Sharing of Proceeds. If, despite the provisions of this Agreement, any Secured Party shall receive any payment or other recovery in excess of its portion of payments on account of the Secured Obligations to which it is then entitled in accordance with this Agreement, such Secured Party shall hold such payment or recovery in trust for the benefit of all Secured Parties for distribution in accordance with Section 11.1.
Sharing of Proceeds s.5.1 All proceeds received by Southern, including but not limited to cash or common stock payments, from the licensing or other commercial utilization of any portion of Technology pursuant to Articles 3 and 4, excluding fees for research & development, shall be apportioned seventy-five percent (75%) to Southern and twenty-five percent (25%) to SKI until the termination of Eurobiotech Agreement.
Sharing of Proceeds. (a) Subject to the remaining provisions of this Section 3.2, if a Swap Counterparty obtains any payments (other than scheduled payments on any Obligations, in each case received in the ordinary course either (i) prior to such Swap Counterparty’s receipt of written notice from another Swap Counterparty that an Event of Default or Termination Event has occurred and is continuing under which Accredited is the Defaulting Party or the Affected Party (as such terms are used in the Swaps) or (ii) after such Event of Default no longer shall be continuing) or proceeds of the Collateral, from Accredited with respect to any of the Obligations, including from the exercise of any setoff rights (hereinafter called a “Sharing Payment”), such Swap Counterparty shall either (i) promptly cause such amounts to be delivered to or put in the custody, possession or control of the Collateral Agent for disposition and distribution in accordance with Section 3.1 hereof or (ii) if such Swap Counterparty has not promptly complied with subclause (i) next above, promptly purchase from the remaining Swap Counterparties participations in the Obligations owing to the remaining Swap Counterparties and shall make such other adjustments from time to time as shall be equitable (herein, the purchase of such participations or the making of such other adjustments being called “Sharing Adjustments”) to the end that all Swap Counterparties shall share the benefit of such Sharing Payment pro rata in accordance with the respective outstanding principal amount of Obligations then owing to each Swap Counterparty.
Sharing of Proceeds. The proceeds received through enforcement of the liens and security interests granted and provided for in the Security Documents shall be shared among the Holders as follows:
Sharing of Proceeds. Section 7(h) of the Multi-Field Agreement, entitled "Sharing of Proceeds," shall not apply to proceeds received by, or that may become payable to, Corixa in connection with the sublicense, assignment or other conveyance of rights or materials to a third party under the New Agreements which proceeds are shared by Corixa with GSK under the New Agreements except as and to the extent the provisions of such Section 7(h) are incorporated by reference into the Collaboration Agreement.
Sharing of Proceeds. On the date hereof, INT has sold the Assets to the Corporation pursuant to the Bilx xx Sale. In connection with the sale and purchase of the Assets, the Corporation shall pay INT a portion of the sales proceeds with respect to the inventories set forth on Schedule 2.1 (excluding sales of any such inventory described in Section 2.1(c) below) as follows:
Sharing of Proceeds. If Baylor licenses rights to a Released Product as and to the extent permitted under this Section 3.6, Kuur and Baylor shall share the amounts received by Baylor under such license: (i) with [*]_____________ to Kuur and [*]___________ to Baylor until the amounts received by Kuur under this Section 3.6 equal Kuur’s payments under the Development Plan and disbursed in accordance with the Development Budget for such Released Product, and (ii) thereafter, with [*]______________ to Baylor and [*]_____________ to Kuur.
Sharing of Proceeds. The proceeds from any license, partnership or asset sale entered into pursuant to Section 4.2.8.2 shall be shared between the Parties according to the Profit Share Percentage after each Party recovers its reasonable transactions costs associated therewith.
Sharing of Proceeds. Proceeds from disposition of properties and equipment (including simulated proceeds from a deemed disposition) shall be shared in the ratio in which the cost of such properties and equipment was charged up to the amount deemed undepreciated and undepleted cost as determined for purposes of the Capital Accounts and any excess (along with the related proceeds from any disposition of properties and equipment) shall be shared in the ratio in which joint venture revenues are shared.
Sharing of Proceeds. The proceeds of the Liquidation of any assets of the Borrower conducted by any Party and (subject to the provisions of Section 5, below) and the proceeds of any insurance on assets of the Borrower shall be distributed to the extent available in the following order: First: to the "Senior Party" (as defined in Section 5 below), all actual and reasonable out-of-pocket costs and expenses, including reasonable attorneys' fees, incurred by any Senior Party in connection with the subject Liquidation. Second: to the Parties, to the extent available, in order of their respective priorities in the assets of the Borrower giving rise to such proceeds, as provided in Section 2 above. Third: to such person or persons as the Parties determine as appropriate; provided, however, in the event that all the Parties cannot agree upon the proper person to whom to make distribution, any of the Parties may initiate an action in the nature of an interpleader with respect to the distribution of such proceeds.
