Operating Profits and Loss Sharing Sample Clauses

Operating Profits and Loss Sharing. (a) The Parties agree that Celgene will bear (and be entitled to) [***] percent ([***]%), and Vividion will bear (and be entitled to) [***] percent ([***]%) of Operating Profits or Losses with respect to (i) any Phase IV Studies of Shared Products and Companion Diagnostics conducted following Regulatory Approval in the US Territory for U.S. Administration (“US Phase IV Studies”) and (ii) Commercialization of Shared Products and Companion Diagnostics in the US Territory.
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Operating Profits and Loss Sharing. (a) The Parties agree that Celgene will bear (and be entitled to) [***] percent ([***]%), and Vividion will bear (and be entitled to) [***] percent ([***]%) of Operating Profits or Losses with respect to Development and Commercialization of Shared Products and Companion Diagnostics in the Territory.
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Operating Profits and Loss Sharing. (a) The Parties agree to share Operating Profits or Losses with respect to Development and Commercialization of Co-Co Products and Co-Co Diagnostic Products in the United States as set forth below:
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Operating Profits and Loss Sharing. 4.1 The Parties agree to share the Operating Profits or Losses for the Territory as set forth in Section 9.3 (Profit and Loss Share).
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Operating Profits and Loss Sharing. Genentech and OSI agree to share the Operating Profit or Loss in the Territory resulting from the Agreement in the following manner:
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Operating Profits and Loss Sharing. (a) The Parties agree to share equally (which, for clarity, shall mean that OncoMed shall bear (and be entitled to) fifty percent (50%), and Celgene will bear (and be entitled to) fifty percent (50%) of the Operating Profit or Loss with respect to Co-Co Product for U.S. Administration as set forth in Section 6.3 of this Co-Co Agreement.
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Operating Profits and Loss Sharing. (a) The Parties agree to share equally (which, for clarity, shall mean that Juno shall bear (and be entitled to) [***], and Celgene will bear (and be entitled to) [***] of the Operating Profit or Loss with respect to Juno Program Co-Co Product as set forth in Section 5.2 of this Juno Lead Co-Co Agreement.
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Operating Profits and Loss Sharing. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
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Operating Profits and Loss Sharing. Genentech and Dendreon agree to share the Operating Profit or Loss in the Territory resulting from the Agreement in the following manner:
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Related to Operating Profits and Loss Sharing

  • Profits and Losses For financial accounting and tax purposes, the Company’s net profits or net losses shall be determined on an annual basis in accordance with the manner determined by the Board. In each year, profits and losses shall be allocated entirely to the Member.

  • Apportionment of Earnings and Profits and Tax Attributes (a) Tax Attributes arising in a Pre-Distribution Period will be allocated to (and the benefits and burdens of such Tax Attributes will inure to) the members of the Parent Group and the members of the SpinCo Group in accordance with the Code, Treasury regulations and any other Applicable Tax Law, and, in the absence of controlling legal authority or unless otherwise provided under this Agreement, Tax Attributes shall be allocated to the legal entity that created such Tax Attributes.

  • Allocation of Profits and Losses The Company’s profits and losses shall be allocated to the Member.

  • Participation in Profits and Losses All profits and losses of the Company will be allocated to the Member.

  • Profits and Losses Distributions The Member shall treat all of the profits and losses of the Company as its own. All distributions shall be made to the Member at times and in amounts determined by the Member or the Board of Managers. The Company shall not make distributions to the Member if such distribution would violate Section 18-607 of the Act.

  • Allocations of Profits and Losses Except as otherwise provided in this Agreement, Profits and Losses (and, to the extent necessary, individual items of income, gain or loss or deduction of the Partnership) shall be allocated in a manner such that the Capital Account of each Partner after giving effect to the Special Allocations set forth in Section 5.05 is, as nearly as possible, equal (proportionately) to (i) the distributions that would be made pursuant to Article IV if the Partnership were dissolved, its affairs wound up and its assets sold for cash equal to their Carrying Value, all Partnership liabilities were satisfied (limited with respect to each non-recourse liability to the Carrying Value of the assets securing such liability) and the net assets of the Partnership were distributed to the Partners pursuant to this Agreement, minus (ii) such Partner’s share of Partnership Minimum Gain and Partner Nonrecourse Debt Minimum Gain, computed immediately prior to the hypothetical sale of assets. For purposes of this Article V, each Unvested Unit shall be treated as a Vested Unit. Notwithstanding the foregoing, the General Partner shall make such adjustments to Capital Accounts as it determines in its sole discretion to be appropriate to ensure allocations are made in accordance with a partner’s interest in the Partnership.

  • Allocation of Net Profits and Net Losses As of the last day of each Fiscal Period, any Net Profits or Net Losses for the Fiscal Period shall be allocated among and credited to or debited against the Capital Accounts of the Members in accordance with their respective Investment Percentages for such Fiscal Period.

  • Gross Income Allocation If any Partner has a deficit Capital Account at the end of any Fiscal Year which is in excess of the sum of (i) the amount such Partner is obligated to restore, if any, pursuant to any provision of this Agreement, and (ii) the amount such Partner is deemed to be obligated to restore pursuant to the penultimate sentences of Treasury Regulations Section 1.704-2(g)(1) and 1.704-2(i)(5), each such Partner shall be specially allocated items of Partnership income and gain in the amount of such excess as quickly as possible; provided that an allocation pursuant to this Section 5.05(c) shall be made only if and to the extent that a Partner would have a deficit Capital Account in excess of such sum after all other allocations provided for in this Article V have been tentatively made as if Section 5.05(b) and this Section 5.05(c) were not in this Agreement.

  • Net Income and Net Loss All net income or net loss of the Company shall be for the account of the Member.

  • Allocation of Net Income and Net Loss Net Income or Net Loss of the Partnership shall be determined as of the end of each calendar year and as of the end of any interim period extending through the day immediately preceding any (i) disproportionate Capital Contribution, (ii) disproportionate distribution, (iii) Transfer of a Partnership Interest in accordance with the terms of this Agreement, or (iv) Withdrawal Event. If a calendar year includes an interim period, the determination of Net Income or Net Loss for the period extending through the last day of the calendar year shall include only that period of less than twelve (12) months occurring from the day immediately following the last day of the latest interim period during the calendar year and extending through the last day of the calendar year. For all purposes, including income tax purposes, Net Income, if any, of the Partnership for each calendar year or interim period shall be allocated among the Partners in proportion to their respective Partnership Percentages for the calendar year or interim period. In the event of a Net Loss for a particular calendar year or interim period, then, for such calendar year or interim period, the Net Loss for such calendar year or interim period shall be allocated among the Partners in proportion to their respective Partnership Percentages for the calendar year or interim period.

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