Second Licensed Product definition

Second Licensed Product means a Licensed Product [***], provided that, for clarity, each of the First Licensed Product and Second Licensed Product shall [***].

Second Licensed Product means, with respect to a Milestone, a Licensed Product containing a Compound that was not contained in the Licensed Product that first achieved such Milestone. For clarity, with respect to each Milestone, a Second Product Milestone cannot be triggered by a Licensed Product containing the same Compound that achieved the respective First Achievement Milestone, even if for a different indication. By way of further clarification, with respect to a Licensed Product contained in a Combination Product, the Net Sales that trigger the Milestone Payment will be that portion of Net Sales attributable to the Licensed Product as provided in the definition of “Net Sales”. Notwithstanding the table below, upon achievement of a Development Milestone, payments for such Development milestone and all prior Development Milestones shall be due and payable to the extent not already paid.

Second Licensed Product means the second product developed by or for GCOR or any of its sublicensees for either the prevention or treatment of a disease associated with each Virus; provided, however, that an IND relating to each product has been submitted and becomes effective, by GCOR or any of its sublicensees.

Examples of Second Licensed Product in a sentence

• In the event a Milestone (other than the first Milestone listed below) is achieved by a Second Licensed Product (as defined below), TGTX shall pay to Checkpoint the respective milestone payment under the column “Second Product Milestone Payment” within twenty (20) days following TGTX’s receipt of actual knowledge of such achievement.

• In consideration of the rights granted under Article 2 for the Second Licensed Product, ADCT shall make the milestones and royalties Payments detailed in Annex 3, or in Annex 4 if the Second Licensed Product binds to the [***] Target.

• For the avoidance of doubt, if the Second Licensed Product does not require the filing of a new IND for clinical evaluation, approval or marketing such as for example, Second Licensed Products, which are line extensions, formulation changes, expanded labeling or the like, GCOR shall pay EPMN no Additional Milestone Payments.

• ADCT shall use Commercially Reasonable Efforts to develop and commercialize a First Licensed Product in the United States of America, Japan, Germany, France, Italy, UK and Spain and, if ADCT exercised the [***] License Option, to develop and commercialize a Second Licensed Product in United States of America, Japan, Germany, France, Italy, UK and Spain.

• Notwithstanding the foregoing, for milestones 1, 2, 3, and 4 of Exhibit B, certain Development Milestone Payments would be payable one additional time for achieving such milestones with respect to any Second Licensed Product, and for the avoidance of doubt, the total Development Milestone Payments that could become payable for such milestones under this Agreement in any such event is * dollar ($*) in the aggregate.

More Definitions of Second Licensed Product

Second Licensed Product is defined in Section 13.7.2(b).

Second Licensed Product means an ADC which comprises a [***] SAFEbody.

Second Licensed Product means a second Licensed Product (i.e., a Licensed Product that contains a different Target Antigen that is related to a different Target Disease than the Target Antigen and Target Disease relating to the First Licensed Product) chosen by AVANT pursuant to Section 3.5a of this Agreement and to be specified in Appendix B hereto.

Second Licensed Product means, with respect to a Milestone, a Licensed Product containing a Compound that was not contained in the Licensed Product that first achieved such Milestone. For clarity, with respect to each Milestone, a Second Product Milestone cannot be triggered by a Licensed Product containing the same Compound that achieved the respective First Achievement Milestone, even if for a different indication. By way of further clarification, with respect to a Licensed Product contained in a Combination Product, the Net Sales that trigger the Milestone Payment will be that portion of Net Sales attributable to the Licensed Product as provided in the definition of “Net Sales”. Notwithstanding the table below, upon achievement of a Development Milestone, payments for such Development milestone and all prior Development Milestones shall be due and payable to the extent not already paid. * Confidential material redacted and filed separately with the Commission. 1. *. $ * N/A 2. *. $ * $ * 3. * $ * (subject to the below) $ * 4. * $ * $ * 5. $ * $ * 6. * $ * $ * 7. * $ * $ * 8. * $ * $ * 9. * $ * $ * 10. *. $ * $ * 11. *. $ * $ * 12. *. $ * $ * Within twenty (20) days of achieving a Milestone, TGTX shall provide written notice to Checkpoint of such achievement. If at any time Checkpoint disputes whether a Development Milestone has been achieved, the matter shall be referred for resolution in accordance with Section 11.2 as a Technical Dispute. In the event that TGTX achieves Milestone 3 set forth above, and Checkpoint, in its discretion, determines that, as a result, it can proceed immediately to * with respect to Checkpoint’s Development outside of the Field, or if both parties co-sponsor * meeting Milestone 3 set fxxx above, then TGTX’s First Achievement Milestone Payment in Milestone 3 shall be reduced in half to $*.

Second Licensed Product means any existing approved products of Rosetta’s portfolio, suitable to market in China as determined by Avatao and with Rosetta’s consent.

Second Licensed Product means any product or service in the Second Field, the development, manufacture, use, provision or sale of which is covered by a claim of Agreement Patents, or which cannot be marketed without a license or sublicense for the use of the Agreement Patents in any jurisdiction in which such product is approved for sale or is being manufactured.

Second Licensed Product means a Licensed Product using Licensor’s next generation mAb delivery platform that shows at least two-fold or higher PK of the API in any relevant preclinical animal model (rodent and/or large animal) compared to the first developed Licensed Product. The positive preclinical PK data will be discussed between the Parties the status of the Licensed Product as a Second Licensed Product will be mutually agreed by the Parties.