Refund Trigger Event definition

Refund Trigger Event means any of the following: (a) the Company is the subject of a Change of Control and the acquiror is a Competitor; (b) the Distributor terminates this Agreement pursuant to Sections 10.2(a), (b) or (c); (c) either party terminates this Agreement pursuant to Section 10.2(f); (d) any claim, action or litigation (including product liability and intellectual property claims) relating to a Product is settled or adjudicated by a court of competent jurisdiction and, as a result, the Distributor’s Commercialization of such Product is materially and adversely affected; and (e) any regulatory action or ruling relating to a Product that materially and adversely affects the Distributor’s Commercialization of such Product.