Contrave Holdback Bottles means all Contrave® in the following lots: ZCXT, ZCXV, ZCXW, ZCXX, ZCXY, ZKGB, ZKGC, ZYCY, ZYCZ, ZYDC, ZYDB, ZYDF, ZYDD, YZDN, ZNPZ, ZNSB, ZYFV, ZNSC.
Contrave Impacted Bottles means all Contrave® in the lots numbered
ZCXM, ZCXN, ZCXP and ZCXS.
Damages has the meaning set forth in Section 8.2. For the
avoidance of doubt, Damages shall include but not be limited to amounts paid or payable by Purchaser or any other Purchaser Indemnified Party to any third party, including but not limited to McKesson, Cardinal, AmerisourceBergen and
their respective Affiliates in connection with actions taken to respond to any recall, withdrawal or similar action concerning the Contrave Holdback Bottles.
Effective Date means the date the Chapter 11 Plan is substantially consummated.
FDA means the U.S. Food and Drug Administration.
Holdback Amount means $5,000,000.
Holdback Release Date has the meaning set forth in Section 2.13.
Holdback Release Payee shall mean (i) if neither the Effective Date nor the Conversion Date shall have occurred as of
the Holdback Release Date, the Seller; (ii) if the Holdback Release Date occurs on or after the Effective Date, the Person designated to receive any portion of the Holdback Amount, on behalf of the Noteholders, in the Chapter 11 Plan or the
Confirmation Order, or, if no such designation is made, the Indenture Trustee, for the benefit of the Noteholders; or (iii) if the Holdback Release Date occurs on or after the Conversion Date, the Chapter 7 Trustee.
Indemnification Claims has the meaning set forth in Section 2.13.
Indenture means that certain Indenture, dated as of March 21, 2016 (as amended, restated, supplemented, or otherwise
modified), by and between, the Seller, as issuer, and U.S. Bank National Association, as Trustee and Prepetition Collateral Agent, under which the Seller issued the Secured Notes.
Indenture Trustee means U.S. Bank National Association, as Trustee and Prepetition Collateral Agent.
Inspection Period has the meaning set forth in Section 2.13.
Noteholders means the holders of the Secured Notes as they may be comprised from time to time.