Substantial Generic Competition definition

Substantial Generic Competition shall have the meaning set forth in Section 9.4(c).
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Substantial Generic Competition means that, during the immediately preceding [***] Calendar Quarters, combined sales of Generic Competitive Products in a particular country in the GSK Territory by Third Parties equate to at least [***], as measured by IMS [***] data. For clarity, the royalty reduction set forth in this Section 7.2.2 shall only apply for so long as there is Substantial Generic Competition, and the royalty rates set forth in Section 7.2.1 shall again apply if Substantial Generic Competition ceases at any time during the Term following a royalty reduction pursuant to this Section 7.2.2. GSK shall notify Santarus in writing within [***] days after GSK becomes aware of any Substantial Generic Competition.
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Substantial Generic Competition means that, during the immediately preceding two (2) Calendar Quarters, combined sales of Generic Competitive Products in a particular country in the GSK Territory by Third Parties equate to at least twenty-five percent (25%) of total sales of Licensed Products in the applicable country on a standard unit basis, as measured by IMS standard unit data. For clarity, the royalty reduction set forth in this Section 7.2.2 shall only apply for so long as there is Substantial Generic Competition, and the royalty rates set forth in Section 7.2.1 shall again apply if Substantial Generic Competition ceases at any time during the Term following a royalty reduction pursuant to this Section 7.2.2. GSK shall notify Santarus in writing within ten (10) days after GSK becomes aware of any Substantial Generic Competition.
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Examples of Substantial Generic Competition in a sentence

  • It is understood that Cephalon shall continue to pay the Ambit royalties on Net Sales of a Collaboration Product within any given country at the full rates otherwise applicable under this Agreement, until such time as Cephalon has determined and confirmed in writing to Ambit, subject to reasonable verification, that there is Substantial Generic Competition with respect to a particular Collaboration Product in such country.

  • In the event of any royalty reduction during any Calendar Quarter due to Generic Competition or Substantial Generic Competition in any country in the Territory, the report for such Calendar Quarter shall also show the basis for the determination of such Generic Competition or Substantial Generic Competition, as the case may be.

  • In the event that there is a subsequent Substantial Generic Competition Event in such country, Section 4.2(b)(i) shall again apply.

  • In addition, if prior to the expiration of the Royalty Term for a particular Licensed Product in a country, Substantial Generic Competition occurs in the country with respect to such Licensed Product, royalties shall thereafter no longer be owed by Teva to OGX in the subject country for sales of such Licensed Product, except as otherwise provided in subclause (iii) below.

  • For clarity, the royalty reduction set forth in this Section 6.2.2 shall only apply for so long as there is Substantial Generic Competition, and the royalty rates set forth in Section 6.2.1 shall again apply if Substantial Generic Competition ceases at any time during the Royalty Term following a royalty reduction pursuant to this Section 6.2.2. GSK shall notify Santarus in writing within [***] days after GSK becomes aware of any Substantial Generic Competition.

  • Such amounts shall be due on a Licensed Product by Licensed Product basis for a period beginning on the First Commercial Sale of each such Licensed Product on a country by country basis, until the earlier of (i) [***] thereafter, or (ii) the expiration of the [***] Substantial Generic Competition [***] following the [***] Substantial Generic Competition Event in the given country, provided that at the time of such expiration Substantial Generic Competition still exists in such country.

  • In the event that Substantial Generic Competition (as set forth in this Section 6.2.2 or Section 7.2.2 of the ROW License, as applicable) occurs in any one or more, but not all, of the countries in the Territory under this Agreement and the GSK Territory under the ROW License, then the royalty reduction described *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission.

  • In the event that, and for so long as, there exists Substantial Generic Competition in the Territory: (a) the royalty rates payable under Section 6.2.1 for Net Sales shall be reduced from the rates of [***],[***] and [***] specified in Section 6.2.1, above, to [***],[***] and [***], respectively, and (b) [***].

  • For clarity, the royalty reduction set forth in this Section 7.2.2 shall only apply for so long as there is Substantial Generic Competition, and the royalty rates set forth in Section 7.2.1 shall again apply if Substantial Generic Competition ceases at any time during the Term following a royalty reduction pursuant to this Section 7.2.2. GSK shall notify Santarus in writing within [***] days after GSK becomes aware of any Substantial Generic Competition.

  • For clarity, the royalty reduction set forth in this Section 7.2.2 shall only apply for so long as there is Substantial Generic Competition, and the royalty rates set forth in Section 7.2.1 shall again apply if Substantial Generic Competition ceases at any time during the Term following a royalty reduction pursuant to this Section 7.2.


