Third Party

Third Party. Shall mean any party other than Calypte or Ani or an Affiliate of either Calypte or Ani.

Third Party. Shall mean any entity other than the Foundation or CombinatoRx or an Affiliate of the Foundation or CombinatoRx.

Third Party. Any Person other than the following: (i) IDEC; (ii) any Affiliates of IDEC; (iii) any partners of IDEC that are involved in the development, marketing or manufacture of products that are developed by, or co-developed with, IDEC; (iv) any successors-in-interest to all or substantially all of IDEC's assets or to any business or product to which the Assigned IP relates (an "IDEC Successor"); (v) any Affiliates of any IDEC Successor; (v) any partners of any IDEC Successor that are involved in the... development, marketing or manufacture of products that are developed by, or co-developed with, such IDEC Successor; and (vi) any licensees of rights from IDEC or any IDEC Successor as to products that are developed or co-developed by IDEC or any IDEC Successor. [CONFIDENTIAL TREATMENT REQUESTED]. View More

Third Party. Means any Person, other than the Company, Parent Company, Subsidiary, any Affiliate of the Company, Parent Company or Subsidiary, or any Benefit Plan(s) sponsored by the Company, Parent Company or an Affiliate.

Third Party. Means any Person other than the Company or its Affiliate or any Securityholder or Permitted Transferee of a Securityholder. 6 "Third Party Offer" has the meaning assigned to such term in Section 3.1.1.

Third Party. Shall mean any Person other than Deltagen and its Affiliates and Pfizer.

Third Party. Shall mean any Person other than the Company, the Lender or any Affiliate of the Company and the Lender.

Third Party. Shall mean any bona fide, non-related, non-affiliated third party offeror.

Third Party. A person or entity who/which is not currently employed by, associated with or otherwise involved with the Company ("Third Party"). For purposes of this Agreement, including if he subsequently is no longer employed by the Company for any reason whatsoever, Corey M. Patick ("Patick") is expressly excluded from the within definition of Third Party as used in this Agreement in the event that he should acquire and thereby become the record and beneficial owner of any or all of the shares of the... Company's Common Stock under that certain Option Agreement dated May 15, 1999 and/or Patick is otherwise deemed to be a successor owner of such stock or otherwise is deemed to be in control or to have acquired control of the Company, provided that (i) Patick is the registered and beneficial owner of at least a majority of such stock following the consummation of any such transaction or series of transactions and (ii) such Change of Control involving Patick does not thereafter result in the involuntary termination of Recipient within the ninety (90) day period following any such Change of Control. Also expressly excluded from the definition of Third Party is any employee stock ownership trust and/or plan generally described as a qualified stock bonus plan or a combination stock bonus and money purchase pension plan that meets the requirements under the Employee Retirement Income Security Act of 1974 as amended under the Internal Revenue Code of 1986 as amended that allows the plan to borrow from or on the credit of the Company or its shareholders for the purpose of investing in the Company's securities (the "ESOP Exception"). View More

Third Party. Any Person, other than the Company, Parent, Subsidiary, any Affiliate of the Company, Parent or Subsidiary, or any Benefit Plan(s) sponsored by the Company, Parent or an Affiliate. August 26, 2005 Page 6