not be deemed to have been granted until final approval of New Drug Application No. 213005 has been granted by FDA.
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Examples of Favorable Determination in a sentence

  • The Company shall be bound by and shall have no right to challenge a Favorable Determination.

  • The Companies shall be bound by and shall have no right to challenge a Favorable Determination.

  • The Indemnifying Parties shall be bound by and shall have no right to challenge a Favorable Determination.

  • Any Expenses incurred by Indemnitee in so cooperating with the person, persons or entity making such Determination shall be borne by the Company (irrespective of whether the Determination is a Favorable Determination or an Adverse Determination) and the Company shall indemnify and hold Indemnitee harmless therefrom.

  • In the event of a Favorable Determination, payment to Indemnitee shall be made within 10 days after such determination.

  • CCO shall be bound by and shall have no right to challenge a Favorable Determination.

  • Any Expenses incurred by Indemnitee in so cooperating with the person or persons making such Determination shall be borne by the Company (irrespective of whether the Determination is a Favorable Determination or an Adverse Determination) and the Company shall indemnify and hold Indemnitee harmless therefrom.

  • Neither the failure of the Company (including by its Disinterested Directors or Special Counsel) to have made a Favorable Determination prior to the commencement of any action pursuant to this Agreement nor an Adverse Determination shall be a defense to the action or create a presumption that Indemnitee has not met the applicable standard of conduct.

  • Neither the failure of the Company (including by its Disinterested Directors or Special Counsel) to have made a Favorable Determination prior to the commencement of any action pursuant to this Agreement nor an Adverse Determination, shall be a defense to the action or create a presumption that Indemnitee has not met the applicable standard of conduct.

  • The IMS Companies shall be bound by and shall have no right to challenge a Favorable Determination.