Competitor

Competitor. Means a Person engaged, directly or indirectly (including through any partnership, limited liability company, corporation, joint venture or similar arrangement (whether now existing or formed hereafter)), in nucleic acid testing, but shall not include (a) Eclipse Ventures Fund I, L.P. or its Affiliates (collectively, "EVFI"), (b) Eclipse Fund III, L.P. or its Affiliates (collectively, "EF III"), (c) Seraph Group LLC or its Affiliates (collectively, "Seraph"), (d) EPQ LLC, LFLU PS or its... Affiliates (collectively, "EPQ LFLU"), EPQ LLC, LCOVD PS or its Affiliates (collectively, "EPQ LCOVD"), (e) Phoenix Venture Partners III LP or its Affiliates (collectively, "PVP"), or (f) any financial investment firm or collective investment vehicle that, together with its Affiliates, holds less than ten percent (10%) of the outstanding equity of any Competitor and does not, nor do any of its Affiliates, have a right to designate any members of the board of directors of any Competitor. View More

Competitor. Means a Person engaged, directly or indirectly (including through any partnership, limited liability company, corporation, joint venture or similar arrangement (whether now existing or formed hereafter)), in anti-tumor antibody-based immunotherapy of cancer, but shall not include any financial investment firm or collective investment vehicle that, together with its Affiliates, holds less than twenty percent (20)% of the outstanding equity of any Competitor and does not, nor do any of its... Affiliates, have a right to designate any members of the Board of Directors of any Competitor; provided that none of Pivotal, Novo, Vivo PANDA Fund, L.P ("Vivo"), Sofinnova Venture Partners X, L.P. ("Sofinnova"), RA Capital Healthcare Fund, L.P., Blackwell Partners LLC - Series A, and RA Capital Nexus Fund, L.P. (together, "RA Capital"), Citadel Multi-Strategy Equities Master Fund Ltd. ("Surveyor Capital"), Rock Springs Capital, nor their Affiliates shall be deemed to be a Competitor hereunder. View More

Competitor. Any Person who, in the reasonable good faith determination of the Board, carries on any business that is substantially similar to the Company's business

Competitor. Means a Person engaged, directly or indirectly (including through any partnership, limited liability company, corporation, joint venture or similar arrangement (whether now existing or formed hereafter)), in the research and development for commercial sale, of galectin modulators for the treatment of severe diseases, including fibrosis and cancer, but shall not include any financial investment firm or collective investment vehicle that, together with its Affiliates, holds less than twenty... percent (20%) of the outstanding equity of any Competitor and does not, nor do any of its Affiliates, have a right to designate any members of the board of directors of any Competitor. For the avoidance of doubt, none of Novo, HBM, Ysios, Sunstone, Sphera, Eir or Soleus shall be deemed a Competitor for purposes of this Agreement. View More

Competitor. Means a Person engaged, directly or indirectly (including through any partnership, limited liability company, corporation, joint venture or similar arrangement (whether now existing or formed hereafter)), in a business that offers products or services that are directly or indirectly competitive with the products or services of the Company, including products or services which are in actual or demonstrably anticipated research or development by the Company, but shall not include any financial... investment firm or collective investment vehicle that, together with its Affiliates, holds less than twenty percent (20)% of the outstanding equity of any Competitor and does not, nor do any of its Affiliates, have a right to designate any members of the board of directors of any Competitor. Notwithstanding the foregoing, in no event shall Novo Holdings A/S (together with its Affiliates, "Novo"), RiverVest Venture Fund III, L.P. (together with its Affiliates, "RiverVest"), Omega Fund VI, L.P. (together with its Affiliates, "Omega"), Abingworth Bioventures VII LP (together with its Affiliates, "Abingworth"), Aisling Capital V, LP (together with its Affiliates, "Aisling"), HealthCap VIII L.P. (together with its Affiliates, "HealthCap"), Citadel Multi-Strategy Equities Master Fund Ltd. (together with its Affiliates, "Surveyor"), Sands Capital Life Sciences Pulse Fund, LLC (together with its Affiliates, "Sands") or Rock Springs Capital Master Fund (together with its Affiliates, "Rock Springs") and collectively with Novo, RiverVest, Omega, Abingworth, Aisling, HealthCap, Sands, and Surveyor, the "Funds") be deemed a Competitor. View More

