Share of Operating Profits and Operating Losses Sample Clauses

Share of Operating Profits and Operating Losses. The Parties shall share (i) equally (50/50) all Operating Profits and all Operating Losses (as applicable) for each Joint Product (other than a Humira-Related Product) in the applicable Profit Share Region, (ii) seventy percent (70%) to Abbott and thirty percent (30%) to Reata the Operating Profits and the Operating Losses (as applicable) for each Joint Product that is a Humira-Related Product and which Operating Profits and Operating Losses (as applicable) are attributable (as determined pursuant to a methodology established by the applicable JMC) to the Humira-Related Indications in the applicable Profit Share Region; provided that all Operating Profits and all Operating Losses (as applicable) for a Humira-Related Product for which Regulatory Approval has been obtained only for the Humira-Related Indications shall be attributable solely to the Humira-Related Indications, and (iii) equally (50/50) the Operating Profits and the Operating Losses (as applicable) for each Joint Product that is a Humira-Related Product and which Operating Profits and Operating Losses (as applicable) are attributable (as determined pursuant to a methodology established by the applicable JMC) to Indications other than the Humira-Related Indications in the applicable Profit Share Region. As used herein “ Humira-Related Indications” means, with respect to any Humira-Related Product, those Indications for which Humira has received Regulatory Approval in any country within the U.S./EU/Japan Region at the time of designation of the Product Candidate comprising such Humira-Related Product as such pursuant to Section 4.2(e)(ii). 119 Specific terms in this Exhibit have been redacted because such terms are both not material and are of the type that the Company treats as private or confidential. These redacted terms have been marked in this Exhibit with three asterisks [***].
Sample 1
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Share of Operating Profits and Operating Losses. For so long as (a) a Licensed Product in a Product Class is being sold in the Profit-Share Territory and (b) Sage has not exercised its Opt-Out Right in accordance with Section 9.4 (Sage Opt-Out) for the applicable Product Class, Sage and Biogen will share equally (50:50) all Operating Profits and all Operating Losses (as applicable) for all Licensed Products in such Product Class in the Profit-Share Territory.
Sample 1Sample 2
Share of Operating Profits and Operating Losses. For so long as Product is being sold in the Shared Territory, Medivation and AUS shall share all Operating Profits and all Operating Losses (as applicable) for each Product in the Shared Territory on the basis of fifty percent (50%) to AUS and fifty percent (50%) to Medivation.
Sample 1Sample 2
Share of Operating Profits and Operating Losses. For so long as a Product is being sold in the Shared Territory, Unum and SGI will share all Operating Profits and all Operating Losses (as applicable) for each Product in the Shared Territory on the basis of fifty percent (50%) to SGI and fifty percent (50%) to Unum.
Sample 1Sample 2
Share of Operating Profits and Operating Losses. Galapagos and Gilead shall share all Operating Profits and all Operating Losses (as applicable) for each Licensed Product and Gilead Combination Products for each country in the Shared Territory on the basis of fifty percent (50%) to Gilead and fifty percent (50%) to Galapagos.
Sample 1
Share of Operating Profits and Operating Losses. Following the first calendar quarter in which occurs the First Commercial Sale of each Product anywhere in the Territory, and for so long as such Product is being sold in the Territory, and provided that an Opt-Out has not occurred with respect to such Product, the Parties shall share equally all Operating Profits and all Operating Losses (as applicable) for such Product in the Territory. The remainder of this Section 8.4 will apply only for Products for which an Opt-Out has not occurred.
Sample 1
Share of Operating Profits and Operating Losses. The Parties shall share all Operating Profits and all Operating Losses (as applicable) for each Product in the Shared Territory on the basis of sixty percent (60%) to Partner and forty percent (40%) to Medivation; provided that pursuant to Section 2.7(b)(iv), Partner shall be entitled to deduct any Excess Initial Shared Territory Commercialization Budget Amount from Medivation’s share of Operating Profits beginning with the Calendar Year for which such amount relates until Partner is reimbursed the entire amount; provided, further, that any such deduction shall in no event reduce Medivation’s share of Operating Profits (or increase Medivation’s share of Operating Losses, as the case may be) for a given Calendar Quarter by more than [*].
Sample 1
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Related to Share of Operating Profits and Operating Losses

  • Duration of Operating Expense Limit The Operating Expense Limit with respect to the Fund shall remain in effect during the term of this Agreement.

  • Variances From Operating Budget Furnish Agent, concurrently with the delivery of the financial statements referred to in Section 9.7 and each monthly report, a written report summarizing all material variances from budgets submitted by Borrowers pursuant to Section 9.12 and a discussion and analysis by management with respect to such variances.

  • Payment of Operating Expenses Subject to the provisions of Section 6.08(c), Borrower will (i) pay the expenses of operating, managing, maintaining and repairing the Mortgaged Property (including utilities, Repairs and Capital Replacements) before the last date upon which each such payment may be made without any penalty or interest charge being added, and (ii) pay Insurance premiums at least 30 days prior to the expiration date of each policy of Insurance, unless applicable law specifies some lesser period.

  • Net Operating Income For any Real Estate and for a given period, an amount equal to the sum of (a) the rents, common area reimbursements, and service and other income for such Real Estate for such period received in the ordinary course of business from tenants or licensees in occupancy paying rent (excluding pre-paid rents and revenues and security deposits except to the extent applied in satisfaction of tenants’ or licensees’ obligations for rent and any non-recurring fees, charges or amounts including, without limitation, set-up fees and termination fees) minus (b) all expenses paid or accrued and related to the ownership, operation or maintenance of such Real Estate for such period, including, but not limited to, taxes, assessments and the like, insurance, utilities, payroll costs, maintenance, repair and landscaping expenses, marketing expenses, and general and administrative expenses (including an appropriate allocation for legal, accounting, advertising, marketing and other expenses incurred in connection with such Real Estate, but specifically excluding general overhead expenses of REIT and its Subsidiaries, any property management fees and non recurring charges), minus (c) the greater of (i) actual property management expenses of such Real Estate, or (ii) an amount equal to three percent (3.0%) of the gross revenues from such Real Estate excluding straight line leveling adjustments required under GAAP and amortization of intangibles pursuant to FAS 141R, minus (d) all rents, common area reimbursements and other income for such Real Estate received from tenants or licensees in default of payment or other material obligations under their lease, or with respect to leases as to which the tenant or licensee or any guarantor thereunder is subject to any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution, liquidation or similar debtor relief proceeding.

  • Definition of Operating Expenses Operating Expenses" shall mean and include all expenses incurred and payable in connection with the ownership, operation, maintenance, repair and management of the Premises and the improvements thereon and, without restricting the generality of the foregoing, shall include:

  • Funds from Operations The ratio of Funds from Operations to Total Debt for such Relevant Entity in any fiscal year is greater than the ratio specified in the Election Sheet; or

  • Allocation of Profit and Loss Section 5.01 of the Partnership Agreement is hereby deleted in its entirety and the following new Section 5.01 is inserted in its place:

  • Allocation of Profits and Losses The Company’s profits and losses shall be allocated to the Member.

  • Allocation of Profit or Loss All Profit or Loss shall be allocated to the Member.

  • Participation in Profits and Losses All profits and losses of the Company will be allocated to the Member.

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