Royalty Payments for Licensed Products Sample Clauses

Royalty Payments for Licensed Products. Subject to the other terms of this ARTICLE 8, during the Royalty Term, Astellas shall make quarterly non-refundable, non-creditable royalty payments to Pandion on the Net Sales of each Licensed Product at the applicable royalty rate set forth below. Net Sales shall be aggregated on a Licensed Compound-by-Licensed Compound basis across all Indications in a given calendar year. (i) Portion of Net Sales less than $[**] [**]% (ii) Portion of Net Sales greater than or equal to $[**] but less than $[**] [**]% (iii) Portion of Net Sales greater than or equal to $[**] but less than $[**] [**]% (iv) Portion of Net Sales greater than or equal to $[**] [**]%

Royalty Payments for Licensed Products. (a) As further consideration for Licensor’s grant of the rights and licenses to Merck hereunder, Merck shall, during the Royalty Term, pay to Licensor a non-refundable royalty on aggregate annual Net Sales of the Licensed Product for each Calendar Year, on a Licensed Product-by-Licensed Product and a country-by-country basis at the percentage rates set forth below (subject to Articles 6.5 (c), 6.6, and 6.7 below): [* * *] [ ***] [* * *] [ ***] [* * *] [ ***] [* * *] [ ***] [* * *] [* * *] [ ***] [* * *] [ ***] [* * *] [ ***] [* * *] [ ***] [* * *] [ ***] [* * *] [ ***] If the Adjustment Trigger occurs, then the royalty rates shall be as follows: [* * *] [***] [* * *] [***] [* * *] [***] [* * *] [***] [* * *] [***] [* * *] [* * *] [***] [* * *] [***] [* * *] [***] [* * *] [***] [* * *] [***] [* * *] [***] [* * *] [***] By way of illustration, [* * *]: [* * *] [***] [* * *] [***] [* * *] [***] [* * *] [***] [* * *] [***] (b) For purposes of determining whether a royalty threshold or a commercial event milestone described in Article 6.4 above, has been attained, only Net Sales that are subject to a royalty payment shall be included in the total amount of Net Sales and any Net Sales that are not subject to a royalty payment shall be excluded (e.g. it would not include Net Sales for a certain Licensed Product in a certain country if the Royalty Term has ended with respect to such Licensed Product in such country). In addition, in no event shall the mere manufacture (i.e., absent a sale) of the Licensed Product give rise to a royalty obligation. For clarity, Merck’s obligation to pay royalties to Licensor under this Article 6 is imposed only once with respect to the same unit of Licensed Product regardless of the number of Licensor Patents pertaining thereto. Upfront fees and milestone payments pursuant to Articles 6.1, 6.2, 6.3, and 6.4 are not an advance or otherwise creditable against royalties, and vice versa. (c) In the event certain Net Sales are subject to the royalty reductions set forth in Article 6.7 below, Merck shall calculate the ROW royalty payment as follows: Merck shall first calculate the % proportions of ROW Net Sales that are (i) not subject to any royalty reduction pursuant to either of Article 6.7 (to which the full royalty rate in Article 6.5 (a) shall apply) (A%); and (ii) subject to a royalty reduction pursuant to Article 6.7 (B%) and then, for each of these subtotals of ROW Net Sales the full or respectively reduced royalty rates in Arti...