Competitor. Means a Person engaged, directly or indirectly (including through any partnership, limited liability company, corporation, joint venture or similar arrangement (whether now existing or formed hereafter)), in the food, beverage and supplement industries, but shall not include any financial investment firm or collective investment vehicle that, together with its Affiliates, holds less than twenty percent (20%) of the outstanding equity of any Competitor and does not, nor do any of its Affiliates,... have a right to designate any members of the board of directors of any Competitor; provided, however, that notwithstanding (i) anything in this Agreement to the contrary and (ii) any inconsistent determination by the Board of Directors, neither DMV nor any of its Affiliates, shall, or ever shall, be deemed to be a Competitor. For the avoidance of doubt, neither DMV nor any of its Affiliates shall be deemed a "Competitor" for all purposes of this Agreement and any other agreement which refers to this definition of "Competitor". View More

Competitor. Means a Person engaged, directly or indirectly (including through any partnership, limited liability company, corporation, joint venture or similar arrangement (whether now existing or formed hereafter)), in business reasonably deemed to be competitive by the Board of Directors, but shall not include (i) any financial investment firm or collective investment vehicle that, together with its Affiliates, holds less than twenty percent (20%) of the outstanding equity of any Competitor and does not,... nor do any of its Affiliates, have a right to designate any members of the board of directors of any Competitor, (ii) Perceptive Life Sciences Master Fund Ltd. (iii) RTW, (iv) Rock Springs Capital Master Fund LP and Four Pines Master Fund LP, and (v) Franklin Strategic Series-Franklin Biotechnology Discovery Fund and Franklin Templeton Investments Funds – Franklin Biotechnology Discovery Fund (collectively, "Franklin"). View More

Competitor. Means a Person engaged, directly or indirectly (including through any partnership, limited liability company, corporation, joint venture or similar arrangement (whether now existing or formed hereafter)), in commercial activities directly competitive with the commercial activities engaged in by the Company; provided, however, the term "Competitor" shall not include any financial investment firm or collective investment vehicle (including any venture capital fund). For purposes of clarity, if a... financial investment firm or collective investment vehicle (including any venture capital fund) owns a portfolio company or any interest in a portfolio company that is engaged in commercial activities directly competitive with the commercial activities engaged in by the company, such financial investment firm or collective investment vehicle (including any venture capital fund) shall not be deemed to be a "Competitor" but such portfolio company shall be deemed to be a "Competitor". View More

Competitor. Means a Person engaged, directly or indirectly (including through any partnership, limited liability company, corporation, joint venture or similar arrangement (whether now existing or formed hereafter)), in a business that competes with any business of the Company and/or its subsidiaries as reasonably determined in good faith by the Board of Directors; provided, however, that any venture capital firm, financial investment firm or collective investment vehicle that is in the business of... investing in entities (or any employee, partner or member of such an entity) shall under no circumstances be deemed a "Competitor" solely as a result of such entity's investments in such a business. View More

Competitor. Means a Person engaged, directly or indirectly (including through any partnership, limited liability company, corporation, joint venture or similar arrangement (whether now existing or formed hereafter)), in a business that offers products or services that are directly or indirectly competitive with the products or services of the Company, including products or services which are in actual or demonstrably anticipated research or development by the Company, but shall not include any financial... investment firm or collective investment vehicle that, together with its Affiliates, holds less than twenty percent (20%) of the outstanding equity of any Competitor and does not, nor do any of its Affiliates, have a right to designate any members of the board of directors of any Competitor. In no event shall any of Glaxo Group Limited, Novo, SR One, NEA, Samsara, RA Capital, LSP or Deerfield (collectively, the "Preferred Investors"), be deemed a Competitor. View More