Credit Against Royalties Sample Clauses

Credit Against Royalties. Subject to Section 9.4.3 below, Taiho shall be entitled to credit the Recoupable Costs against royalties owed under Article 11, provided that the Base Royalties shall not be so reduced under any circumstances, in any reporting period, to (a) less than […***…] of Net Sales of Product(s) sold in the Territory by Taiho, its Affiliates and Sublicensees, with respect to Product(s) for which Section 11.2.2 does not apply, and (b) less than […***…] of Net Sales of such Product(s) sold in the Territory by Taiho, its Affiliates and Sublicensees, with respect to Product(s) for which Section 11.2.2 applies. Any amounts not able to be credited due to the foregoing proviso may be carried forward to […***…]. As used herein, “Base Royalties” shall mean the royalties payable or reimbursed to MG calculated in accordance with Article 11, less any credits applied under this Section 9.4.1 and Section 17.4.3. The calculation of Base Royalties shall include the effect of Section 11.2.1 as follows: royalties paid by MG (whether via a deduction by Taiho or a payment directly by MG) to a […***…] with respect to […***…] acquired by […***…] shall be treated as a […***…] of the Base Royalties; likewise, […***…] paid by […***…] to a third party with respect to […***…] acquired by MG shall […***…] on Base Royalties. In addition, for the avoidance of doubt, the calculation of Base Royalties shall exclude the effect of any […***…] accruing under Sections 9.1.2(b) and 9.1.4(b) which are applied by Taiho, and any adjustments to royalties hereunder under Sections 11.3 and 12.4.
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Credit Against Royalties. The Assignment Agreement is hereby modified to provide as follows: (a) The royalties payable to Xxxx pursuant to paragraph 2 of the Assignment Agreement shall be reduced by the payments made, payments to be made, and the amounts assumed, by GHA pursuant to paragraphs 5 through 8 of this Agreement (the "GHA Obligations"). (b) Notwithstanding the foregoing, in the event that the GHA Obligations in any twelve month period exceed 90% of the amounts due to Xxxx pursuant to paragraph 2(a) of the Assignment Agreement, then GHA shall pay to Xxxx 10% of the amount due to Xxxx pursuant to paragraph 2(a) of the Assignment Agreement and any amount in excess of 90% of the amount due to Xxxx pursuant to paragraph 2(a) of the Assignment Agreement shall be credited against the royalties due to Xxxx pursuant to paragraph 2(a) of the Assignment Agreement in succeeding periods.
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Credit Against Royalties. The Royalties otherwise payable by MSI pursuant to this Section 5(b) during any given year of this Agreement shall be reduced by the amounts paid by MSI during such year to Dr. Xxxxx xxx persons in his lab in the form of consulting fees and loaned equipment, including the amounts paid pursuant to the Consulting Agreement (collectively, the "Credits"). For purposes of calculating these Credits, loaned equipment shall be valued based on a three year useful life at one-third of the manufacturer's list price to purchase such equipment for each year (up to a maximum of three years) that the equipment is on loan.
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Credit Against Royalties. In appreciation of professional services business previously given by NVC to ANI, the first $400,000 of royalties otherwise payable by NVC shall be offset by a credit in the same amount.
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Credit Against Royalties. (a) Licensee shall be entitled to reduce each earned royalty payment due under Section 3.03 for a given Antigen by up to [***] percent ([***]%) by applying as a one-time credit (a “3.05 (a) Credit”) against such royalty (i) the minimum annual royalty paid for such Antigen for the calendar year for which earned royalties are then due and (ii) an amount equal to the cumulative payments previously made under Section 3.02 for the [***] ([***]) years immediately preceding the calendar year in which Licensee makes its first bona fide commercial sale in the United States, Japan or a country of the European Community of a particular Licensed Product for so long as is necessary to amortize such cumulative payments. Credits earned for one Antigen are not applicable to royalties due for other Antigens. In respect of Zevalin Product, either Licensee or any Designee pursuant to Section 2.06 paying directly to Genentech, but not both Licensee and such Designee, shall be entitled to the same 3.05(a) Credit.
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Credit Against Royalties. In the event that, for a Calendar Quarter, the total sum of royalties payable by Licensee (royalties paid to third parties and to Genentech) with respect of the sale of Licensed Product shall exceed [ *** ] of Net Sales and aggregate annual Net Sales exceed [ *** ], then Licensee shall be entitled to reduce the earned royalty percentage paid to Genentech pursuant to Section 3.03 by [ *** ] of the percentage of such royalties that exceeds [ *** ] of Net Sales, but in no event shall such earned royalty paid to Genentech be less than [ *** ] of aggregate annual Net Sales. By way of example only, and without limitation, if the total sum of royalties payable by Licensee (to third parties and to Genentech) is [ *** ] of such Net Sales of all Licensed Product for a Calendar Quarter, then Licensee is entitled to reduce the royalty paid to Genentech from [ *** ] to [ *** ] of such Net Sales for such Calendar Quarter.
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Related to Credit Against Royalties

  • Preferential Collection of Claims Against Company The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.

  • WARRANTY AGAINST CONTINGENT FEES 8.50.1 The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon any Contract or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. 8.50.2 For breach of this warranty, the County shall have the right to terminate this Contract and, at its sole discretion, deduct from the Contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

  • Invoicing for Charges Against the Judicial Council’s Master Account A. The Contractor shall establish a Master Account for the Judicial Council’s charges provided for under the exhibits of this Agreement. B. Charges to the Master Account shall be settled with Citibank CMC, as defined herein. C. The Contractor's final invoice for the Master Account shall include the Judicial Council Contract Number set forth on the face of this Agreement and shall be itemized to show the applicable and allowable charges by date and event/category/activity and number served, as appropriate. D. For performing the Work of this Agreement, the Contractor shall xxxx the Judicial Council for the total actual charges against the Master Account, based upon the prices stated herein and itemized to provide the following details, if applicable: i. Sleeping room charges as set forth in Exhibit C; ii. Meeting room rental charges as set forth in Exhibit D; iii. Food and beverage charges as set forth in Exhibit E; and/or iv. Charges for miscellaneous requirements as set forth in Exhibit F. E. If the Contract is terminated in whole or in part, pursuant to either the termination for cause provision or the Judicial Council’s obligation subject to availability of funds provision, as set forth in Exhibit A, the Contactor shall xxxx the Judicial Council for only those applicable and allowable charges accrued up to the effective date of termination, itemized as set forth above in this provision. F. If the Contract is terminated pursuant to the Termination Fee charge provision, as set forth in Exhibit B, the Contractor shall xxxx the Judicial Council for the allowable and applicable Termination Fee, as set forth in Table 2, below, and shall offset the Termination Fee by rental charges for the meeting and function rooms that the Contractor received from Third Parties during the Program

  • Preferential Collection of Claims Against Issuer The Indenture Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). An Indenture Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated.

  • Preferential Collection of Claims Against the Company The Trustee shall comply with Section 311(a) of the Trust Indenture Act, excluding any creditor relationship described in Section 311(b) of the Trust Indenture Act. A Trustee who has resigned or been removed shall be subject to Section 311(a) of the Trust Indenture Act to the extent included therein.

  • Preferential Collection of Claims Against Issuers The Trustee is subject to TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.

  • Uninsured Losses; Proceedings Against Assets There shall occur any material uninsured damage to or loss, theft or destruction of any of the Collateral in excess of $5,000,000 or the Collateral or any other of the Loan Parties’ or any of their Subsidiaries’ assets are attached, seized, levied upon or subjected to a writ or distress warrant; or such come within the possession of any receiver, trustee, custodian or assignee for the benefit of creditors and the same is not cured within thirty (30) days thereafter;

  • Preferential Collection of Claims Against the Issuer The Trustee is subject to TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.

  • Preferential Collection of Claims Against the Issuers The Trustee is subject to TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.

  • Claims Against the School District It is understood that the School District's only obligation is to purchase an insurance policy and pay such amounts as agreed to herein and no claim shall be made against the School District as a result of a denial of insurance benefits by an insurance carrier.

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