Sublicensing Royalties Sample Clauses

Sublicensing Royalties. As appropriate, sublicensing royalty payments due Alliance from Licensee for Net Sales by Sublicensees will be at the same rate and schedule as set forth in Section C above.

Sublicensing Royalties. At such times from time to time as Company may receive Sublicensing Royalties, Company will pay some or all thereof to Licensor, as follows: (a) If the Sublicensing Royalties are paid pursuant to a sublicense agreement which was signed and legally binding on both Company and the Sublicensee prior to the date when there was an accepted NDA in the United States (or its equivalent in a Major Market) for the Product for which the Sublicensing Royalties are received by Company, then Company shall pay to Licensor the lesser of (i) [*] of said Sublicensing Royalties or (ii) [*]% of the Sublicensee’s net sales of such Product; payable within [*] ([*]) days after Company’s receipt thereof, but in any event within [*] ([*]) days of the end of the calendar quarter in which the Sublicensee’s net sales occurred. (b) If the Sublicensing Royalties are paid pursuant to a sublicense agreement which was signed and legally binding on both Company and the Sublicensee after the date when there was an accepted NDA in the United States (or its equivalent in a Major Market) for the Product for which the Sublicensing Royalties are received by Company, then Company shall pay to Licensor the greater of [*]% of said Sublicensing Royalties or (ii) [*]% of the Sublicensee’s net sales of such Products; payable within [*] ([*]) days after Company’s receipt thereof, but in any event within [*] ([*]) days of the end of the calendar quarter in which the Sublicensee’s net sales occurred.

Sublicensing Royalties. Except as otherwise provided in Section 5.6 below, Licensee shall pay Caltech fifteen percent (15%) of the Net Revenues (including payments for technical assistance and the like) that Licensee receives from sublicensing with respect to Exclusively Licensed Patent Rights. For non-monetary consideration, Licensee, may, in its sole discretion, and when feasible, provide Caltech with fifteen percent (15%) of such non-monetary consideration. Such Net Revenues specifically shall not include payments made by a sublicensee solely in consideration of: (a) equity or debt securities of Licensee; (b) to support research or development activities to be undertaken by Licensee; (c) upon the achievement by Licensee of specified milestones or benchmarks relating to the development of Licensed Products; (d) pilot studies; (e) performance-based milestones (excluding milestones tied to sales or marketing performance, which shall be subject to the percentage-based payments to Caltech); (f) the license or sublicense of any intellectual property other than Caltech Technology; (g) products other than Licensed Products; or (h) reimbursement for patent or other expenses.

Sublicensing Royalties. (i) In consideration of the rights granted by Indevus hereunder, during the Agreement Term, Esprit shall pay Indevus sublicensing royalties equal to twelve and one-half percent (12.5%) of aggregate Net Sales in the Field in the Territory in each Calendar Year (“Sublicensing Royalties”), subject to Section 6.2(a)(ii). (ii) Commencing on the earlier of (A) January 1, 2010 or (B) the occurrence of a Product Adverse Event that is due to Generic Competition or that results in termination by Esprit of all commercialization activities of Esprit with respect to Trospium Once-Daily in the Field in the Territory: Esprit shall be entitled to credit against Sublicensing Royalties otherwise payable by Esprit pursuant to Section 6.2(a)(i) the amounts set forth in this Section 6.2(a)(ii) below to the extent the aggregate amount so credited does not during the Agreement Term exceed US$20,000,000 (twenty million dollars) provided that the amount that may be credited against Sublicensing Royalties in any Calendar Year shall not exceed the lesser of (W) * or (X) the greater of (1) * of such Sublicensing Royalties otherwise payable for such Calendar Year prior to the occurrence of a Product Adverse Event and (2) * of such Sublicensing Royalties otherwise payable for such Calendar Year after a Product Adverse Event has occurred. Notwithstanding the foregoing, Esprit shall not be entitled to credit, for each Calendar Quarter, more than the lesser of (Y) * or (Z) the greater of (1) * of such Sublicensing Royalties otherwise payable for such Calendar Quarter prior to the occurrence of a Product Adverse Event and (2) * of such Sublicensing Royalties otherwise payable for such Calendar Quarter after a Product Adverse Event has occurred; provided that, to give effect to the maximum credit available for each Calendar Year, for the fourth Calendar Quarter of a Calendar Year, or portion thereof, if applicable, Esprit will calculate the maximum amount creditable by Esprit pursuant to the first sentence of this Section 6.2(a)(ii) for such Calendar Year, and, if the maximum amount creditable pursuant to the first sentence of this Section 6.2(a)(ii) for such Calendar Year is greater than the actual amount credited during the first three Calendar Quarters of such Calendar Year, Esprit may credit an amount equal to such difference against any payments payable to Indevus for the fourth Calendar Quarter of such Calendar Year, or thereafter if Esprit is not able to fully credit such amount beca...

