FC2 Product definition
Examples of FC2 Product in a sentence
Borrower shall not, nor shall it permit any Subsidiary to, allow any Subsidiary involved in the manufacturing of the FC2 Product (including, without limitation The Female Health Company Malaysia SDN, NHD (Malaysia)) to realize a profit margin in relation to the FC2 Product in excess of fifteen percent (15%).
Upon a Change of Control or sale of the FC2 Business to a third-party, non-Affiliate of the Company, the Company shall immediately upon consummation of such transaction, pay to SWK an amount equal to the greater of (1) $2,000,000, or (2) the product of (x) five percent (5.00%) of the Net Sales attributable to the FC2 Product for the most recently-completed twelve (12) months period, multiplied by (y) five (5) (as applicable, the “Change of Control Payment”).
The Company and SWK agree that SWK is not involved in or responsible for the manufacture, marketing or sale of the FC2 Product.
The Borrower and SWK agree that SWK is not involved in or responsible for the manufacture, marketing or sale of the FC2 Product.
Not permit the amount of expenses with respect to the marketing and distributing of the FC2 Product as reported for the three (3) month period ending on the last Business Day of any Fiscal Quarter to be less than $125,000.
Except for Permitted Liens, Borrower shall not permit any of its Subsidiaries to grant any Lien on such Subsidiaries’ assets in relation to the FC2 Product or otherwise incur any secured indebtedness that is not subject to an intercreditor agreement, in form and substance acceptable to Agent.
For the avoidance of doubt, as used herein marketing expenses are intended to broadly include all expenses that relate to the selling of FC2 Product, including promotional advertising campaigns, marketing collateral materials, trade shows, lobbying efforts, etc.