Sublicensee Revenue. ACCENTIA shall pay to BDSI either: (i) an amount equal to fifty percent (50%) of Sublicensee Revenue to BDSI, after the prescribed royalty payment to MAYO; or (ii) a minimum royalty of eight percent (8%) of Sublicensee Net Sales (regardless of the prescribed royalty to MAYO), whichever is greater, for Licensed Products.
Sublicensee Revenue. Subject to Section 5.4, CEREBROTEC shall pay GENERAL [*] of all SUBLICENSEE REVENUE received by CEREBROTEC. Such payments shall be due and payable within sixty (60) days after CEREBROTEC receives the relevant payment from the SUBLICENSEE.
Sublicensee Revenue. With respect to Net Sales of Licensed Product by Sublicensees to Third Parties, royalties to AstraZeneca hereunder with respect to such Net Sales, for any period, shall include any additional amount of royalties that would result from the royalty calculations under Section 6.2, if such Net Sales were treated as Net Sales by Neoprobe for purposes of such calculation during such period, and there shall be excluded from such calculation the amount paid to Neoprobe to acquire the precursor of the Compound (if such amount is included in Net Sales pursuant to clause (i) of Section 1.55) and (x) any margin by the Sublicensee (calculated as such Sublicensee’s Net Sales of the Licensed Product to Third Parties less its cost for having acquired the precursor of the Compound), or (y) [*] of such Sublicensee’s Net Sales of the Licensed Product to Third Parties, whichever of (x) or (y) is the lower. [*].
Sublicensee Revenue. In the event of a Sublicense, Licensee shall pay Licensor [***] percent ([***]%) of Sublicensee Revenue received by Licensee during the Royalty Term in lieu of the Royalty Rate outlined in 8.4 (“Sublicensee Revenue Share”) provided, however, (i) for Sublicensee Revenue received by Licensee from Sublicensees that represents an upfront payment or license fee due on or around the effective date of the sublicense, then the Sublicensee Revenue Share for such Sublicensee shall be lowered to [***] percent ([***]%) of the Sublicensee Revenue received by Licensee from such Sublicensee prior to the First Commercial Sale (but shall be [***] percent ([***]%) of Sublicense Revenue received from such Sublicensee thereafter), and (ii) Sublicense Revenue received by Licensee for a Sublicensee’s achievement a milestone event described in Section 8.2 shall not, only for purposes of calculating the associated Sublicensee Revenue Share, exceed the amount payable by Licensee for achievement of such milestone event as required in Section 8.2 (even if Licensee receives more than this amount from a Sublicensee).
Sublicensee Revenue. Editas shall make annual payments to Adverum on any Sublicensee Revenue received by Editas during the applicable Calendar Year, as calculated by multiplying the sublicense fee of [***] by the corresponding amount of Sublicensee Revenue received during the applicable Calendar Year, provided, however, that if the transaction giving rise to the Sublicensee Revenue included the grant of any other intellectual property rights to the sublicensee in addition to rights to Products, Editas may reasonably apportion the proceeds it receives that would otherwise constitute Sublicensee Revenue as between the Products and other products included in such license grant, based on the relative value of the Products and such other products. In addition, Editas may 28. [***] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. credit against payments due under this Section 6.6, milestone payments previously made by Editas under Section 6.3, to the extent the milestone payments under Section 6.3 were made in respect of the achievement of a milestone by the same sublicensee, and the same intellectual property rights, that were the subject of the transaction which generated the Sublicensee Revenue giving rise to the payment under this Section 6.6.
Sublicensee Revenue. Editas shall make annual payments to Adverum on any Sublicensee Revenue received by Editas during the applicable Calendar Year, as calculated by multiplying the sublicense fee of [***] by the corresponding amount of Sublicensee Revenue received during the applicable Calendar Year, provided, however, that if the transaction giving rise to the Sublicensee Revenue included the grant of any other intellectual property rights to the sublicensee in addition to rights to Products, Editas may reasonably apportion the proceeds it receives that would otherwise constitute Sublicensee Revenue as between the Products and other products included in such license grant, based on the relative value of the Products and such other products. In addition, Editas may credit against payments due under this Section 6.6, milestone payments previously made by Editas under Section 6.3, to the extent the milestone payments under Section 6.3 were made in respect of the achievement of a milestone by the same sublicensee, and the same intellectual property rights, that were the subject of the transaction which generated the Sublicensee Revenue giving rise to the payment under this Section 6.6.
Sublicensee Revenue. With respect to Net Sales of Licensed Product by Sublicensees to Third Parties, royalties to AstraZeneca hereunder with respect to such Net Sales, for any period, shall include any additional amount of royalties that would result from the royalty calculations under Section 6.2, if such Net Sales were treated as Net Sales by Neoprobe for purposes of such calculation during such period, and there shall be excluded from such calculation the amount paid to Neoprobe to acquire the precursor of the Compound (if such amount is included in Net Sales pursuant to clause (i) of Section 1.55) and (x) any margin by the Sublicensee (calculated as such Sublicensee’s Net Sales of the Licensed Product to Third Parties less its cost for having acquired the precursor of the Compound), or (y) [*] of such Sublicensee’s Net Sales of the Licensed Product to Third Parties, whichever of (x) or (y) is the lower. By way of example and without limiting the generality of what is stated in this Section 6.3; [*]. 9 December 2011 AZ./.Neoprobe Confidential Treatment – Asterisked material has been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment.
Sublicensee Revenue. If Celgene grants a sublicense ofits exclusive rights under this Agreement with respect to a Licensed Product other than a Revimid Product, Celgene shall pay to CMCC ten percent (l0%) of (a) any non-royalty consideration, including but not limited to any sublicensing and/or milestone payments, received by Celgene from such Sublicensee in exchange for the sublicense of Celgene's rights to such Licensed Product other than a Revimid Product hereunder, respectively, and (b) any royalty income paid by such Sublicensee to Celgene on Net Sales Revenue received by such Sublicensee for the sale of such Licensed Product other than a Revimid Product, respectively, including, without limitation, ten percent (10%) of any lump-sum commercialization milestone payments due to Celgene upon the occurrence of certain threshold levels of sales by such Sublicensee. It is understood that CMCC will not receive less than a royalty equal to (a) two and one-half percent (2.5%) of the Net Sales Revenue received by a Sublicensee for sales of an Amino Thalidomide Product, and (b) one percent (1%) of the Net Sales Revenue received by a Sublicensee for sales of a Revimid Product or a Licensed Product, excluding an Amino Thalidomide Product. It is further expressly understood that Celgene shall not owe CMCC any non-royalty consideration, including but not limited to any sublicensing and/or milestone payments received by Celgene from any Sublicensee for a Revimid Product.
