Additional Assets. During the period from the Closing Date and continuing until the later of (x) one (1) year after the Closing Date and (y) the date on which CTI no longer has any equity interest in the LLC, if CTI or the Company identifies any tangible assets, Patents or Trademarks (including Internet domain names) of CTI that are necessary for (and were used by CTI solely in) the Commercialization as conducted by CTI prior to Closing that were not sold, assigned, transferred, conveyed and delivered to the Company as required by this Agreement, then CTI shall use reasonable best efforts to promptly transfer such asset to the Company, but in each instance only to the extent any such asset is: (i) in existence as of such time; and (ii) in the possession of, and controlled and freely transferable by, CTI or any of CTI’s Affiliates. *** CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.
Appears in 2 contracts
Sources: Purchase and Formation Agreement (Cell Therapeutics Inc), Purchase and Formation Agreement (Spectrum Pharmaceuticals Inc)