More Definitions of Substantial Generic Competition

Substantial Generic Competition shall be deemed to exist, with respect to a particular Licensed Product being sold in a particular country, if after the Generic Launch Date in such country with respect to such Licensed Product the aggregate total Net Sales of such Licensed Product in such country in any [***] after such Generic Launch Date are at least [***] less than the aggregate total Net Sales of such Licensed Product in the [***] completed just prior to the Generic Launch Date.
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Substantial Generic Competition. [***]” means, with respect to a Substantial Generic Competition Event, any one of the [***] during the [***] period beginning on the first day of the [***] after the [***] in which the Substantial Generic Competition Event occurred.
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Related to Substantial Generic Competition

  • Generic Competition has the meaning set forth in Section 7.4.3.

  • Substantial business relationship means the extent of a business relationship necessary under applicable state law to make a guarantee contract issued incident to that relationship valid and enforceable. A guarantee contract is issued "incident to that relationship" if it arises from and depends on existing economic transactions between the guarantor and the owner or operator.

  • Substantial Block means a number of shares of Voting Stock which have 10% or more of the aggregate voting power of all outstanding shares of Voting Stock.

  • Substantial Involvement means involvement on the part of the Government. DOE's involvement may include shared responsibility for the performance of the Project; providing technical assistance or guidance which the Applicant is to follow; and the right to intervene in the conduct or performance of the Project. Such involvement will be negotiated with each Applicant prior to signing any agreement.

  • Substantial bodily injury means "bodily injury which involves (A) a temporary but substantial disfigurement; or (B) a temporary but substantial loss or impairment of the function of any bodily member, organ, or mental faculty." See 18 U.S.C. § 113(b)(1).

  • Competing Product or Service means any product or service that is sold in competition with, or is being developed and that will compete with, a product or service developed, manufactured, or sold by Fiserv. For purposes of this Section 5, Competing Products or Services as to you are limited to products and/or services with respect to which you participated in the development, planning, testing, sale, marketing or evaluation on behalf of Fiserv during any part of your employment with Fiserv, or after the termination of your employment, during any part of the 24 months preceding the termination of your employment with Fiserv, or for which you supervised one or more Fiserv employees, units, divisions or departments in doing so.

  • Competition or “Competitions” means any competition comprised within the Event where the winner is awarded a prize. A Competition may be comprised of one or more qualification phase/sections, runs or heats, including official training sessions. In the FIS Rules, Competitions are sometimes also referred to as “races”.

  • Substantial action means adopting, publicizing, and implementing a formal plan to cease scrutinized business operations within 1 year and to refrain from any new business operations.

  • Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

  • Substantial Taking means a Taking of at least 15% of the Land or Improvements which, in Lessee’s and Lessor’s reasonable judgment, will materially and adversely interfere with any development or use of the Premises that Lessee is then conducting or intends in good faith to conduct in the future.

  • Competing Product means [***].

  • Substantial Breach means a breach of any of clauses 3.8, 3.9, 4.1, 4.2, 5.1(c)(i) to 5.1(c)(xxiv) (inclusive), 17.1, 17.2, 31.2 or 31.7(c) of this Agreement;

  • Commercial cannabis activity means the production, cultivation,

  • Substantial improvement means any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during any one-year period for which the cost equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include either:

  • Substantial means more than minor or trivial

  • Competing Service means implementation, consulting, support, maintenance, development and/or training services relating to or in connection with the use of any Company Products or Competing Products.

  • Direct Competitor means any individual, partnership, corporation, limited liability company, association, or other group, however organized, who competes with the Company in the full service restaurant business.

  • Competitive Product means a product or service, made or provided by a Competitor, which is the same as or is directly competitive with one with respect to which the Employee acquired confidential information relating to the Company, or its business, products or services by reason of the Employee's work with the Company.

  • Competitive Activities means any business activities in which the Company or any other member of the Company Group engage (or have committed plans to engage) during the Term of Employment, or, following termination of Employee’s employment hereunder, was engaged in business (or had committed plans to engage) at the time of such termination of employment.

  • Substantial disruption means without limitation that any one or more of the following occur as a result of the bullying:

  • Severe Intellectual Disability means a level of functioning severely below age expectations whereby in a consistent basis the student is incapable of giving evidence of understanding and responding in a positive manner to simple directions expressed in the child's primary mode of communication and cannot in some manner express basic wants and needs.

  • Company Competitor means any competitor of the Borrower and/or any of its subsidiaries.

  • Competitive Activity means any business or activity of Executive or any third party that is the same as the Business or competitive with the Business.

  • Competitive Infringement has the meaning set forth in Section 7.5.1.

  • Competitive Business Activity means:

  • Business Relationship Strength for the purpose of this RFP shall mean the definition and commitment of the respondent towards a mutually successful “relationship” between the selected contractor and HCC for the duration of the contract. Respondent’s Statement of Qualification must include their definition, proposal and commitment to forge, foster and maintain a mutually successful “relationship” with HCC. At a minimum, your response must include: