Prohibited Transferee. The Purchaser is not engaged, directly or indirectly (including through any partnership, limited liability company, corporation, joint venture or similar arrangement (whether now existing or formed hereafter)) in drug discovery and development using ubiquitin ligase screening technology (a “Competitor”), not taking into account 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 the Purchaser 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 neither Eisai Co., Ltd. nor ▇▇▇ ▇▇▇▇▇ and Company will be deemed to be a Competitor for these purposes.
Appears in 3 contracts
Sources: Preferred Share Purchase Agreement (BeyondSpring Inc.), Preferred Share Purchase Agreement (BeyondSpring Inc.), Preferred Share Purchase Agreement (BeyondSpring Inc.)