Applicable Royalty Percentage definition

Applicable Royalty Percentage means (i) prior to the first $5,000,000 payment of the Buydown Payment, twenty percent (20.0%) or (ii) following such payment, five percent (5.0%), provided that if the second $5,000,000 installment of the Buydown Payment is not made on or before December 15, 2017, then the Applicable Royalty Percentage shall be twenty percent (20.0%) from December 15, 2017, until such second payment is made. “Asset Purchase Agreement” shall mean that certain Asset Purchase Agreement, dated as of May 31, 2017, by and among the Seller, the Company and the Guarantor setting forth the terms and conditions of the Sale Transaction. “Audit Costs” shall mean, with respect to any audit of the books and records of the Company or its Subsidiaries with respect to amounts payable or paid under this Agreement, the reasonable out-of-pocket cost of such audit, including all fees, costs and expenses incurred
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Applicable Royalty Percentage means with respect to a Product and the applicable period described the respective percentage set forth: [**] until no further royalty payments are due from TRIS to the Former Owner, or any assignee thereof with respect to such Product and thereafter [**] ;provided however that (i) if no royalty payments are due to the Former Owner as a result of the acquisition and ownership of such rights to such royalty payments of such Former Owner by TRIS, then the Applicable Royalty Percentage shall remain at [**] for the remaining period for which the Former Owner would have been entitled to royalty payments with respect to a Product (e.g., until [**], in the case of Tuzistra XR, and [**]), and thereafter as if no such acquisition had taken place (e.g., [**] or as provided in the last sentence of this definition); and (ii) if (and only while) no royalty payments are due to the Former Owner as a result of the acquisition and ownership of such rights to such royalty payments of such Former Owner by AYTU (and in order to avoid AYTU paying a [**] royalty to TRIS and then TRIS repaying [**] thereof back to AYTU), then the Applicable Royalty Percentage shall equal [**] for the remaining period for which the Former Owner would have been entitled to royalty payments with respect to a Product (e.g., until [**], in the case of Tuzistra XR and [**]), and thereafter as if no such acquisition had taken place (e.g., [**] or as provided in the last sentence of this definition). Notwithstanding the foregoing, after the expiration of the last to expire TRIS Patent containing a claim Covering a Product, whether or not such Patent is listed in the FDA’s Orange Book, the Applicable Royalty Percentage shall be fixed at [**] with respect to such Product. EXPLANATORY NOTE: [**] INDICATES THE PORTION OF THIS EXHIBIT THAT HAS BEEN OMITTED BECAUSE IT IS BOTH (I) NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IN PUBLICLY DISCLOSED.
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Applicable Royalty Percentage means the royalty rate set forth on Schedule 2 to this Agreement.
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Examples of Applicable Royalty Percentage in a sentence

  • STA, in consultation with the other parties to this Agreement, and with the concurrence of at least two of the three other parties, will establish an Applicable Royalty Percentage for each variety of Product based on the Savings Per Box established pursuant to Section 3.2. In conjunction with its commercialization efforts, A&W will require each Approved Grower to agree in writing to pay to STA, the Applicable Royalty Percentage.

  • In consideration of the Cooperative Development Work to be undertaken and other obligations set forth herein, A&W agrees to pay STA as follows: No later than thirty (30) days after the first and all subsequent calendar months following the first sale of Product, A&W shall pay to STA for each variety of Product an amount equal to the Applicable Royalty Percentage multiplied by Net Sales of such variety of Product shipped in such month by A&W and by Approved Growers arranged by A&W.

  • In the event that STA determines that it is necessary or advisable to obtain a license from a third party with respect to development, production or sale of Products, Agritope, Sunseeds and A&W will make equal contributions to the capital of STA to pay the amount of any lump sum license fee payable to such third party and the Applicable Royalty Percentage will be increased by the amount of royalty payable to such third party on the sale of Products.

  • Any exceptions to the standard Applicable Royalty Percentage must be approved in writing by STA.

  • The amount of the NSR Royalty due to Owner in any Applicable Period shall be the product of: (1) the sum of the Net Smelter Return for Bullion for such year plus the Net Smelter Return for Other Products for such year; (2) multiplied by the Applicable Royalty Percentage.

