Royalties; Other Payments Sample Clauses

Royalties; Other Payments. (a) During each Calendar Quarter of the Term following the First Commercial Sale of the first Collaboration Product, Licensee shall, within [***] of receipt from Seres of the report contemplated by Section 7.4(b), generate a report (the “Quarterly Royalty Report”) that calculates the Royalty Base Amount, if any, for the applicable Calendar Quarter. Seres shall be entitled to receive a royalty from Licensee in an amount equal to fifty percent (50%) of the Royalty Base Amount, if any, for each Calendar Quarter (such amount being referred to as the “Royalty Payment Amount”), which shall be paid in accordance with Section 7.4(b)(iii) and (iv). Notwithstanding anything to the contrary herein, Seres shall be responsible for all costs and expenses incurred by the Parties and their Affiliates in the performance of their obligations 44 hereunder during the Pre-Launch Period in connection with the activities set forth in the Pre-Launch Plan and no such amount shall be taken into account in the calculations contemplated by this Section 7.4(a), except with respect to [***], which shall be included in [***], subject to Section 9.2; provided that the Commercialization Costs, the Medical Affairs Activities Costs and other costs and expenses (excluding Development costs and expenses) for which Seres shall be solely responsible pursuant to this sentence shall not exceed an aggregate amount of [***] (“Pre-Launch Cap”); [***]. Any such Commercialization Costs and Medical Affairs Activities Costs and other costs and expenses (excluding Development costs and expenses) exceeding in the aggregate the Pre-Launch Cap shall be included in [***] and taken into account in the calculations contemplated by this Section 7.4. To the extent applicable, Seres shall reimburse Licensee for any such costs and expenses of Licensee or its Affiliates promptly following receipt of an invoice therefor from Licensee as necessary to effectuate the foregoing.
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Royalties; Other Payments. (a) For the rights, privileges and license granted hereunder, Targeted shall pay royalties to Alkermes in the manner hereinafter provided to the end of the term of the Licensed Patent Rights on a country-by-country basis or until this Agreement shall be terminated as hereinafter provided, whichever occurs first. Subject to Section 3.3(a)(iv) below:
Royalties; Other Payments. (a) Licensee shall pay to Licensor and to Isetan of America, Inc., or its designee (hereinafter referred to as "IOA"), as applicable, the following payments calculated on Net Sales (as hereinafter defined) of Licensee and its sublicensee(s) made from Retail Locations:

Related to Royalties; Other Payments

  • Other Payments (a) Any payments received by the Subordination Agent for which no provision as to the application thereof is made in this Agreement shall be distributed by the Subordination Agent (i) in the order of priority specified in Section 3.2 hereof and (ii) to the extent received or realized at any time after the Final Distributions for each Class of Certificates have been made, in the manner provided in clause “first” of Section 3.2 hereof.

  • Application of Other Payments Except as otherwise provided in Section 2.15, prepayments of the Revolving Facility made pursuant to this Section 2.05(b), first, shall be applied ratably to the L/C Borrowings and the Swingline Loans, second, shall be applied to the outstanding Revolving Loans, and, third, shall be used to Cash Collateralize the remaining L/C Obligations; and, in the case of prepayments of the Revolving Facility required pursuant to clause (i), (ii), (iii), or (iv) of this Section 2.05(b), the amount remaining, if any, after the prepayment in full of all L/C Borrowings, Swingline Loans and Revolving Loans outstanding at such time and the Cash Collateralization of the remaining L/C Obligations in full (the sum of such prepayment amounts, cash collateralization amounts and remaining amount being, collectively, the “Reduction Amount”) may be retained by the Borrower for use in the ordinary course of its business, and the Revolving Facility shall be automatically and permanently reduced by the Reduction Amount as set forth in Section 2.06(b)(ii). Upon the drawing of any Letter of Credit that has been Cash Collateralized, the funds held as Cash Collateral shall be applied (without any further action by or notice to or from the Borrower or any other Loan Party or any Defaulting Lender that has provided Cash Collateral) to reimburse the L/C Issuer or the Revolving Lenders, as applicable. Within the parameters of the applications set forth above, prepayments pursuant to this Section 2.05(b) shall be applied first to Base Rate Loans and then to Eurodollar Rate Loans in direct order of Interest Period maturities. All prepayments under this Section 2.05(b) shall be subject to Section 3.06, but otherwise without premium or penalty, and shall be accompanied by interest on the principal amount prepaid through the date of prepayment.

