Examples of ROFR Product in a sentence
Notwithstanding the foregoing, Knight shall not be entitled to a Right of First Refusal pursuant to this Section 2.7 for any Third Party offer for a ROFR Product that includes a Major Market in addition to all or any part of the Territory.
If Purdue so elects to enter into an ROFR Product License Agreement with BDSI, BDSI will immediately cease all material discussions with any Third Party regarding any license to market and sell the applicable ROFR Product(s) under the ROFR Patents in the Territory and the Parties shall use Commercially Reasonable Efforts in good faith to negotiate and execute an ROFR Product License Agreement with each other.
Purdue will have *** from the date of such notice to elect in its sole discretion to enter into an agreement with BDSI granting Purdue rights under such ROFR Patents to market and sell such ROFR Product in the Territory on the terms of the Third Party Offer and otherwise on commercially reasonable terms and conditions (“ROFR Product License Agreement”).
In the event that SUPPLIER exercises its right of first refusal with respect to any ROFR Product, the Parties agree to discuss in good faith the potential amendment of this Agreement (including Exhibit A hereof) to reflect the addition hereto of supply and purchase commitments and pricing arrangements with respect to such product, with the intent of continuing to provide for the exclusive supply of Products on market terms by SUPPLIER to CUSTOMER hereunder.
Based on the results of such studies, Ohm shall identify each tested compound as either a ROFN Product or a ROFR Product, and shall provide Aptose with the results of each such test, including such identification, promptly after completion thereof.
If, within ******* of Cisco's receipt of a Competitive Offer, Cisco provides Customer with a firm offer to sell a ROFR Product which meets the Desired Functionality which includes a purchase price and other material terms and conditions which are materially equal to or better than the Competitive Offer with respect to any Desired Functionality, then Customer shall purchase the ROFR Product from Cisco on the terms of Cisco's firm offer.
In the event that Corning elects not to exercise its rights with respect to a ROFR Product within six (6) months of being provided the relevant requested information, the exclusivity described in Section 1(b) shall not apply with respect to such ROFR Product; provided, however, that such exclusivity shall continue in the event that the parties fail to agree upon the pricing of the ROFR Product.
In no event will there by more than four ROFR Products (the “ROFR Product Cap”), including as provided for in Section 2.3 and Section 2.4(c), and the Program Rights will terminate with respect to any subsequent Product once the ROFR Product Cap has been reached.
Ohm hereby grants Aptose a right of first refusal for each ROFR Product as follows.
Lender and Grantor/Borrower agree that the Loan Documents are amended hereby wherever necessary to conform to the terms and conditions contained in this Modification Agreement.