Favorable Determination definition

Favorable Determination shall have the meaning set forth in the definition of Determination.
View Source
Favorable Determination has the meaning assigned to such term in Section 4.01.
View Source
Favorable Determination means the earlier to occur of (a) with respect to each claim in U.S. Patent No. 10,716,793 asserted against the Company, a final Non-Appealable Decision of either (i) a U.S. District Court decision that such claim is invalid and/or not infringed by the Existing Yutrepia Product, or (ii) inter partes review of such claim before the Patent Trial and Appeal Board of the United States Patent and Trademark Office that such claim is invalid (with respect to clause (a), so long as there has not been a court decision that the Existing Yutrepia Product infringes at least one valid claim of an Asserted Patent other than U.S. Patent No. 10,716,793), and (b) Regulatory Approval of the Existing Yutrepia Product in the United States. For clarity, Regulatory Approval of the Existing Yutrepia Product in the United States shall not be deemed to have been granted until final approval of New Drug Application No. 213005 has been granted by FDA.
View Source

Examples of Favorable Determination in a sentence

  • The Company shall be bound by and shall have no right to challenge a Favorable Determination.

  • The Companies shall be bound by and shall have no right to challenge a Favorable Determination.

  • The Indemnifying Parties shall be bound by and shall have no right to challenge a Favorable Determination.

  • Any Expenses incurred by Indemnitee in so cooperating with the person, persons or entity making such Determination shall be borne by the Company (irrespective of whether the Determination is a Favorable Determination or an Adverse Determination) and the Company shall indemnify and hold Indemnitee harmless therefrom.

  • In the event of a Favorable Determination, payment to Indemnitee shall be made within 10 days after such determination.

  • CCO shall be bound by and shall have no right to challenge a Favorable Determination.

  • Any Expenses incurred by Indemnitee in so cooperating with the person or persons making such Determination shall be borne by the Company (irrespective of whether the Determination is a Favorable Determination or an Adverse Determination) and the Company shall indemnify and hold Indemnitee harmless therefrom.

  • Neither the failure of the Company (including by its Disinterested Directors or Special Counsel) to have made a Favorable Determination prior to the commencement of any action pursuant to this Agreement nor an Adverse Determination shall be a defense to the action or create a presumption that Indemnitee has not met the applicable standard of conduct.

  • Neither the failure of the Company (including by its Disinterested Directors or Special Counsel) to have made a Favorable Determination prior to the commencement of any action pursuant to this Agreement nor an Adverse Determination, shall be a defense to the action or create a presumption that Indemnitee has not met the applicable standard of conduct.

  • The IMS Companies shall be bound by and shall have no right to challenge a Favorable Determination.

Related to Favorable Determination

  • Adverse determination means a final action or adjudication that the person or entity in question has committed Wage Theft or Payroll Fraud and is further defined in Chapter 190.

  • Reviewing Party means any appropriate person or body consisting of a member or members of the Company's Board of Directors or any other person or body appointed by the Board of Directors who is not a party to the particular Claim for which Indemnitee is seeking indemnification, or Independent Legal Counsel.

  • Self-Determination means a philosophy and process by which individuals with developmental disabilities are empowered to gain control over the selection of support services that meet their needs. The basic principles of self-determination are:

  • Claim Determination Period means a calendar year. However, it does not include any part of a year during which a person has no coverage under This Plan, or any part of a year before the date this COB provision or a similar provision takes effect.

  • Determination means the written documentation of a decision of a procurement officer including findings of fact required to support a decision. A determination becomes part of the procurement file to which it pertains.