Common use of Revenue Thresholds Clause in Contracts

Revenue Thresholds. Based on forecasts of annual Net Sales of the [ * ] Product and the [ * ] Product for 2016 and 2017 (as prorated for the first half of 2017 unless the Term is extended pursuant to Section 12.1), the Parties have established thresholds for aggregate Net Sales (annual or semi-annual, as applicable) of the [ * ] Product and the [ * ] Product as set forth in Exhibit C (the “Revenue Thresholds”). In the event the JCC approves in writing (including in any Commercialization Plan) any revisions to the Net Sales forecasts of the [ * ] Product and/or the [ * ] Product, the JCC shall revise, and set forth in the applicable Commercialization Plans, the Revenue Thresholds to align with such revisions to the Net Sales forecast(s). In addition, if one or both of the [ * ] Product and the [ * ] Product does not obtain Approval in the Territory, both the Net Sales forecasts and the Revenue Thresholds will be revised downward by the JCC and set forth in the Commercialization Plans.

Appears in 2 contracts

Samples: Co Promotion Agreement (Eagle Pharmaceuticals, Inc.), Co Promotion Agreement (Eagle Pharmaceuticals, Inc.)

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Revenue Thresholds. Based on forecasts of annual Net Sales of the [ * [***] Product and the [ * [***] Product for 2016 and 2017 (as prorated for the first half of 2017 unless the Term is extended pursuant to Section 12.1), the Parties have established thresholds for aggregate Net Sales (annual or semi-annual, as applicable) of the [ * [***] Product and the [ * [***] Product as set forth in Exhibit C (the “Revenue Thresholds”). In the event the JCC approves in writing (including in any Commercialization Plan) any revisions to the Net Sales forecasts of the [ * [***] Product and/or the [ * [***] Product, the JCC shall revise, and set forth in the applicable Commercialization Plans, the Revenue Thresholds to align with such revisions to the Net Sales forecast(s). In addition, if one or both of the [ * [***] Product and the [ * [***] Product does not obtain Approval in the Territory, both the Net Sales forecasts and the Revenue Thresholds will be revised downward by the JCC and set forth in the Commercialization Plans.

Appears in 1 contract

Samples: Co Promotion Agreement (Spectrum Pharmaceuticals Inc)

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