Examples of ROFR Products in a sentence
During the Term of and subject to all other terms and conditions of this Agreement, Licensor hereby grants to Knight an exclusive right of first refusal (a “Right of First Refusal”), with respect to all or any part of the Territory, to store, market, promote, sell, offer for sale and/or distribute any ROFR Product(s).
Knight shall advise Licensor within ten (10) Business Days of its receipt of a notice from Licensor which details a bona fide unrelated Third Party offer for any ROFR Product(s) with a copy of such offer (with the name of the Third Party deleted or redacted)) whether it intends to accept such terms and conditions.
In connection with the sale of Products (other than New Products and Products that are purchased from Buyer by Buyer's customers pursuant to purchase options granted under rental agreements) where the aggregate sales price is equal to or greater than $1 million ("ROFR PRODUCTS"), Supplier shall have a right of first refusal to purchase any such ROFR Products that Mitcham desires to sell to a third party pursuant to a bona fide offer on the same terms and conditions as in that offer.
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.
Buyer shall give Supplier written notice of its proposal to sell ROFR Products to a third party setting forth the terms of such offer ("NOTICE").
SUPPLIER shall have the right of first refusal, but not the obligation, to supply up to [***]% of CUSTOMER’s requirements for Customer-Owned Locations and Great Canadian Licensee Locations (in each case, other than any Burdensome Customer Location) for any ROFR Products, and CUSTOMER shall have the obligation to purchase any such ROFR Products from SUPPLIER.
CUSTOMER shall give SUPPLIER commercially reasonable advance written notice of its intent to purchase any such ROFR Products, and to the extent that SUPPLIER elects (in its sole discretion) to exercise such right of first refusal it shall give commercially reasonable advance written notice thereof to CUSTOMER.
CUSTOMER shall use commercially reasonable efforts to encourage Customer Locations (other than each Burdensome Customer Location) to purchase up to [***]% of such Customer Location’s requirements for ROFR Products from SUPPLIER.
Prior to entering into any negotiations with a Third Party with respect to a license or sublicense under Ohm’s rights to any ROFR Product(s), Ohm shall notify Aptose and provide all information useful for Aptose to determine its interest in such ROFR Product(s).
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.