Payments in Respect of the Assigned Interests. In connection with the assignment of the Assigned Interest, Purchaser shall be entitled to receive (i) the Assigned Interests in respect of Net Revenues earned during the Revenue Interest Period and (ii) any Delinquent Assigned Interests Payment, as and when due.
Payments in Respect of the Assigned Interests. The Borrower shall pay to the Lender the Assigned Interests (a) in respect of Net Revenues earned during the immediately preceding Fiscal Quarter concurrently with the delivery of each Quarterly Net Revenue Report in the amount set forth thereon, until the end of the Fiscal Quarter in which the Prepayment Date occurs and (b) commencing with the first calendar month beginning after the end of the Fiscal Quarter in which the Prepayment Date occurs, in respect of Net Revenues earned during the immediately preceding month concurrently with the delivery of each Monthly Net Revenue Report in the amount set forth thereon, until the Maturity Date.
Payments in Respect of the Assigned Interests. In connection with the purchase of the Assigned Interests, and subject to the terms and conditions of this Agreement, the Purchasers shall be entitled to receive (i) an amount equal to the product of the Applicable Percentage multiplied by the applicable Net Sales during the Payment Period (such payments, the “Royalty Interest Payments”), (ii) an amount equal to the product of the U.S. Licensing / Participation Percentage multiplied by the U.S. Licensing / Participation Proceeds during the Payment Period (such payments, the “U.S. Licensing / Participation Payments”) and (iii) an amount equal to the product of the Ex-U.S. Licensing / Participation Percentage multiplied by the Ex-U.S. Licensing / Participation Proceeds during the Payment Period (such payments, the “Ex-U.S. Licensing / Participation Payments”) ((i), (ii) and (iii) together, the “Assigned Interest Payments”), as provided in this Section 2.02.
Payments in Respect of the Assigned Interests. Assignor shall make the following payments to Assignees in respect of the Assigned Interests:
(a) Subject to the minimum payment requirements of Section 2.02(b), Assignor shall pay Assignees an amount equal to the Applicable Percentage of Total Net Sales made during the Term. In the event that as of June 30, 2005 or June 30, 2006, Primary Products Net Sales for the first two quarters of such year are less than fifty percent (50%) of * Sales for the same two quarters (calculated by dividing the * Sales for the applicable calendar year by two (2)), the Assignor shall, on or before July 20 of such year, pay to the Assignees the additional amount that would have been paid during the first two quarters of such year had the rate specified in clause (x) of Applicable Percentage been applied during such quarters and the Applicable Percentage shall be thereafter calculated at the rate specified in clause (x) of the definition of Applicable Percentage for the remainder of that year, subject to final adjustment in accordance with Section 2.02(e) and (i) below. In the event that as of June 30 in any calendar year after December 31, 2006, Primary Products Net Sales for the first two quarters of such year are less than $37.5 million, the Assignor shall, on or before July 20 of such year, pay to the Assignees the additional amount that would have been paid during the first two quarters of such year had the rate specified in clause (y) of Applicable Percentage been applied during such quarters and the Applicable Percentage shall be thereafter calculated at the rate specified in clause (y) of the definition of Applicable Percentage for the remainder of that year, subject to final adjustment in accordance with Section 2.02(e) and (i) below.
(b) For each calendar year during the Term, Assignor shall be required to pay Assignees the greater of: (i) the aggregate amounts payable in accordance with Sections 2.02(a) above and (ii) the first $5 million of Included Products Payments in 2004, the first $6.25 million of Included Products Payments in 2005, the first $7.5 million of Included Products Payments in 2006, the first $10 million of Included Products Payments in each of the years 2007 through 2009 and the first $12.5 million of Included Products Payments in each of the years 2010 through 2012 and if the Included Product Payments during any period are insufficient to meet the minimum first payments required by this subsection (b)(ii), Assignor shall pay such amounts from any ...
Payments in Respect of the Assigned Interests. In connection with the purchase of the Assigned Interests, and subject to the terms and conditions of this Agreement, the Purchasers shall be entitled to receive an amount equal to the product of the Applicable Percentage multiplied by the applicable Net Sales during the Revenue Interest Period (such payments, the “Revenue Interest Payments”), as provided in this Section 2.02.