Royalty Payments for Licensed Products. (a) As further consideration for Licensor’s grant of the rights and licenses to Viking hereunder, Viking shall, during each applicable Royalty Term, pay to Metabasis and/or Ligand a royalty on aggregate annual worldwide Net Sales of Licensed Products by Viking and its Affiliates and Sublicensees, as and at the percentage rates set forth on SCHEDULE 7. (b) The Parties have agreed to the royalty and other payments structure set forth in this Agreement as a convenient and fair mechanism to compensate Licensor for its obligations under this Agreement. (c) For purposes of determining [***], only Net Sales that are subject to a royalty payment shall be included in the total amount of Net Sales and any Net Sales that are not subject to a royalty payment shall be excluded. In addition, in no event shall the manufacture of a Licensed Product give rise to a royalty obligation until the particular unit of Licensed Product is sold; but if Net Sales of a particular unit of Licensed Product might or might not be subject to a royalty payment (e.g., manufactured in Country A where the Royalty Term has expired but sold in Country B where the Royalty Term has not expired, or vice versa), the sale shall be deemed to be subject to a royalty payment. For clarity, Viking’s obligation to pay royalties to Metabasis and/or Ligand under this Article V is imposed only once with respect to the same unit of Licensed Product regardless of the number of Licensor Patents pertaining thereto. (d) Royalties payable under Section 5.3(a) shall be payable on actual Net Sales and shall accrue at the time provided therefor by GAAP. Royalty obligations that have accrued during a particular [***] shall be paid, on a [***] basis, within [***] days after the end of each [***] during which the royalty obligation accrued; provided that within [***] days after the conclusion of each [***] Viking shall provide notice to Ligand of any adjustments necessary to account for any royalties which were overpaid or underpaid for such prior [***], and the Parties shall promptly true-up based on such adjustments.

Royalty Payments for Licensed Products. (a) With respect to Net Sales of Licensed Products which are Covered under a Licensor Patent: As further consideration for Licensor’s grant of the rights and licenses to Omthera hereunder, Omthera shall pay to Licensor a royalty on aggregate annual worldwide Net Sales of all such Licensed Products by Omthera and its Affiliates and Sublicensees (but excluding Net Sales of a given Licensed Product after its applicable Royalty Term), at the percentage rates set forth below: For Net Sales of such Licensed Products from [***] up to and including [***] [***]% For that portion of Net Sales of such Licensed Products that is greater than [***] [***]% By way of illustration, assume in a Calendar Year that aggregate worldwide annual Net Sales of all such Licensed Products total $[***]. The total royalties due and payable by Omthera to Licensor for such Net Sales would be $[***], calculated as follows: [***] (b) With respect to Net Sales of Licensed Products which are not Covered under any Licensor Patent: In addition, as further consideration for Licensor’s services in connection with the Development Program and/or Licensor’s grant of the Licensed Know-How rights and licenses to Omthera hereunder, as may be applicable, Omthera shall pay to Licensor a royalty (or a payment in the nature of royalties) on aggregate annual worldwide Net Sales of all such Licensed Products by Omthera and its Affiliates and Sublicensees (but excluding Net Sales of a given Licensed Product after its applicable Royalty Term), at the percentage rates set forth below: For Net Sales of such Licensed Products from [***] up to and including [***] [***]% For that portion of Net Sales of such Licensed Products that is greater than [***] [***]%

Royalty Payments for Licensed Products. If and only if Licensee exercises the Option, the following royalty payments shall be due and payable on the terms set forth herein this Section 6.4.

Royalty Payments for Licensed Products. As further consideration for Delta’s grant of the rights and licenses to Ares hereunder, Xxxx shall, during the Royalty Term, pay to Delta a non-refundable royalty on aggregate annual Net Sales of the Licensed Product for each Calendar Year, on a Licensed Product-by-Licensed Product and a country-by-country basis at a rate of [***] of Net Sales. For purposes of determining whether a royalty threshold has been attained, only Net Sales that are subject to a royalty payment shall be included in the total amount of Net Sales and any Net Sales that are not subject to a royalty payment shall be excluded (e.g. it would not include Net Sales for a certain Licensed Product in a certain country if the Royalty Term has ended with respect to such Licensed Product in such country). In addition, in no event shall the mere manufacture (i.e., absent a sale) of the Licensed Product give rise to *** Certain information in this agreement has been omitted and filed separately with the Securities and Exchange Commission. [***] indicates that text has been omitted and is the subject of a confidential treatment request.