  • In the event that A&W desires to act as an Approved Grower, the Applicable Royalty Percentage for A&W will be the Applicable Royalty Percentage established by STA or such other Applicable Royalty Percentage as STA and A&W shall negotiate.

  • Notwithstanding any other provision hereof, no Approved Grower (including A&W) will receive any seed for Product, until such Approved Grower has entered into an agreement in form and substance satisfactory to STA committing to pay the Applicable Royalty Percentage.


More Definitions of Applicable Royalty Percentage

Applicable Royalty Percentage means on a Licensed Product-by-Licensed Product and country-by-country basis, *** percent (***%) for the Initial Term and *** percent (***%) for the Subsequent Term. CONFIDENTIAL TREATMENT REQUESTED WITH RESPECT TO CERTAIN PORTIONS HEREOF DENOTED WITH “***” “Arius Two Agreement” means that certain License Agreement executed between Arius and Arius Two, Inc. (“Arius Two”), dated September 5, 2007, subject to the Sublicensing Consent executed by Arius Two and Arius dated September 5, 2007 (the “Arius Two Consent”); such License Agreement and the Arius Two Consent are attached hereto as Exhibit A.
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Applicable Royalty Percentage means the percentage set out in Section .1 of the Agreement, subject to the rights of 777 set out in Section 4.2 C. "Bullion Value" means the sum of (i) the number of xxxx ounces of Gold Bullion returned or credited by the refinery to 777 during the Applicable Period multiplied by the average selling price during such period plus (ii) the number of xxxx ounces of Silver Bullion returned or credited by the refinery to 777 during the Applicable Period multiplied by the average London Silver Market Fixing Ltd. closing market quotation during such period. The average price for the Applicable Period shall, in each case, be determined by dividing the sum of all daily prices posted during such period by the number of days that prices were posted. The posted price shall be obtained from The Wall Street Journal, Reuters, or other reliable source. If either the London Gold Market Fixing Ltd. P.M Fixing or the London Silver Market Fixing Ltd. Fixing ceases to be published, the parties shall agree upon a similar alternative method for determining the average daily spot market price for gold or silver, as the case may be, or upon failure to so agree, the average of the daily calculated spot COMEX closing price during such period, as determined by Amnor, shall be used. D. "Bullion" means gold or silver bullion refined to a form that meets good delivery standards in the London Bullion Market, or comparable terminal market. E. "Commercial Production" shall mean the production of Valuable Minerals in commercial quantities and grades after 777 has begun continuous mining operations on the Property. F. "Net Smelter Return" shall mean the following for the applicable year: (a) For Gold and Silver Bullion refined and returned from a refinery to 777 during an applicable period, Net Smelter Return shall be deemed to be the Bullion Value less: (i) Refining Costs, (ii) Selling and Delivery Costs and (iii) Taxes. (b). For Other Products, Net Smelter Return shall mean the amount of Revenues actually received by 777 less: (i) Refining Costs, (ii) Selling and Delivery Costs and (iii) Taxes. G. "Other Products" means any ores, concentrates, precipitates, cathodes, xxxxx solutions or any other primary, intermediate or final product or any other mineral substance other than Gold and Silver Bullion obtained from substances mined and removed from the Property. H. "Refining Costs" means all costs and expenses of smelting and refining, including without limitation, all costs of assaying, sam...
Sample 1
Applicable Royalty Percentage means *** percent (***%).
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Applicable Royalty Percentage means on a Licensed Product-by-Licensed Product and country-by-country basis, *** percent (***%) for the Initial Term and *** percent (***%) for the Subsequent Term.2
Sample 1
Applicable Royalty Percentage means (i) prior to the first $5,000,000 payment of the Buydown Payment, twenty percent (20.0%) or (ii) following such payment, five percent (5.0%), provided that if the second $5,000,000 installment of the Buydown Payment is not made on or before December 15, 2017, then the Applicable Royalty Percentage shall be twenty percent (20.0%) from December 15, 2017, until such second payment is made.
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Applicable Royalty Percentage means the royalty percentage bid offered by all the successful Bidders in the Auction determined in accordance with paragraph 4.5.2;
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Related to Applicable Royalty Percentage

  • Monthly Uptime Percentage means total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month.

