Termination of Co-Promotion Rights. Warner may terminate Onyx’s right to co-promote Collaboration Products hereunder if (i) any entity or person in the pharmaceutical industry directly or indirectly acquires ownership or control of more than 50% of Onyx’s voting capital stock or substantially all of its assets or (ii) Onyx develops or acquires a financial interest in any product that could compete with any Collaboration Product as to which product an NDA has been filed with or approved by the FDA.
Termination of Co-Promotion Rights. Unless and until MERRIMACK opts out of Co-Promoting any Co-Promoted Product pursuant to Section 5.3, MERRIMACK shall be obligated to perform its Co-Promotion obligations with respect to all Licensed Products until at least the [**] anniversary of the First Commercial Sale of the first Co-Promoted Product in the USA; provided, however, that (in the case where MERRIMACK has not elected to opt out of Co-Promoting any Co-Promoted Product) MERRIMACK shall have the right to terminate its Co-Promotion obligations with respect to all Co-Promoted Products effective any time on or after the [**] anniversary of the First Commercial Sale of the first Co-Promoted Product in the USA by providing to SANOFI-AVENTIS at least [**] days prior written notice to SANOFI-AVENTIS (for clarity, such termination shall apply to all Licensed Products marketed in the USA).
Termination of Co-Promotion Rights. XXXXXX-XXXXXXX shall have the right to terminate PFIZER's co-promotion rights, granted under Section 2.01, as follows:
Termination of Co-Promotion Rights. (a) Xxxxxx-Xxxxxxx shall have the right to terminate the Agreement with respect to China pursuant to Section 14.02(b) at any time during the Term of the Agreement as it relates to China, notwithstanding the provisions of Section 14.02(b)(iii) of the Agreement. In the event that Xxxxxx-Xxxxxxx exercises its right to terminate Pfizer's co-promotion rights with respect to China pursuant to Section 14.02(b) of the Agreement, Xxxxxx-Xxxxxxx shall pay to Pfizer (in lieu of the amount described in Section 14.04(b) of the Agreement), for each Agreement Year for China which would have been remaining had Xxxxxx-Xxxxxxx not exercised its right to terminate, an amount equal to seventy-five (75%) of the difference between (a) the China Co-Promotion Amount for such Agreement Year and (b) one-half (1/2) of the total China Product Expenses for such Agreement Year. In computing the amounts payable to Pfizer in accordance with the foregoing, it shall be assumed that Pfizer shall have no obligation to actually pay or incur any China Product Expenses after Pfizer's co-promotion rights are terminated under Section 14.02(b). It is understood that payments for each such remaining Agreement Year with respect to China shall be based on the actual Net Sales for China and China Product Expenses, in each case for such Agreement Year as provided in the Agreement. It is agreed that the last three sentences of Section 14.04(b) of the Agreement shall apply in the event that Xxxxxx-Xxxxxxx exercises its aforedescribed rights in this Section 2.21.
Termination of Co-Promotion Rights. Warner may terminate Onyx’s right to co-promote Collaboration Products hereunder if (i) any entity or person in the pharmaceutical industry directly or indirectly acquires ownership or control of more than 50% of Onyx’s voting capital stock or substantially all of its assets or (ii) Onyx develops [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