Royalty Payments for Licensed Products. (a) With respect to Net Sales of all Licensed Products during the applicable Royalty Term: as further consideration for Licensor’s grant of the rights and licenses to AUM hereunder, AUM shall pay to Licensor royalties based on the aggregate annual Net Sales of all such Licensed Products by AUM and its Affiliates and Sublicensees within the Territory (but excluding Net Sales of a given Licensed Product after its applicable Royalty Term) at the rate shown in the table below:

Royalty Payments for Licensed Products. Subject to the remainder of this Section 6.4, on a Licensed Product-by-Licensed Product basis, during the Royalty Term for such Licensed Product, Day One shall pay MabCare royalties on aggregate annual Net Sales of such Licensed Product in the Day One Territory as follows: [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] Following the expiration of the Royalty Term for a Licensed Product in a given country, Net Sales of such Licensed Product in such country will be excluded from Net Sales for purposes of determining the royalties due hereunder (including that Net Sales of such Licensed Product in such country shall not be considered when determining the allocation of Net Sales among the royalty tiers set forth above) and Sales Milestones Events. Such royalty payments, and associated reports, shall be made in accordance with Section 6.6.2.

Royalty Payments for Licensed Products. In addition to A. above, Licensor shall pay Merck a royalty in the amount set forth below on net sales of such Licensed Product by Licensor, its Affiliates or sublicensees after the effective date of termination (with such net sales being determined by applying the definition of Net Sales mutatis mutandis to any such sales of such Licensed Product by Licensor, its Affiliates or sublicensees) (hereinafter, respectively, “Licensor Net Sales” and the “Post-Termination Royalty”). The applicable royalty rate shall be determined on a Licensed Product-by-Licensed Product and country-by-country basis based on the annual worldwide Licensor Net Sales of such Licensed Product. 1. The use of clinical data owned by Merck, its Affiliates or sublicensees and provided to Licensor pursuant to Section 10.4(c) or this Schedule 10.4(c) (excluding safety data and other data required by a Regulatory Authority to be submitted) to support an application for Regulatory Approval for a Licensed Product that reverts to Licensor pursuant to Section 10.4(c) shall bear a royalty between [**] percent ([**]%) and [**] percent ([**]%) of Licensor Net Sales, as determined in accordance with the royalty chart set forth below. For purposes of clarity, the provision of (a) safety data, and/or (b) data, information or documentation other than clinical data, shall not, by itself, trigger a royalty obligation pursuant to this Paragraph 1. 2. In addition to Paragraph 1 above of this Part II, the grant of a non-exclusive license pursuant to Paragraph (F) of this Schedule 10.4(c) shall bear a royalty between [**] percent ([**]%) and [**] percent ([**]%) of Licensor Net Sales, as determined in accordance with the royalty chart set forth below; provided that the royalty obligation set forth in this Paragraph 2 shall apply solely with respect to a non-exclusive license elected under the Merck Patents solely owned by Merck. 3. In addition to Paragraph 1 and/or 2 of this Part II, the grant of an exclusive license to the trademark(s) pursuant to Paragraph (G) of this Schedule 10.4(c) shall bear a royalty between [**] percent ([**]%) and [**] percent ([**]%) of Licensor Net Sales, as determined in accordance with the royalty chart set forth below. 4. Except as expressly provided on this Schedule 10.4(c), Licensor shall have no obligation to make any payments to Merck in consideration for the rights, licenses, information and materials provided or to be provided to Licensor pursuant to Section 10.4(c) or th...

Royalty Payments for Licensed Products. Licensee shall pay to the University within thirty (30) days after the end of each calendar quarter, during the term of the license of paragraph 2.02, the following royalties, based on the Net Sales of all Licensed Products sold by Licensee and its Affiliates. (i) [***]% royalties on Net Sales of Licensed Products sold by Licensee and its Affiliates, if total royalties being paid on the Licensed Product to all parties is less than or equal to [***]%; (ii) [***]% royalties on Net Sales of Licensed Products sold by Licensee and its Affiliates, if total royalties being paid on the Licensed Product to all parties is greater than [***]% but less than or equal to [***]%; (iii) [***]% royalties on Net Sales of Licensed Products sold by Licensee and its Affiliates, if total royalties being paid on the Licensed Product to all parties is greater than [***]% but less than or equal to [*]%; (iv) [***]% royalties on Net Sales of Licensed Products sold by Licensee and its Affiliates, if total royalties being paid on the Licensed Product to all parties is greater than [*]%; (v) [***]% royalties on Net Sales of Licensed Products sold by Licensee and its Affiliates in the animal field.