  • No Other Payments The Issuer will not, directly or indirectly, make payments to or distributions from the Collection Account except according to the Transaction Documents.

  • License Fees If so provided in the Prospectus, the Depositor may enter into a Licensing Agreement (the "Agreement") with a licensor (the "Licensor") described in the Prospectus in which the Trust(s), as consideration for the licenses granted by the Licensor for the right to use its trademarks and trade names, intellectual property rights or for the use of databases and research owned by the Licensor, will pay a fee set forth in the Agreement to the applicable Licensor or the Depositor to reimburse the Depositor for payment of the expenses. If the Agreement provides for an annual license fee computed in whole or part by reference to the average daily net asset value of the Trust assets, for purpose of calculating the accrual of estimated expenses such annual fee shall accrue at a daily rate and the Trustee is authorized to compute an estimated license fee payment (i) until the Depositor has informed the Trustee that there will be no further deposits of additional Securities, by reference to an estimate of the average daily net asset value of the Trust assets which the Depositor shall provide the Trustee, (ii) thereafter and during the calendar quarter in which the last business day of the period described in clause (i) occurs, by reference to the net asset value of the Trust assets as of such last business day, and (iii) during each subsequent calendar quarter, by reference to the net asset value of the Trust assets as of the last business day of the preceding calendar quarter. The Trustee shall adjust the net asset value (Trust Fund Evaluation) as of the dates specified in the preceding sentence to account for any variation between accrual of estimated license fee and the license fee payable pursuant to the Agreement, but such adjustment shall not affect calculations made prior thereto and no adjustment shall be made in respect thereof.

  • Royalties on Net Sales Novo will pay to Neose royalties as a percentage of annual Net Sales of each New Product during the Term at the applicable rates set forth in this Section 4.1 and in accordance with this Section 4:

  • Sublicense Fees Licensee will pay Sublicense Fees indicated in Section 3.1(e) of the Patent & Technology License Agreement on or before the Quarterly Payment Deadline for the Contract Quarter.

  • FAILURE TO MAKE OTHER PAYMENTS The failure by the Borrower to pay when due (or upon demand, if payable on demand) any payment Liability other than under the Revolving Credit.

  • Royalties and Other Payments A. For the rights, privileges and exclusive license granted hereunder, Licensee shall pay to CMCC the following amounts in the manner hereinafter provided. Unless expressly stated otherwise in this Agreement, periodic payment obligations listed below shall endure through the Term of this Agreement, unless this Agreement shall be sooner terminated as hereinafter provided.

  • Payments; Fees Agent may, in its discretion, receive and retain any amounts payable to a Defaulting Lender under the Loan Documents, and a Defaulting Lender shall be deemed to have assigned to Agent such amounts until all Obligations owing to Agent, non-Defaulting Lenders and other Secured Parties have been paid in full. Agent may use such amounts to cover the Defaulting Lender’s defaulted obligations, to Cash Collateralize such Lender’s Fronting Exposure, to readvance the amounts to Borrowers or to repay Obligations. A Lender shall not be entitled to receive any fees accruing hereunder while it is a Defaulting Lender and its unfunded Commitment shall be disregarded for purposes of calculating the unused line fee under Section 3.2.1. If any LC Obligations owing to a Defaulted Lender are reallocated to other Lenders, fees attributable to such LC Obligations under Section 3.2.2 shall be paid to such Lenders. Agent shall be paid all fees attributable to LC Obligations that are not reallocated.

  • Upfront Payments Within ten (10) days of the Effective Date, Celgene shall pay Acceleron Twenty-Five Million U.S. Dollars ($25,000,000) as an upfront, non-creditable, nonrefundable fee, relating to the license grants set forth in Article 4.

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