SHARE OF PROFITS. As a retribution for the license granted in provision SIXTH, THE COMPANY agrees to pay CONICET and THE UNL a percentage of the Gross Profits earned from the transfer and / or trading of any product that contains or is manufactured as per the New Technology and/or the Patent Applications and / or the Gross Profits earned from granting sublicenses on the New Technology and /or Patent Applications to third parties. In case of sublicenses, the base for the calculation of the percentage shall not be altered.
SHARE OF PROFITS. PDL shall be entitled to [ * ] of Product Profit from the sale of Co-Funded Products and EXEL shall be entitled to [ * ] of such Product Profit until such time as, and so long as, [ * ] of the cumulative Product Profit for all Co-Funded Products equals [ * ] of the amount paid to EXEL under Section 9.2 (i.e., [ * ]). Whenever cumulative Product Profit exceeds such amount, each Party shall be entitled to [ * ] of the subsequent Product Profit from the sale of Co-Funded Products. The respective shares of Product Profit are referred to below as the "PDL Share" and the "EXEL Share." The respective profit sharing described in this Section 9.9(a) may be adjusted for particular Co-Funded Products pursuant to Section 3.7(b).
SHARE OF PROFITS. The Company and Digi shall share equally in all Profits (as defined in Section 8.3(b) below) of the Company from the X. Xxxx Technology or the ARM-1 Device (each as defined in Section 8.3(b) below).
SHARE OF PROFITS. After the Closing, if a Purchaser receives, directly from the sale and transfer of the Target Shares purchased by such Purchaser hereunder on the public stock market, an aggregate net profit (which shall be the total sales proceeds from the sale of the Target Shares received by such Purchaser, minus such Purchaser’s Purchase Price, after the deduction of all costs, expenses, taxes and levies relating to the share sale and transfer, the “Sales Profit”) in an amount higher than such Purchaser’s Purchase Price, the Purchase shall pay to the Seller an amount (the “Seller’s Share of Profits”) equal to fifty percent (50%) of the result of the Sales Profit minus such Purchaser’s Purchase Price, provided the payment of the Seller’s Share of Profits shall be subject to deductions and withholdings of taxes or levies to the extent required to be deducted or withheld by such Purchaser under applicable laws for such payment. The Seller’s Share of Profits, upon applicable withholdings and deductions specified above, shall be paid in cash, and be paid to such bank account of a Person as designated by the Seller. The Seller shall use its commercially reasonable efforts to, and to cause its designated Person to, cooperate with the Purchasers to arrange the payment of the Seller’s Share of Profits. For the avoidance of doubt, a Purchaser shall have no obligations or liabilities under this Section 7.4 for any payment to the Seller if the Sales Profit has not exceeded the Purchase Price set forth opposite such Purchaser’s name in Schedule 1. The references to the Target Shares under this Section 7.4 shall include the ADSs derived from and representing the Target Shares.
SHARE OF PROFITS. In the event that Purchaser sells any of the Shares acquired hereunder during the 90 day period following the Closing Date ("Subsequent Sale"), Purchaser agrees to pay to Seller an amount equal to 50% of the amount by which the price per share in the Subsequent Sale exceeds $10 per share. In the event the consideration received by Purchaser for the Shares is not in cash, Purchaser shall transfer 50% of the consideration so received to Seller.
SHARE OF PROFITS. 3.1 Following the final closing date of the Offering (the “Closing”), on each annual anniversary of the Closing, the Investor will receive the following dollar amounts multiplied by a fraction, the numerator of which shall be the Investment, and the denominator of which shall be, for (a) and (c) below, the aggregate dollar amount of funds raised in the Offering as of the Closing, and for (b) below, the lesser of $50,000 and the aggregate dollar amount of funds raised in the Offering as of the Closing:
(a) First, 100% of any Net Profits until each holder of Profit Participation Rights recoups 125% of such holder’s investment.
(b) Second, to the extent that the Investor is an Early Bird Investor (as defined below) 100% of any Net Profits until each Early Bird Investor recoups 135% of the dollar amount invested by such holder in the Early Bird Profit Participation Rights (as defined below), such 135% being inclusive of the amount recouped pursuant to Section 3.1(a).
(c) Third, 50% of any Net Profits.
SHARE OF PROFITS. Commencing in calendar year 1999 and ending at the earlier to occur of (I) the end of the 2004 calendar year or (ii) the distribution to each party of $500,000 of profits ("Profit Sharing Period"), AKVA Hf. and VPS shall split operating profits earned on the sale of Products on a 50/50 basis. Profits will be distributed annually within a (60) days after the year end in which such profits are earned. For purposes of this Agreement, operating profits shall be equal to revenue from sales of Product (Less returns and discounts), less cost of goods sold, less advertising and promotion of approximately $1.75 per case (except with regard to cases of 12 oz. product in which case the advertising and promotion costs shall be approximately $1.25 per case) and allocable SG&A of up to $1.50 per case. Upon termination of the Profit Sharing Period, AKVA Hf. and VPS shall negotiate in good faith a new packing price providing AKVA Hf. an adequate return on such services. Should the parties be unable to reach an agreement as to such price, this agreement may be terminated by either party upon One Hundred and Eighty (180) days prior written notice. During such One Hundred and Eighty (180) day period, the profit sharing arrangement described above shall continue to apply. In the event that the Agreement is terminated pursuant to this section, neither party, for a period of three (3) years, shall market product under the AKVAR name, nor shall bottle Product for any party for whom they had a co-packing arrangement hereunder prior to the termination of this Agreement.
SHARE OF PROFITS. So long as Onyx has exercised its co-promotion option under Section 5.2 with respect to a particular Licensed Product and has not terminated or lost its rights to co-promote such Licensed Product in the Shared Territory, [ * ] shall be entitled to [ * ] of Product Profit from the sale of such Licensed Product in the Shared Territory. If Onyx's right to co-promote a Licensed Product in any one country of the Shared Territory is terminated, then Onyx shall receive a royalty under Section 7.5(f) on Net Sales of such Licensed Product in the country where Onyx terminated its rights, and shall continue to share Product Profit from Net Sales of such Licensed Product in the country where Onyx is co-promoting such sales.
SHARE OF PROFITS. In consideration of the Investor's contribution of investment, Company shall pay Investor a proportionate share based on Investor's Paid-up Capital contribution from the Company's annual profits, until expiration of the term of this Agreement.
SHARE OF PROFITS
