Common use of Payment of Compensatory Payments upon a Seller Launch Clause in Contracts

Payment of Compensatory Payments upon a Seller Launch. Subject to Section 2.3.5 below, in the event that Seller engages in a Seller Launch, Seller shall pay to Purchaser payments (the “Compensatory Payments”), up to the aggregate amount of [***] (the “Maximum Compensatory Payments”), equal to: (a) during the first six full calendar months following Seller’s First Commercial Sale pursuant to the Seller Launch, the greater of (i) [***] of Seller’s Net Sales of Product sold in the Territory and (ii) [***]; (b) during the second six full calendar months following Seller’s First Commercial Sale pursuant to the Seller Launch, the greater of (i) [***] of Seller’s Net Sales for Product sold in the Territory and (ii) [***]; and (c) [***] of Seller’s Net Sales of Product sold in the Territory during each calendar quarter after the first twelve full calendar months after Seller’s First Commercial Sale pursuant to the Seller Launch.

Appears in 3 contracts

Samples: Distribution Agreement (Amphastar Pharmaceuticals, Inc.), Distribution Agreement (Amphastar Pharmaceuticals, Inc.), Distribution Agreement (Andrx Corp /De/)

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Payment of Compensatory Payments upon a Seller Launch. Subject to Section 2.3.5 below, in the event that Seller engages in a Seller Launch, Seller shall pay to Purchaser payments (the "Compensatory Payments"), up to the aggregate amount of [***] (the "Maximum Compensatory Payments"), equal to: (a) during the first six full calendar months following Seller’s 's First Commercial Sale pursuant to the Seller Launch, the greater of (i) [***] of Seller’s 's Net Sales of Product sold in the Territory and (ii) [***]; (b) during the second six full calendar months following Seller’s 's First Commercial Sale pursuant to the Seller Launch, the greater of (i) [***] of Seller’s 's Net Sales for Product sold in the Territory and (ii) [***]; and (c) [***] of Seller’s 's Net Sales of Product sold in the Territory during each calendar quarter after the first twelve full calendar months after Seller’s 's First Commercial Sale pursuant to the Seller Launch. [***] Certain information on this page has been redacted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.

Appears in 1 contract

Samples: Distribution Agreement (Amphastar Pharmaceuticals, Inc.)

Payment of Compensatory Payments upon a Seller Launch. Subject to Section 2.3.5 below, in the event that Seller engages in a Seller Launch, Seller shall pay to Purchaser payments (the "Compensatory Payments"), up to the aggregate amount of [***] (the "Maximum Compensatory Payments"), equal to: (a) during the first six full calendar months following Seller’s 's First Commercial Sale pursuant to the Seller Launch, the greater of (i) [***] of Seller’s 's Net Sales of Product sold in the Territory and (ii) [***]; (b) during the second six full calendar months following Seller’s 's First Commercial Sale pursuant to the Seller Launch, the greater of (i) [***] of Seller’s 's Net Sales for Product sold in the Territory and (ii) [***]; and (c) [***] of Seller’s 's Net Sales of Product sold in the Territory during each calendar quarter after the first twelve full calendar months after Seller’s 's First Commercial Sale pursuant to the Seller Launch.

Appears in 1 contract

Samples: Distribution Agreement (Amphastar Pharmaceuticals, Inc.)

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Payment of Compensatory Payments upon a Seller Launch. Subject to Section 2.3.5 below, in the event that Seller engages in a Seller Launch, Seller shall pay to Purchaser * filed under application for confidential treatment payments (the “Compensatory Payments”), up to the aggregate amount of [****] (the “Maximum Compensatory Payments”), equal to: (a) during the first six full calendar months following Seller’s First Commercial Sale pursuant to the Seller Launch, the greater of (i) [****] of Seller’s Net Sales of Product sold in the Territory and (ii) [****]; (b) during the second six full calendar months following Seller’s First Commercial Sale pursuant to the Seller Launch, the greater of (i) [****] of Seller’s Net Sales for Product sold in the Territory and (ii) [****]; and (c) [****] of Seller’s Net Sales of Product sold in the Territory during each calendar quarter after the first twelve full calendar months after Seller’s First Commercial Sale pursuant to the Seller Launch.

Appears in 1 contract

Samples: Distribution Agreement (Andrx Corp /De/)

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