  • Uptime Percentage means Uptime expressed as a percentage, calculated in accordance with the following formula:

  • Applicable Revolving Percentage means with respect to any Revolving Lender at any time, such Revolving Lender’s Applicable Percentage in respect of the Revolving Facility at such time.

  • Applicable L/C Fee Percentage means, as at any date of determination, the rate per annum then applicable in the determination of the amount payable under Section 3.08(a) hereof as set forth in the Pricing Schedule.

  • Applicable Commitment Percentage means, with respect to each Lender at any time, a fraction, the numerator of which shall be such Lender's Revolving Credit Commitment and the denominator of which shall be the Total Revolving Credit Commitment, which Applicable Commitment Percentage for each Lender as of the Closing Date is as set forth in Exhibit A; provided that the Applicable Commitment Percentage of each Lender shall be increased or decreased to reflect any assignments to or by such Lender effected in accordance with Section 11.1.

  • Applicable Commitment Fee Percentage means, as at any date of determination, the rate per annum then applicable in the determination of the amount payable under Section 2.14(C)(i) hereof determined in accordance with the provisions of Section 2.14(D)(ii) hereof.

  • Annual Percentage Rate or “APR” of a Receivable means the annual rate of finance charges stated in such Receivable.

  • Discount Percentage shall have the meaning specified in Section 2.11.

  • Total Percentage means, with respect to any Lender at any time, the ratio (expressed as a percentage) of such Lender’s Aggregate Exposure at such time to the Aggregate Exposure of all Lenders at such time.

  • Reduction Percentage means the percentage rate by which the Initial Per Certificate Entitlement will reduce on a daily basis on the assumption that the daily rate will be theper annum rate specified in the Final Terms divided by 365 and applied accordingly. B.26 Investment managementNot applicable - there is no active management of the assets of the Issuer. B.27 Further issuances backed by same pool of assetsNot applicable – the Issuer will not issue further securities backed by the same pool of assets. B.29 Description of the flow of fundsSave to the extent that the Authorised Participant as subscribed for the issue of Certificates in whole or in part by the physical delivery of the relevant Precious Metal in respect of the Series (the "Underlying Precious Metal"), the net proceeds from each issue of Certificates will be used (a) to purchase the Underlying Precious Metal and (b) to pay any listing fees incurred in connection with the listing of the Certificates. The Certificates will not bear interest. On redemption, a Certificateholder will, in respect of a Certificate, receive on a date on or before the third business day following the relevant Eligible Redemption Valuation Date(being any business day) (in each case the "Settlement Date"):

  • Participation Percentage means the rounded percentage of the total actual Project costs that will be contributed by the OPWC, not to exceed the maximum dollar contribution of the OPWC identified in this Project Agreement, and the rounded percentage of the total actual Project costs that will be contributed by the Recipient. Both percentages are identified in Appendix B. If the total actual Project costs exceed the estimated Project costs identified in Appendix B, the Local Subdivision Participation Percentage will increase to reflect the cost overrun, while the OPWC percentage contribution will decrease recognizing that there is a maximum dollar contribution from the OPWC which is identified in this Project Agreement.

  • Applicable Unused Line Fee Percentage means, as of any date of determination, the applicable percentage set forth in the following table that corresponds to the Average Revolver Usage of Borrowers for the most recently completed month as determined by Agent in its Permitted Discretion; provided, that for the period from the Closing Date through and including February 28, 2015, the Applicable Unused Line Fee Percentage shall be set at the rate in the row styled "Level II"; provided further, that any time an Event of Default has occurred and is continuing, the Applicable Unused Line Fee Percentage shall be set at the margin in the row styled "Level II": Level Average Revolver Usage Applicable Unused Line Fee Percentage I > 50% of the Maximum Revolver Amount 0.25 percentage points II < 50% of the Maximum Revolver Amount 0.375 percentage points The Applicable Unused Line Fee Percentage shall be re-determined on the first date of each fiscal month of Borrowers by Agent.