Sublicensing Royalties. LICENSEE agrees to pay PHS a sublicensing royalty of [**] percent ([**]%) of (i) up-front sublicense fees, payments or the equivalent and (ii) milestone payments attributable to LICENSED PATENT RIGHTS subject to: (a) Payments not exceeding an aggregate lifetime maximum amount of $[**]; (b) Subject to (a) above, a minimum payment to PHS of $[**] for each sublicense granted by LICENSEE; (c) This sublicensing royalty shall be computed after excluding the amount of any milestone payments earned and received by LICENSEE from its sublicenses that corresponds to a direct milestone, in Section II of this Appendix C, related royalty paid by LICENSEE to PHS, but shall apply to a) any portion of a milestone payment earned by LICENSEE from a sublicense in excess of these excluded amounts and b) any other milestone payment earned by LICENSEE from a sublicense from a milestone event not provided for under the "Milestone Royalty" as set forth on the prior page of this Appendix C. For the avoidance of doubt, LICENSEE shall not pay to PHS any proportion of (i) equity or (ii) future research and development funding.

Sublicensing Royalties. Licensee shall pay University Sublicensing Royalties for all sublicense consideration received for the sublicense of the Patent Rights (excluding Bucindolol, and other than the sublicense of the Patent Rights to any Affiliates of Licensee) according to the following schedule: (a) [ * ], (b) [ * ] and (c) [ * ]. For purposes of this Agreement, an “Affiliate” shall mean every corporation, or entity, which, directly or indirectly, or through one or more intermediaries, controls, is controlled by, or is under common control with Licensee, as well as every officer, director, agent and representative of any such corporation or entity. For the purposes of the definition of Affiliate, the word “control” (including, with correlative meaning, the terms “controlled by” or “under common control with”) means the actual power, either directly or [*] 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 24b-2 of the Securities and Exchange Act of 1934, as amended. indirectly through one or more intermediaries, to direct or cause the direction of the management and policies of such entity, whether by ownership of at least fifty percent (50%) of the voting stock of such entity, or by contract or otherwise. Notwithstanding the foregoing, the exclusion of Royalties on Bucindolol shall apply to the Patent Rights but shall not apply to Improvements or other new Inventions involving Bucindolol that are created with the use of University facilities.

Sublicensing Royalties. With respect to sublicenses granted by Licensee under Section 2(A), Licensee shall be obligated to pay the applicable Royalty to Licensor on sales of Royalty-Bearing Products by such sublicensee in each country calculated as if the Selling Price received by such sublicensee during the relevant calendar quarter for which payment of Royalty is due under Section 4(E) had been received by Licensee itself during the quarter in which such sales are reported to Licensee.

Sublicensing Royalties. With respect to sublicenses granted by Licensee under Section 2A, Licensee shall pay the applicable Royalty to Licensor ########*.

Sublicensing Royalties. At such times from time to time as Licensee may receive Sublicensing Royalties, Licensee shall pay to Licensor the greater of (i) [***] ([***]) of said Sublicensing Royalties or (ii) [***] percent ([***]%) of the net sales of such Sublicensee (and its sublicensees and its and their Affiliates) for sales of Product (with such net sales calculated in the same manner as set forth in Section 1.20); payable within thirty (30) days after Licensee's receipt thereof.

Sublicensing Royalties. Licensee shall pay Licensor [**].