Common use of Sales Reports and Royalty Payments Clause in Contracts

Sales Reports and Royalty Payments. After the First Commercial Sale of a Licensed Product and during the term of this Agreement, Eiger shall furnish to BMS a written report, within [ * ] after the end of each Calendar Quarter (or portion thereof, if this Agreement terminates during a Calendar Quarter), showing the amount of royalty due for such Calendar Quarter (or portion thereof). Royalty payments for each Calendar Quarter shall be due at the same time as such written report for the Calendar Quarter. With each quarterly payment, Eiger shall deliver to BMS a full and accurate accounting to include at least the following information: 8.6.1 the total gross sales for each Licensed Product (by country) by Eiger and its applicable Related Parties, if any, and the calculation of Net Sales from such gross sales; [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. 8.6.2 the deductions by category of permitted deductions set forth in the Net Sales definition; 8.6.3 the total Net Sales for each Licensed Product (by country) by Eiger and its applicable Related Parties, if any, and the calculation of Net Sales from such gross sales; 8.6.4 the calculation of royalties payable in Dollars which shall have accrued hereunder in respect of such Net Sales; 8.6.5 withholding taxes, if any, required by applicable Law to be deducted in respect of such royalties; and 8.6.6 the exchange rates used in determining the amount of Dollars payable hereunder. If no royalty or payment is due for any royalty period hereunder, Eiger shall so report.

Sales Reports and Royalty Payments. After the First Commercial Sale of a Licensed Product and during the term of this Agreement, Eiger Elixir shall furnish to BMS a written report, within [ * ] thirty (30) days after the end of each Calendar Quarter (or portion thereof, if this Agreement terminates during a Calendar Quarter), showing the amount of royalty due for such Calendar Quarter (or portion thereof). Royalty payments for each Calendar Quarter shall be due at the same time as such written report for the Calendar Quarter. With each quarterly payment, Eiger Elixir shall deliver to BMS a full and accurate accounting to include at least the following information: 8.6.1 (a) the total gross sales for quantity of each Licensed Product sold (by country) by Eiger and Elixir, its applicable Related Parties, if anyAffiliates, and the calculation of Net Sales from such gross sales; [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. 8.6.2 the deductions by category of permitted deductions set forth in the Net Sales definitionSublicensees; 8.6.3 (b) the total gross sales and total Net Sales for each Licensed Product (by country) by Eiger and Elixir, its applicable Related Parties, if anyAffiliates, and Sublicensees in local currency and in Dollars; (c) the calculation of Net Sales from such gross sales; 8.6.4 (d) the calculation exchange rates used in determining the amount of U.S. Dollars payable; (e) the names and addresses of all Sublicensees of Elixir; (f) the royalties payable in Dollars which shall have accrued hereunder in respect of such Net Sales; 8.6.5 (g) withholding taxes, if any, required by applicable Law to be deducted in respect of such royalties; and 8.6.6 (h) the exchange rates used dates of the First Commercial Sales of Licensed Products in determining any country during the amount of Dollars payable hereunder. If no royalty or payment is due for any royalty period hereunder, Eiger shall so reportreporting period.

Sales Reports and Royalty Payments. After the First Commercial Sale of a Licensed Product and during the term of this Agreement, Eiger Company shall furnish to BMS a written report, within [ * [***] days after the end of each Calendar Quarter [***] (or portion thereof, if this Agreement terminates during a Calendar Quarter[***]), showing the amount of royalty due for such Calendar Quarter [***] (or portion thereof). Royalty payments for each Calendar Quarter [***] shall be due at the same time as such written report for the Calendar Quarter[***]. With each quarterly [***] payment, Eiger Company shall deliver to BMS a full and accurate accounting to include at least the following information: 8.6.1 the total gross sales for each Licensed Product (by country) by Eiger Company and its applicable Related Parties, if any, and the calculation of Net Sales from such gross sales; [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended.; 8.6.2 the deductions by category of permitted deductions set forth in the Net Sales definition; 8.6.3 the total Net Sales for each Licensed Product (by country) by Eiger Company and its applicable Related Parties, if any, and the calculation of Net Sales from such gross sales; 8.6.4 the calculation of royalties payable in Dollars which shall have accrued hereunder in respect of such Net Sales; 8.6.5 withholding taxes, if any, required by applicable Law to be deducted in respect of such royalties; and 8.6.6 the exchange rates used in determining the amount of Dollars payable hereunder. If no royalty or payment is due for any royalty period hereunder, Eiger Company shall so report.

