Acceptable Delay definition
Acceptable Delay means a delay solely due to acts of God, governmental restrictions put in place after the Closing Date, stays, judgments, orders or decrees (which stays, judgments, orders or decrees are made by a court of competent jurisdiction after the Closing Date, other than as a result of any act or omission of Borrower, Guarantor, Sponsor or any Affiliate of Borrower, Guarantor or Sponsor (provided, that, in the case of an omission by any of the foregoing Persons, a delay shall only be deemed to be the result of such omission if it was reasonably foreseeable by such Person that such delay would result from such omission)), enemy actions, civil commotion, pandemics, epidemics and/or public health emergencies and/or governmental actions taken in response to the foregoing, fire (other than any fire giving rise to the obligation to which the “Acceptable Delay” is applicable), casualty (other than any casualty giving rise to the obligation to which the “Acceptable Delay” is applicable), general strikes, general work stoppages or general shortages of labor or materials, provided, however, that in no event shall Borrower’s lack of funds be considered an “Acceptable Delay”.
Acceptable Delay means the failure to meet one or more MILESTONE EVENTS as set forth above by the corresponding date due to: (a) an unexpected development issue involving safety, toxicity or manufacturing which issue was not known and could not have been known to BAXTER and/or its AFFILIATES as at the Sixth Amendment Commencement Date, (b) any delays in obtaining any Marketing Authorization from the applicable governmental/regulatory authority following submission therefor which are not caused by BAXTER and/or its AFFILIATES, or (c) any other delay agreed by both Parties (in their entire discretion) in writing to be an unanticipated, acceptable delay outside of the control of BAXTER. Notwithstanding the foregoing, BAXTER shall only be entitled to extend the MILESTONE DATE: