OMITTED AND FILED SEPARATELY WITH COMMISSION. For purposes hereof, “operating income” shall be determined in accordance with generally accepted accounting principles and as reflected in the Company’s audited financial statements for the respective Fiscal year, excluding, therefrom (if otherwise included in “operating income”), however, any expense arising from the Performance Shares, any gains or losses on the sale of Company owned restaurants to franchisees and costs and fees associated with the purchase or sale of equity securities of the Company or the borrowing of, or reduction in, debt financing (“Operating Income”). If the Company’s Operating Income for any Fiscal year does not equal or exceed the Target Operating Income indicated above, a percentage of the Performance Shares that would have vested had such Target Operating Income been equaled or exceeded can, nevertheless, still vest as follows: Notwithstanding the foregoing, if there is a change (a “Change”) to generally accepted accounting principles that affects the computation of “operating income” for Fiscal years within a Performance Period, (i) the Base Year Operating Income will be recomputed to reflect the impact of any such Change as if the Change had occurred in Fiscal 2006, and (ii) if such Change would have affected Base Year Operating Income, Target Operating Income will also be recomputed using the same methodology that was used to derive the Target Operating Income listed in the table above, which methodology was provided in writing to the Compensation Committee of the Board, and its tax and legal advisors, at the time of approval of this Amendment.
OMITTED AND FILED SEPARATELY WITH COMMISSION. With respect to Licensed Product comprising Licensed Know-How in the form of software embodying algorithms for determining the melting temperature of MGB Oligonucleotides, Net Sales for software sold separately shall be calculated as set forth above, and Net Sales for software sold or otherwise transferred in combination with equipment, other software or other products, or otherwise provided by Perkxx-Xxxxx to its customers, will be determined as if such software had been sold at the average Net Sales price for such software during the past one hundred and twenty (120) days prior to such sale, transfer or disposition.
OMITTED AND FILED SEPARATELY WITH COMMISSION. The Research Committee may decide to extend the [*] days and [*] days periods respectively and reduce the number of Cortex Compounds to be released in the 30 days periods. In the event less than [*] FTE's are made available by Cortex at the end of the [*] days period the [*] days period shall be extended until such [*] FTE's have been employed by Cortex.
OMITTED AND FILED SEPARATELY WITH COMMISSION. Exhibit E List of Documents To Be Delivered by CMI In Accordance With Article 7 For all of the Products, CMI shall deliver to MTI:
OMITTED AND FILED SEPARATELY WITH COMMISSION. No deductions may be made from the gross receipts for (i) commissions paid to individuals for the sale of Licensed Products whether they are independent sales agents or regularly employed by, Cortex, its Affiliates, its joint venture partners, co-promoters and their respective sub-licensees, or (ii) for any other cost incurred in the manufacture, marketing, sale, distribution, shipment, promotion, advertisement, exploitation or commercialization of Licensed Products.
