Selling Person definition

Selling Person means the Purchaser, each of its Affiliates and each (A) licensee, sub-licensee, assignee or other grantee of rights from Purchaser or any of its Affiliates or another Selling Person to market or sell Zuplenz, (B) buyer, transferee or assignee of any Transferred Intellectual Property or Licensed Intellectual Property from Purchaser or its Affiliates or another Selling Person, or (C) any Affiliate of the foregoing.

Selling Person means Tribute, each of its Affiliates and each licensee, sublicensee, assignee or other grantee of rights from Tribute or any of its Affiliates or another Selling Person to develop, market or sell the Product or any Affiliates of the foregoing.

Selling Person has the meaning set forth in the definition of Net Sales.

Examples of Selling Person in a sentence

• If the Tagging Persons exercise their Tag-Along Rights hereunder, each Tagging Person shall deliver at least two business days prior to the date scheduled for the closing of the Tag-Along Sale to the Selling Person for delivery to the prospective transferee one or more certificates, in a proper form for transfer, representing the Shares of such Tagging Person to be included in the Tag-Along Sale.

• Notwithstanding anything to the contrary contained in this Section 4.01, except for the Selling Person's obligation to return to each Tagging Person any certificates representing the Tagging Person's Shares there shall be no liability on the part of the Selling Person to any Shareholder in the event that the proposed Tag-Along Sale is not consummated for whatever reason.

• Such certificate or certificates that a Tagging Person delivers to the Selling Person shall be delivered on the date scheduled for the closing of the Tag-Along Sale to such transferee in consummation of the Tag-Along Sale.

• Whether a Tag-Along Sale is effected pursuant to this Section 4.01 by the Selling Person is in the sole and absolute discretion of the Selling Person.

• In the event of such a proposed transfer, the Selling Person shall provide each Other Stockholder written notice of the terms and conditions of such proposed transfer ("Tag-Along Notice") and offer each Tagging Person the opportunity to participate in such sale.

More Definitions of Selling Person

Selling Person means Biota, Anaconda, each of their Affiliates and each licensee, sublicensee, transferee, assignee or other grantee of rights (including rights to Intellectual Property) from Biota, Anaconda, any of their Affiliates or any other Selling Person to sell AP611074; provided, that sales of AP611074 between or among the Selling Persons and/or Affiliates of the Selling Persons for resale, or for use in the production or manufacture of AP611074, shall not be included within Net Sales; provided, further, that “Selling Person” shall not mean or include non-Affiliated third party wholesalers, distributors, group purchasing organizations, pharmacy benefit managers and retail chain customers.

Selling Person is defined in Section 1.78.1.

Selling Person means Purchaser, each of its Affiliates and each licensee, sublicensee, assignee or other grantee of rights from Purchaser or any of its Affiliates or another Selling Person to develop, market or sell the Product or any Affiliate of the foregoing.

Selling Person means the Buyer, each of its Affiliates (including the Surviving Corporation) and each (A) licensee, sublicensee, assignee or other grantee of rights from Buyer or any of its Affiliates or another Selling Person to develop, market or sell a Lixivaptan Product, (B) buyer, transferee or assignee of any Company Intellectual Property or Third Party Intellectual Property (for the sake of clarity to avoid double-counting, other than, in each case, rights granted with respect to any Lixivaptan Patent Right pursuant to clause (A)), from Buyer or its Affiliates (including the Surviving Corporation) or another Selling Person, (C) a Lixivaptan Product Line Buyer, or (D) any Affiliate of the foregoing.

Selling Person means, with respect to a Product, any of (i) Purchaser, (ii) any Affiliate of Purchaser or (iii) any licensee or sublicensee of rights to sell such Product.

Selling Person means Buyer, each of its Affiliates (including the Surviving Corporation) and each licensee, sublicensee, transferee, assignee or other grantee of rights (including Company Intellectual Property Rights) with respect to the marketing or sale of the Company Product or a Bundled Product from Buyer, any of its Affiliates (including the Surviving Corporation) or any other Selling Person; provided that if there are one or more sales of the same product by Selling Persons, then, without duplication, the final sale of such product in such series of sales shall be the sale that is included for purposes of calculating the “Net Sales” with respect thereto; provided further that “Selling Person” shall not mean or include non-Affiliated third party wholesalers, distributors, group purchasing organizations, pharmacy benefit managers and retail chain customers.

Selling Person means Buyer, its Affiliates, Nightstar, Gyroscope or a licensee or transferee that is selling or manufacturing an Earnout Product under license or other transfer of rights from Buyer, Nightstar or Gyroscope.