Sales Reports and Royalty Payments. After the First Commercial Sale of a Licensed Product and during the term of this Agreement, Eiger Company shall furnish to BMS a written report, within [ [* * *] days [* * *] days if a Sublicense has been granted) after the end of each Calendar Quarter (or portion thereof, if this Agreement terminates during a Calendar Quarter), showing the amount of royalty due for such Calendar Quarter (or portion thereof). Royalty payments for each Calendar Quarter shall be due at the same time as such written report for the Calendar Quarter. With each quarterly payment, Eiger Company shall deliver to BMS a full and accurate accounting to include at least the following information: 8.6.1 the total gross sales for each Licensed Product (by country) by Eiger Company and its applicable Related Parties, if any, and the calculation of Net Sales from such gross sales; [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended.; 8.6.2 the deductions by category of permitted deductions set forth in the Net Sales definition; 8.6.3 the total Net Sales for each Licensed Product (by country) by Eiger Company and its applicable Related Parties, if any, and the calculation of Net Sales from such gross sales; 8.6.4 the calculation of royalties payable in Dollars which shall have accrued hereunder in respect of such Net Sales; 8.6.5 withholding taxes, if any, required by applicable Law to be deducted in respect of such royalties; and 8.6.6 the exchange rates used in determining the amount of Dollars payable hereunder. If no royalty or payment is due for any royalty period hereunder, Eiger Company shall so report.

Sales Reports and Royalty Payments. After the First Commercial Sale of a Licensed Product and during the term of this Agreement, Eiger ITI shall furnish to BMS a written report, within [ * ] thirty (30) days after the end of each Calendar Quarter (or portion thereof, if this Agreement terminates during a Calendar Quarter), showing the amount of royalty due for such Calendar Quarter (or portion thereof). Royalty payments for each Calendar Quarter shall be due at the same time as such written report for the Calendar Quarter. With each quarterly payment, Eiger ITI shall deliver to BMS a full and accurate accounting to include at least the following information: 8.6.1 the total gross sales for quantity of each Licensed Product sold (by country) by Eiger ITI, its Affiliates, distributors and its applicable Related Parties, if any, and the calculation of Net Sales from such gross sales; [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended.Sublicensees; 8.6.2 the deductions by category of permitted deductions set forth in the Net Sales definition; 8.6.3 the total gross sales and total Net Sales for each Licensed Product (by country) by Eiger ITI, its Affiliates, distributors and its applicable Related Parties, if anySublicensees, and the calculation of Net Sales from such gross sales; 8.6.3 the quantities of each Licensed Product used by ITI and its Affiliates, distributors or Sublicensees or sold to the U.S. Government; 8.6.4 the calculation names and addresses of all distributors and Sublicensees of ITI; Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. 8.6.5 the royalties payable in Dollars which shall have accrued hereunder in respect of such Net Sales; 8.6.5 8.6.6 withholding taxes, if any, required by applicable Law to be deducted in respect of such royalties; and 8.6.6 8.6.7 the dates of the First Commercial Sales of Licensed Products in any country during the reporting period; and the exchange rates used in determining the amount of Dollars payable hereunder. If no royalty or payment is due for any royalty period hereunder, Eiger ITI shall so report.

Sales Reports and Royalty Payments. After the First Commercial Sale of a Licensed Product and during the term of this Agreement, Eiger Company shall furnish to BMS a written report, within [ * [***] ([***] if a Sublicense has been granted) after the end of each Calendar Quarter (or portion thereof, if this Agreement terminates during a Calendar Quarter), showing the amount of royalty due for such Calendar Quarter (or portion thereof). Royalty payments for each Calendar Quarter shall be due at the same time as such written report for the Calendar Quarter. With each quarterly payment, Eiger Company shall deliver to BMS a full and accurate accounting to include at least the following information: 8.6.1 8.5.1 the total gross sales for each Licensed Product (by country) by Eiger and its applicable Related Parties, if any, and the calculation of Net Sales from such gross sales; [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. 8.6.2 the deductions by category of permitted deductions set forth in the Net Sales definition; 8.6.3 the total Net Sales for each Licensed Product (by country) by Eiger Company and its applicable Related Parties, if any, and the calculation of Net Sales from such gross sales; 8.6.4 8.5.2 the deductions by category of permitted deductions set forth in the Net Sales definition; 8.5.3 the total Net Sales for each Licensed Product (by country) by Company and its applicable Related Parties, if any, and the calculation of Net Sales from such gross sales; 8.5.4 the calculation of royalties payable in Dollars which shall have accrued hereunder in respect of such Net Sales; 8.6.5 8.5.5 withholding taxes, if any, required by applicable Law to be deducted in respect of such royalties; and 8.6.6 8.5.6 the exchange rates used in determining the amount of Dollars payable hereunder. If no royalty or payment is due for any royalty period hereunder, Eiger Company shall so report.

