Competitor

Competitor. Means, as of any date, 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 business conducted or proposed to be conducted by the Company on such date, but shall not include any financial investment firm or collective investment vehicle that, together with its Affiliates, holds less than thirty percent (30)% 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, for as long as (i) a principal of Omega (as defined below) has the right to serve as a director of the Company, Omega shall not be deemed a Competitor, (ii) a principal of ARCH (as defined above) has the right to serve as a director of the Company, ARCH shall not be deemed a Competitor, and (iii) Hillhouse (as defined below) holds shares of the Company, Hillhouse shall not be deemed a Competitor. View More

Competitor. Any Person engaged in the 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 business of developing, manufacturing, producing, distributing and selling medical device products for use in the treatment of patients with renal disease, including hemodiafiltration systems for use in kidney dialysis, 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. 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 precision oncology medicine, but shall not include 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. Notwithstanding the above, for the purposes of this Agreement, (i) Chione shall not be deemed to be a Competitor for any activities it conducts that is consistent with Section 5.11, the Wellington Investor (as defined below) shall not be deemed a Competitor, (iii) Surveyor (as defined below) shall not be deemed a Competitor (as defined below), (iv) neither RA Capital Healthcare Fund, L.P., RA Capital Nexus Fund II, L.P. nor any of their respective Affiliates (collectively, "RA") shall be deemed a Competitor, (v) HBM (as defined below) shall not be deemed a Competitor, (vi) Eli Lilly and Company and its Affiliates ("Lilly") shall not be deemed a Competitor, (vii) MW XO Health Innovations Fund, LP and its Affiliates ("Marshall Wace") shall not be deemed a Competitor, (viii) Sands Capital Life Sciences Pulse Fund II, L.P. and its Affiliates ("Sands Capital") shall not be deemed a Competitor, (ix) Perceptive Life Sciences Master Fund, Ltd. and its Affiliates ("Perceptive") shall not be deemed a Competitor, (x) Alexandria Venture Investments, LLC and its Affiliates ("AVI") shall not be deemed a Competitor and (xi) BB Pureos Bioventures, LP and its Affiliates ("Pureos") shall not 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 infectious disease pharmaceuticals, 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, Pfizer Inc. and its controlled Affiliates, including, without limitation, Anacor Pharmaceuticals, Inc. (together, "Pfizer") shall not be deemed a Competitor for the purposes of Section 4.1 herein and none of Adjuvant Global Health Technology Fund L.P. and its Affiliates ("Adjuvant"), Brii Biosciences Limited or its controlled Affiliates ("Brii"), MGC Venture Partners 2018, LP or its Affiliates ("MGC") or RA Capital (as defined below) shall be deemed a Competitor for the purposes hereof. 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 is a competitor of the Company, but shall not include (a) any financial investment firm or collective investment vehicle that, together with its Affiliates, holds less than 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, or (b) EcoR1, Farallon, Atlas, F-Prime, NEA, Lonza, MEEI, RA Capital, TCG, Perceptive, or any of their respective Affiliates. 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 treatment of hypertension or other cardiovascular disease related to modulating alderosterone, 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, none of: General Atlantic (CIN), L.P. ("General Atlantic"), Sofinnova Venture Partners X, L.P. ("Sofinnova Investments"), Sofinnova Capital IX ("Sofinnova Partners"), 5AM Ventures VI, L.P. ("5AM"), RTW Master Fund, Ltd., RTW Innovation Master Fund, Ltd. and RTW Venture Fund Limited (collectively, "RTW"), Rock Springs Capital Master Fund LP and Four Pines Master Fund LP (collectively, "Rock Springs"), Biotechnology Value Fund, L.P., Biotechnology Value Fund II, L.P. and Biotechnology Value Trading Fund OS, L.P. (collectively, "BVF"), Omega Fund VI, L.P. ("Omega"), Perceptive Life Sciences Master Fund Ltd. ("Perceptive"), LAV Fund VI, LP. and LAV Fund VI Opportunities, L.P. (collectively, "LAV") or their respective Affiliates shall be deemed a Competitor for the purposes hereof. View More

Competitor. Any Person who engages, directly or indirectly, in a business similar to that of the Company or Golden Matrix or who offers for sale any products or services similar to those offered by the Company or Golden Matrix, in each case as determined by a Majority In Interest

Competitor. Means a Person (including through any partnership, limited liability company, corporation, joint venture or similar arrangement (whether now existing or formed hereafter)) engaged, directly or indirectly, in any business that is, directly or indirectly, engaged in the development, marketing, distribution, licensing, sale or provision of any products or services that are competitive with any products or services developed, marketed, distributed, licensed, sold or provided by the Company and/or... its subsidiaries, but shall not include any venture capital fund or other investment fund or financial investment firm 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 in no event will any Investor be deemed to be a Competitor by virtue of its status as a venture capital fund or other investment fund or financial investment firm. 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 Company's then current line of business, but shall not include (a) any financial investment firm or collective investment vehicle that, together with its Affiliates, holds less than a majority of the outstanding voting securities of any Competitor or (b) Meritech Capital Partners V L.P.... or any of its Affiliates ("Meritech"). View More