Loss of Market Share definition

Loss of Market Share means [***].
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Loss of Market Share means an event where, with respect to a particular Licensed Product in a particular country in a particular Quarter: (a) one or more Generic Products of such Licensed Product is or are sold in such country by a Third Party (other than a Sublicensee) and (b) the market penetration of such Generic Product(s) in such country in such Quarter is equal to or greater than [***], as determined by [***].
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Loss of Market Share means, with respect the Product in the Territory, that: (a) [***] Generic Versions of the Product has been sold by any Third Party in the Territory; (b) the Net Sales of the Product in any Calendar Quarter are less than [***] as compared with the Net Sales of the Product in the corresponding Calendar Quarter in the immediately preceding Calendar Year (e.g., the fourth (4th) Calendar Quarter of Calendar Year 2018 as compared to the fourth (4th) Calendar Quarter of Calendar Year 2017); or (c) the sale of the Product in the Territory is not Covered by a Valid Claim in the Territory.
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Examples of Loss of Market Share in a sentence

  • Indeed, Apotex contends, AstraZeneca recently calculated values for these losses when it entered into a settlement agreement and licensing agreement with Teva Pharmaceuticals USA (“Teva”), another generic company that is now scheduled to enter the generic BIS market this December.1. Irreversible Loss of Market Share AstraZeneca contends that if Apotex is permitted to launch, it will suffer an irreversible loss of market share which will begin immediately.

  • Loss of Market Share if our product rates are significantly higher than competitors; and3.

  • Based on current position, there is strong view that based on feasibility of alternate options, coal project will be dropped.2. Loss of Market Share if our product rates are significantly higher than competitorsCurrent Status of Action Taken:To minimize the aforesaid risk, the Board had already approved to switch the source of energy from High Speed Diesel to Coal for drying activity by implementing the Coal Fired Hot Air Unit at Gajraula Plant of the Company.

  • A line on a plan with a negative policy presumption dating back in most cases to 1997 or even before is not appropriate.

  • In the event of a Loss of Market Share for the Product in the Territory, the Net Sales of the Product in the Territory to be included as Net Sales for the purpose of the calculation of collaboration payments due under Section 9.1(a) from and after such Loss of Market Share until the end of the Collaboration Payment Term shall be reduced by [***].

  • Potential Loss of Market Share Consumer preferences are rapidly changing to favour sustainable and safe food choices:● Organic meat sales experienced compound sales growth of 44% from 2011 to 2015; “antibiotic-free” sales grew 28.7%; and conventional meat sales grew only 4.6%.43● “The value of certified organic commodities jumped 23% from 2015 to 2016 to $7.6 billion.

  • ACTION-VPCS The Chair reviewed Risk 2020 (1) Loss of Market Share and asked for comments to be included in the next review.

  • Novartis may terminate this Agreement upon sixty (60) days’ prior written notice in the event of a Loss of Market Share.

  • CleanTech Suffers Irreversible Loss of Market Share, Opportunities, Revenue, and Goodwill Due to Cardinal’s Infringement 21 2.

Related to Loss of Market Share

  • Market Share means the percent of sales of the total available market in an industry, product line or product attained by the Company or one of its business units during a time period.

  • Loss of Use means the total and irrecoverable loss of function of an arm, hand, foot, leg or thumb and index finger of the same hand provided such loss of function is continuous for 12 consecutive months and such loss of function is thereafter determined on evidence satisfactory to Chubb Life to be permanent.

  • algorithmic trading means trading in financial instruments where a computer algorithm automatically determines individual parameters of orders such as whether to initiate the order, the timing, price or quantity of the order or how to manage the order after its submission, with limited or no human intervention. This definition does not include any system that is only used for the purpose of routing orders to one or more trading venues or for the confirmation of orders;

  • Market segment means the portion of the market covering one (1) of the

  • Loss of an Eye, means total and irrevocable loss of sight in that eye.

  • Open Market Share Purchase shall have the meaning specified in Section 2(I).

  • Cannabinoid edible means food or potable liquid into which a cannabinoid concentrate, cannabinoid extract or dried marijuana leaves or flowers have been incorporated.