Payments in Respect of the Assigned Interests. (a) As partial consideration for the payment of the Funding Amount by Vulcan Sub, Vulcan Sub shall be entitled to receive the Share Payments; provided that, notwithstanding anything to the contrary set forth in this Agreement, in the event that (i) the Discovery Fund has provided funding in the amount of no less than $5,000,000 to Omeros for the development of the Platform and Products contemplated herein and (ii) the Omeros-Washington Life Sciences Initiative has been formed and is in existence, at Omeros’ election and in its sole discretion, Omeros may cause up to [†] of any Additional Interest portion of any Share Payment to be paid to the Omeros-Washington Life Sciences Initiative and not to Vulcan Sub. Upon receipt, Share Payments shall be credited against the outstanding balance, if any, of the Secured Amount until such time as the secured indebtedness of Omeros is paid in full.
(b) Omeros shall make the applicable Share Payments to Vulcan Sub within [†] after the end of each Fiscal Quarter which begins or ends during the Proceeds Interest Period (each, a “Share Payment Date”), each such payment to be in an amount equal to the Share Payment calculated for such Fiscal Quarter based on the portion of Net Proceeds received by Omeros during that Fiscal Quarter, with adjustment for any underpayment or overpayment for previous Fiscal Quarters if applicable and for any Share Payments made by a Third Party directly to Vulcan Sub as described in Section 5.11.
(c) All payments to be made by Omeros to Vulcan Sub hereunder or under any other Transaction Document shall be made by wire transfer of immediately available funds to the account designated by Vulcan Sub; provided, that for any Share Payments attributable to Net Proceeds which consist of Liquid Securities or Deemed Liquid Securities, Omeros shall have the option of delivering the applicable portion, if any (based on Omeros’ good faith projection of the Share Payment that will be payable on the next succeeding Share Payment Date), of such Liquid Securities or Deemed Liquid Securities to Vulcan Sub as satisfaction of the payment of such Share Payments as required by Section 2.02(b) (and such delivery may occur, at the option of Omeros, prior to the Share Payment Date with respect to the Fiscal Quarter in which such Liquid † DESIGNATES PORTIONS OF THIS DOCUMENT THAT HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT FILED SEPARATELY WITH THE COMMISSION Securities or Deemed Liquid Securities ...
Payments in Respect of the Assigned Interests. (a) RST acknowledges that it has received the full $1.75 million Advance Payment Amount for 2007. RST and Orthovita agree that upon Closing, RST shall pay $993,297 (Nine hundred ninety-three thousand two hundred ninety-seven dollars) to Orthovita in satisfaction of any obligation to return the 2007 Advance Payment Amount, which amount shall be paid as a credit against the Purchase Price Cash Payment as set forth in Section 2.03.
(b) From and upon the Closing, Orthovita shall be entitled to collect all amounts payable in respect of the Assigned Interests regardless of when earned or accrued and RST shall have no further interest in any such amounts.
Payments in Respect of the Assigned Interests. Commencing upon Commercialization, the Borrower shall pay to the Lender the Assigned Interests in respect of Net Revenues earned during the immediately preceding month concurrently with the delivery of each Monthly Net Revenue Report in the amount set forth thereon, until the Maturity Date.
Payments in Respect of the Assigned Interests. (i) PRF shall be entitled to receive the Applicable Percentage in respect of Net Revenues made during the Revenue Interest Period.
(ii) Commencing on the date hereof, the Interim Applicable Percentage of the Aggregate Deposit Funds in each Fiscal Year shall be swept from the Joint Accounts into the PRF Concentration Account (Antara) and the PRF Concentration Account (Factive), as applicable, on a daily basis (the “Daily Amount”) pursuant to Section 5.08.
Payments in Respect of the Assigned Interests. (a) PRF shall be entitled to receive the Applicable Percentage in respect of Net Revenues made during the Revenue Interest Period.
(b) Commencing on the effective date of the Lockbox Agreement and continuing as long as the Applicable Percentage is fifteen percent (15%) in the applicable Fiscal Year, eight percent (8%) of the first $30,000,000 of Gross Product Revenues in each Fiscal Year shall be swept from the Joint Concentration Account into the PRF Concentration Account on a daily basis (the “Daily Amount”) pursuant to Section 5.08.
(c) Any additional payments to be made by Acorda to PRF hereunder or under any other Transaction Document shall be made by wire transfer of immediately available funds.