  • Applicable Fee Percentage means, as of any date of determination thereof, the applicable percentage used to calculate certain of the fees due and payable hereunder, determined by reference to the appropriate columns in the Pricing Matrix attached to this Agreement as Schedule 1.1.

  • Applicable ECF Percentage means, for any fiscal year, (a) 50% if the Total Leverage Ratio as of the last day of such fiscal year is greater than or equal to 6.00 to 1.00, (b) 25% if the Total Leverage Ratio as of the last day of such fiscal year is less than 6.00 to 1.00 but greater than or equal to 5.00 to 1.00 and (c) 0% if the Total Leverage Ratio as of the last day of such fiscal year is less than 5.00 to 1.00.

  • Shift Percentage As to any Distribution Date occurring during the five years beginning on the first Distribution Date, 0%. For any Distribution Date occurring on or after the fifth anniversary of the first Distribution Date as follows: for any Distribution Date in the first year thereafter, 30%; for any Distribution Date in the second year thereafter, 40%; for any Distribution Date in the third year thereafter, 60%; for any Distribution Date in the fourth year thereafter, 80%; and for any Distribution Date thereafter, 100%.

  • Applicable Collateral Percentage with respect to any Firm Collateral or Special Firm Collateral, has the meaning set forth in the books and records of the Partnership with respect thereto.

  • Relevant Percentage means, in respect of any Subsidiary Issuer, the percentage as specified in the relevant Pricing Supplement;

  • Original Applicable Credit Support Percentage With respect to each of the following Classes of Subordinated Certificates, the corresponding percentage described below, as of the Closing Date: Class B-1 % Class B-2 % Class B-3 % Class B-4 % Class B-5 % Class B-6 %

  • Applicable Multicurrency Percentage means, with respect to any Multicurrency Lender, the percentage of the total Multicurrency Commitments represented by such Multicurrency Lender’s Multicurrency Commitment. If the Multicurrency Commitments have terminated or expired, the Applicable Multicurrency Percentages shall be determined based upon the Multicurrency Commitments most recently in effect, giving effect to any assignments.

  • Applicable Percentage means, with respect to any Lender, the percentage of the total Commitments represented by such Lender’s Commitment. If the Commitments have terminated or expired, the Applicable Percentages shall be determined based upon the Commitments most recently in effect, giving effect to any assignments.

  • Allocable Percentage means, on any date of determination thereof, a fraction the denominator of which shall be equal to the number of Borrowers who are parties to this Agreement on such date and the numerator of which shall be 1; provided, however, that such percentages shall be modified in the event that contribution from a Borrower is not possible by reason of insolvency, bankruptcy or otherwise by reducing such Borrower’s Allocable Percentage equitably and by adjusting the Allocable Percentage of the other Borrowers proportionately so that the Allocable Percentages of all Borrowers at all times equals 100%.

  • Utilization Percentage means, as of any day, the fraction expressed as a percentage, the numerator of which is the Facility Usage on such day, and the denominator of which is the Borrowing Base in effect on such day.

  • Designated Percentage shall have the meaning set forth in Section 1(a) hereof.

  • Final Payment Percentage is five percent (5.00%).

  • Participation Percentages means the percentage of the total actual project costs that will be contributed by the OPWC, not to exceed the maximum dollar contribution of the OPWC identified in this Project Agreement, and the percentage of the total actual project costs that will be contributed by the Recipient. Both of the percentages are identified in Appendix D. In the event that the total actual project costs exceed the estimated project costs identified in Appendix D, the Local Subdivision Participation Percentage will increase to reflect the cost overrun, while the OPWC percentage contribution will decrease recognizing that there is a maximum dollar contribution from the OPWC which is identified in this Project Agreement.

  • Applicable Dollar Percentage means, with respect to any Dollar Lender, the percentage of the total Dollar Commitments represented by such Dollar Lender’s Dollar Commitment. If the Dollar Commitments have terminated or expired, the Applicable Dollar Percentages shall be determined based upon the Dollar Commitments most recently in effect, giving effect to any assignments.