  • New Trading Profits means the excess, if any, of Net Assets of the Partnership managed by the Advisor at the end of the fiscal period over Net Assets of the Partnership managed by the Advisor at the end of the highest previous fiscal period or Net Assets of the Partnership allocated to the Advisor at the date trading commences by the Advisor for the Partnership, whichever is higher, and as further adjusted to eliminate the effect on Net Assets of the Partnership resulting from new capital contributions, redemptions, reallocations or capital distributions, if any, made during the fiscal period decreased by interest or other income, not directly related to trading activity, earned on the Partnership’s assets during the fiscal period, whether the assets are held separately or in margin accounts. Ongoing expenses shall be attributed to the Advisor based on the Advisor’s proportionate share of Net Assets of the Partnership. Ongoing expenses shall not include expenses of litigation not involving the activities of the Advisor on behalf of the Partnership. Ongoing expenses include offering and organizational expenses of the Partnership. No Incentive Fee shall be paid to the Advisor until the end of the first full calendar quarter of the Advisor’s trading for the Partnership, which fee shall be based on New Trading Profits (if any) earned from the commencement of trading by the Advisor on behalf of the Partnership through the end of the first full calendar quarter of such trading. Interest income earned, if any, shall not be taken into account in computing New Trading Profits earned by the Advisor. If Net Assets of the Partnership allocated to the Advisor are reduced due to redemptions, distributions or reallocations (net of additions), there shall be a corresponding proportional reduction in the related loss carryforward amount that must be recouped before the Advisor is eligible to receive another Incentive Fee.

  • Return on Sales means the percentage equal to the Company’s or a business unit’s Operating Income before incentive compensation, divided by the Company’s or the business unit’s, as applicable, revenue, determined in accordance with generally accepted accounting principles.

  • Loss of Speech means the disability in articulating any three of the four sounds which contribute to the speech such as the Labial sounds, the Alveololabial sounds, the Palatal sounds and the Velar sounds or total loss of vocal cord or damage of speech center in the brain resulting in Aphasia.

  • Special food product means a food product that is all of the following:

  • Dilution Volatility Component means, at any time, the product (expressed as a percentage) of (i) the difference between (a) the highest three-month rolling average Dilution Ratio over the 12-month period then most recently ended and (b) the Adjusted Dilution Ratio, and (ii) a fraction, the numerator of which is equal to the amount calculated in (i)(a) of this definition and the denominator of which is equal to the amount calculated in (i)(b) of this definition.

  • Wholesale price or "WSP" shall mean the greater of (i) the first published price of the Licensed Product offered to retailers by Publisher as evidenced by a sell sheet or price list issued by Publisher, or (ii) the actual price paid by retailers upon the first commercial shipment of a Licensed Product without offsets, rebates or deductions from invoices of any kind.

  • Low reflects the lowest closing level of the Index during the applicable year.

  • Local public procurement unit means any political subdivision or unit thereof which expends public funds for the procurement of supplies, services, or construction.

  • Risk Weighted Assets means the risk weighted assets or total risk exposure amount, as calculated by the Company in accordance with the Capital Regulations applicable to the Regulatory Group as at that point in time.

  • High global warming potential hydrofluorocarbons means any hydrofluorocarbons in a particular end use for which EPA’s Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR Part 82 subpart G with supplemental tables of alternatives available at (http://www.epa.gov/snap/).

  • Economic Value Added or "EVA" means the NOPAT that remains after subtracting the Capital Charge, expressed as follows:

  • Downtime means the Total Minutes in the Month during which the Cloud Service (or Servers for Server Provisioning) does not respond to a request from SAP’s Point of Demarcation for the data center providing the Cloud Service (or Server for Server Provisioning), excluding Excluded Downtime.

  • Excluded Downtime has the meaning set forth in Section 2 below.

  • Substantial U.S. Market Interest means “substantial U.S. market interest” as that term is defined in Regulation S;

  • Loss of Hand or Foot means complete severance through or above the wrist or ankle joint. (In South Carolina, "Loss of Hand" can also mean the loss of four whole fingers from one hand.)

  • Expected week of childbirth means the week, starting on a Sunday, during which the mother's doctor or midwife expects her to give birth.

  • Mis-procurement means public procurement in contravention of any provision of Sindh Public Procurement Act, 2010, any rule, regulation, order or instruction made thereunder or any other law in respect thereof, or relating to, public procurement;

  • Public procurement unit means either a local public procurement unit or a state public procurement unit.

  • Permanent exclusion means the student is banned forever from attending a public school in the State of Ohio. (See Policy 5610.01)