Sales Reports and Royalty Payments. After the First Commercial Sale of a Licensed Product and during the term of this Agreement, Eiger shall furnish to BMS a written report, within [ * ] after the end of each Calendar Quarter (or portion thereof, if this Agreement terminates during a Calendar Quarter), showing the amount of royalty due for such Calendar Quarter (or portion thereof). Royalty payments for each Calendar Quarter shall be due at the same time as such written report for the Calendar Quarter. With each quarterly payment, Eiger shall deliver to BMS a full and accurate accounting to include at least the following information: 8.6.1 the total gross sales for each Licensed Product (by country) by Eiger and its applicable Related Parties, if any, and the calculation of Net Sales from such gross sales; [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended.; 8.6.2 the deductions by category of permitted deductions set forth in the Net Sales definition; 8.6.3 the total Net Sales for each Licensed Product (by country) by Eiger and its applicable Related Parties, if any, and the calculation of Net Sales from such gross sales; 8.6.4 the calculation of royalties payable in Dollars which shall have accrued hereunder in respect of such Net Sales; 8.6.5 withholding taxes, if any, required by applicable Law to be deducted in respect of such royalties; and 8.6.6 the exchange rates used in determining the amount of Dollars payable hereunder. If no royalty or payment is due for any royalty period hereunder, Eiger shall so report.

Sales Reports and Royalty Payments. After the First Commercial Sale of a Licensed Product and during the term of this Agreement, Eiger Company shall furnish to BMS a written report, within [ * [***] after the end of each Calendar Quarter (or portion thereof, if this Agreement terminates during a Calendar Quarter), showing the amount of royalty due for such Calendar Quarter (or portion thereof). Royalty payments for each Calendar Quarter shall be due at the same time as such written report for the Calendar Quarter. With each quarterly payment, Eiger Company shall deliver to BMS a full and accurate accounting to include at least the following information: 8.6.1 the total gross sales for each Licensed Product (by country) by Eiger and its applicable Related Parties, if any, and the calculation of Net Sales from such gross sales; [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. 8.6.2 the deductions by category of permitted deductions set forth in the Net Sales definition; 8.6.3 the total Net Sales for each Licensed Product (by country) by Eiger Company and its applicable Related Parties, if any, and the calculation of Net Sales from such gross sales; 8.6.4 8.6.2 the total Net Sales for each Licensed Product (by country) by Company and its applicable Related Parties, if any, and the calculation of Net Sales from such gross sales; 8.6.3 the calculation of royalties payable in Dollars which shall have accrued hereunder in respect of such Net Sales; 8.6.4 the deductions by category of permitted deductions set forth in the Net Sales definition, solely to the extent that any such deductions are not consistent with GAAP as applied by the party recording any such Net Sales; 8.6.5 withholding taxes, if any, required by applicable Law to be deducted in respect of such royalties; and 8.6.6 the exchange rates used in determining the amount of Dollars payable hereunder. If no royalty or payment is due for any royalty period hereunder, Eiger Company shall so report.

Sales Reports and Royalty Payments. After the First Commercial Sale of a Licensed Product and during the term of this Agreement, Eiger Licensee shall furnish to BMS Licensor a written report, within [ * ] thirty (30) days after the end of each Calendar Quarter (or portion thereof, if this Agreement terminates during a Calendar Quarter), showing the amount of royalty due for such Calendar Quarter (or portion thereof). Royalty payments for each Calendar Quarter shall be due at the same time as such written report for the Calendar Quarter. With each quarterly payment, Eiger Licensor shall deliver to BMS Licensor a full and accurate accounting to include at least the following information: 8.6.1 the total gross sales for each Licensed Product (by country) by Eiger Licensee and its applicable Related Parties, if any, and the calculation of Net Sales from such gross sales; [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended.; 8.6.2 the deductions by category of permitted deductions set forth in the Net Sales definition; 8.6.3 the total Net Sales for each Licensed Product (by country) by Eiger Licensee and its applicable Related Parties, if any, and the calculation of Net Sales from such gross sales; 8.6.4 the calculation of royalties payable in Dollars which shall have accrued hereunder in respect of such Net Sales; 8.6.5 withholding taxes, if any, required by applicable Law to be deducted in respect of such royalties; and 8.6.6 the exchange rates used in determining the amount of Dollars payable hereunder. If no royalty or payment is due for any royalty period hereunder, Eiger Licensee shall so report.