Commercial Success Payments Sample Clauses

Commercial Success Payments. Roche shall pay to Stressgen the following one time, nonrefundable and non-creditable amounts, within thirty (30) days after the amount of cumulative worldwide Net Sales of First Generation Products, Second Generation Products, or both, whichever is the first to reach such Net Sales levels, referred to in the chart below has been achieved by the Roche Group: Commercial Event Amount (millions of dollars) Aggregate Net Sales of Target Products in the Territory equal [***] in a calendar year [***] Aggregate Net Sales of Target Products in the Territory equal [***] in a calendar year [***] Aggregate Net Sales of Target Products in the Territory equal [***] in a calendar year [***] Aggregate Net Sales of Target Products in the Territory equal [***] in a calendar year [***] Notwithstanding anything herein to the contrary, Roche shall make each of such payments in this Section 7.3 only once for the first occurrence of a respective event, whether for the First Generation Product alone, the Second Generation Product alone, or the combination of the Target Products. If Net Sales by the Roche Group in a given calendar year surpass more than one milestone event [***], then Stressgen shall be paid both milestones achieved during such calendar year. No sales by Stressgen during the Stressgen Sales Period shall be included for purposes of determining the payments due under this Section 7.3.
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Commercial Success Payments. In consideration for Stressgen’s participation in the development and commercialization of Target Products hereunder, Roche shall pay to Stressgen the following one time, nonrefundable and non-creditable amounts, within thirty (30) days after [* * *] referred to in the chart below for each of the following events with respect to the cumulative worldwide Net Sales of the Target Product over [* * *]: [*]=CONFIDENTIAL TREATMENT REQUEST(ED). Commercial Event Amount (millions of dollars) Where aggregate Net Sales of Target Products in the Territory reach [*] as measured by the cumulative Net Sales during [*] ending on or prior to [*] after First Commercial Sale [*] Where aggregate Net Sales of Target Products in the Territory reach [*] as measured by the cumulative Net Sales during [*] ending on or prior to [*] after First Commercial Sale [*] Where aggregate Net Sales of Target Products in the Territory reach [*] as measured by the cumulative Net Sales during [*] [*] Where aggregate Net Sales of Target Products in the Territory reach [*] as measured by the cumulative Net Sales during [*] [*] Notwithstanding anything herein to the contrary, Roche shall make each of such payments in this Section 3.4 only once for the first occurrence of a respective event. In the event Net Sales in a given period of [*] grow from less than one milestone threshold amount (e.g., just below [*]) past a second threshold amount [*] then Stressgen shall be paid both milestones achieved during such [*] period.

Related to Commercial Success Payments

  • Progress Payments 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents.

  • Excess Payments If Tenant shall assign this Lease or sublet any part of the Premises for consideration in excess of the pro-rata portion of Rent applicable to the space subject to the assignment or sublet, then Tenant shall pay to Landlord as Additional Rent 50% of any such excess immediately upon receipt.

  • Payments and Computations, Etc All amounts to be paid or deposited by Buyer hereunder shall be paid or deposited in accordance with the terms hereof on the day when due in immediately available funds to the account of Originator designated from time to time by Originator or as otherwise directed by Originator. In the event that any payment owed by any Person hereunder becomes due on a day that is not a Business Day, then such payment shall be made on the next succeeding Business Day. If any Person fails to pay any amount hereunder when due, such Person agrees to pay, on demand, the Default Fee in respect thereof until paid in full; provided, however, that such Default Fee shall not at any time exceed the maximum rate permitted by applicable law. All computations of interest payable hereunder shall be made on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed.

  • Combinations and Split-ups of Receipts Upon surrender of a Receipt or Receipts at the Depositary Office or such other office as the Depositary may designate for the purpose of effecting a split-up or combination of Receipts, subject to the terms and conditions of this Deposit Agreement, the Depositary shall execute and deliver a new Receipt or Receipts in the authorized denominations requested evidencing the same aggregate number of Depositary Shares evidenced by the Receipt or Receipts surrendered.

  • Payment of Obligations and Taxes Make timely payment of all assessments and taxes and all of its liabilities and obligations including, but not limited to, trade payables, unless the same are being contested in good faith by appropriate proceedings with the appropriate court or regulatory agency. For purposes hereof, the Borrower's issuance of a check, draft or similar instrument without delivery to the intended payee shall not constitute payment.

  • Successive Adjustments After an adjustment to the Conversion Rate under this Article 11, any subsequent event requiring an adjustment under this Article 11 shall cause an adjustment to the Conversion Rate as so adjusted.

  • Distributions and Payments Section 4.01.

  • Assignments and Participations Successors 83 14.1 Assignments and Participations..................................83 14.2 Successors......................................................85 15.

  • Obligations and Taxes Pay its Indebtedness and other obligations promptly and in accordance with their terms and pay and discharge promptly when due all taxes, assessments and governmental charges or levies imposed upon it or upon its income or profits or in respect of its property, before the same shall become delinquent or in default, as well as all lawful claims for labor, materials and supplies or otherwise that, if unpaid, might give rise to a Lien upon such properties or any part thereof; provided, however, that such payment and discharge shall not be required with respect to any such tax, assessment, charge, levy or claim so long as the validity or amount thereof shall be contested in good faith by appropriate proceedings and the Borrower shall have set aside on its books adequate reserves with respect thereto in accordance with GAAP and such contest operates to suspend collection of the contested obligation, tax, assessment or charge and enforcement of a Lien and, in the case of a Mortgaged Property, there is no risk of forfeiture of such property.

  • Tax Returns and Payments; Pension Contributions Borrower and each of its Subsidiaries has timely filed all required tax returns and reports, and Borrower and each of its Subsidiaries, has timely paid all foreign, federal, state, and local taxes, assessments, deposits and contributions owed by Borrower and such Subsidiaries, in all jurisdictions in which Borrower or any such Subsidiary is subject to taxes, including the United States, unless such taxes are being contested in accordance with the following sentence. Borrower and each of its Subsidiaries, may defer payment of any contested taxes, provided that Borrower or such Subsidiary, (a) in good faith contests its obligation to pay the taxes by appropriate proceedings promptly and diligently instituted and conducted, (b) notifies Collateral Agent in writing of the commencement of, and any material development in, the proceedings, and (c) posts bonds or takes any other steps required to prevent the Governmental Authority levying such contested taxes from obtaining a Lien upon any of the Collateral that is other than a “Permitted Lien.” Neither Borrower nor any of its Subsidiaries is aware of any claims or adjustments proposed for any of Borrower’s or such Subsidiaries’, prior tax years which could result in additional taxes becoming due and payable by Borrower or its Subsidiaries. Borrower and each of its Subsidiaries have paid all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms, and neither Borrower nor any of its Subsidiaries have, withdrawn from participation in, and have not permitted partial or complete termination of, or permitted the occurrence of any other event with respect to, any such plan which could reasonably be expected to result in any liability of Borrower or its Subsidiaries, including any liability to the Pension Benefit Guaranty Corporation or its successors or any other Governmental Authority.

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