Applicable Royalty Rate definition

Applicable Royalty Rate shall be calculated as follows: Applicable Rate Portion of Total Annual Net Sales: [***] Less than or equal to $5 million [***] > $5 million and less than or equal to $10 million [***] > $10 million and less than or equal to $15 million [***] > $15 million and less than or equal to $20 million [***] > $20 million [***] *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. [***]

Applicable Royalty Rate shall have the meaning given in Section 9.1.

Applicable Royalty Rate means and refers to the following percentages of the prevailing retail price but in no event more than the net royalty actually received and retainable by TAG for its own account with respect to the sale of any particular copies: 20% of 90% in respect of sound track records sold in the United States; 10% of 90% in respect of sound track records sold outside the United States except that as to sound track records sold pursuant to mail order or "club" plans, the royalty rate shall be one-half of the rate otherwise applicable. If any sound track records contain selections from other sources, the applicable royalty rate hereunder shall be prorated on the basis of the total number of minutes of selections from the sound track compared to the total number of minutes on such records. In determining the net royalty retainable by TAG, all royalties payable to artists, conductors and other third parties in respect to such sound track records shall be deducted from the aggregate royalty payable to TAG under the applicable distribution agreement.

Examples of Applicable Royalty Rate in a sentence

• The Applicable Royalty Rate shall be reduced on the occurrence of the following events.

• Under the terms of the lease, the royalty for each calendar year is equal to the Net F.O.B. Mine Sales Revenue Per Ton (as defined below), multiplied by the Applicable Royalty Rate (as defined below), multiplied by the number of tons of salt hoisted from the Cote Blanche mine in that calendar year.

• The amount of royalties payable under this Section 3.1 shall be determined on a Calendar Quarter basis and, for any Calendar Quarter, such amount shall be calculated by taking the product of (A) the Net Royalty Sales for such Calendar Quarter, multiplied by (B) the Applicable Royalty Rate.

• The amount of royalties payable under this Section 4.2 shall be determined on a Semi-Annual Period basis and, for any Semi-Annual Period, such amount shall be calculated by taking (A) the Net Sales for such Semi-Annual Period of all the Licensed Products and Future Licensed Products, multiplied by (B) the Applicable Royalty Rate described below.

• The royalty payment for Net Sales of Products for the fourth Calendar Quarter of each Calendar Year shall be calculated by multiplying the actual Net Sales for such entire Calendar Year times the Applicable Royalty Rate from Table 9.1 applicable to such entire Calendar Year Net Sales less the sum of the royalty payments previously made for the first, second and third Calendar Quarters of such Calendar Year.

More Definitions of Applicable Royalty Rate

Applicable Royalty Rate means [***].

Applicable Royalty Rate shall have the meaning as set forth in Section 5.3(a).

Applicable Royalty Rate means a dollar amount set forth in Section A.2 for a type of product, and which is the royalty due for a unit of that type of product.

Applicable Royalty Rate means the percentage based on the applicable portion of Annual Net Revenues and the Loans advanced, as set forth in the chart below, and calculated as follows: (a) if only the Tranche A Term Loans are funded pursuant to Section 2.01(a)(i), the percentage set forth in the applicable row of column 1, (b) if the Tranche B Term Loans are also funded pursuant to Section 2.01(a)(ii), the percentage set forth in the applicable row of column 2 or (c) if the Tranche D Term Loans are also funded pursuant to Section 2.01(a)(iv), the percentage set forth in the applicable row of column 3: Portion of Annual Net Revenues less than or equal to $75,000,000 2.00% 4.00% 4.50%

Applicable Royalty Rate with respect to each Covered Product, shall mean the percentage rate or rates at which Pilot shall pay royalties to BMS hereunder in respect of such Covered Product, determined on a calendar year-by-calendar year basis, as follows: Portion of Annual Net Sales Applicable Royalty Rate of Covered Product(s) for Covered Product(s) --------------------------- ----------------------- < $50,000,000 **% - > $50,000,000 and < $100,000,000 **% - > $100,000,000 and < $150,000,000 **% - > $150,000,000 and < $200,000,000 **% - > $200,000,000 **% For the avoidance of doubt, if there is more than one Covered Product sold in any calendar year, the Net Sales of all Covered Products shall be aggregated for the purpose of determining the Applicable Royalty Rate.

Applicable Royalty Rate means the percentage rate or rates at which BMS shall pay royalties to CPI hereunder, determined on a calendar year-by-calendar year basis, as follows: (a) Where the Covered Product in question is (i) paclitaxel to be commercialized as TAXOL-Registered Trademark- or another compound (which is neither a Novel Taxane from Covered Cell Line nor a BMS Compound from Covered Cell Line), in each case as a Direct Covered Product, or (ii) paclitaxel or any other compound (which is neither a Novel Taxane from Covered Cell Line nor a BMS Compound from Covered Cell Line), as an Indirect Covered Product, made from baccatin III or a mixture of miscellaneous taxanes produced by the Covered Cell Line in question:

Applicable Royalty Rate during any Fiscal Year shall be: ** For the avoidance of doubt, the first Fiscal Year hereunder shall commence on the Effective Date and end on the last Saturday in September of 2012.