Applicable Tiered Percentage means the percentage based on the applicable portion of Annual Net Revenues, as set forth below:
Applicable Tiered Percentage means the percentage based on the applicable portion of Annual Net Sales and the Purchase Amount, as set forth in the chart below, and calculated as follows: (a) with respect to a Purchase Amount pursuant to Section 2.2(a) only, the percentage set forth in the applicable row of column 1, or (b) with respect to a Purchase Amount pursuant to both Section 2.2(a) and Section 2.2(b), the sum of (i) the percentage set forth in the applicable row of column 1, plus (ii) the percentage set forth in the applicable row of column 2:
Applicable Tiered Percentage means the percentage based on the applicable portion of Annual Net Revenues and the Investment Amount, as set forth in the chart below, and calculated as follows: (a) if either only the Initial Investment Amount is funded pursuant to S ection 2.1(a), or both the Initial Investment Amount and the Second Investment Amounts are funded by the Investors pursuant to S ection 2.1(a) and S ection 2.1(b), respectively, the percentage set forth in the applicable row of column 1, or (b) if the Third Investment Amount is also funded by the Investors pursuant to S ection 2.1(c), the percentage set forth in the applicable row of column 2:
Examples of Applicable Tiered Percentage in a sentence
The Applicable Tiered Percentage will initially be 12.25% on annual net revenues up to $125 million, 4.00% on annual net revenues of between$125 million and $250 million and 1.00% on annual net revenues exceeding $250 million and each tier is subject to a step-down in the future if a certain target based on cumulative U.S. net sales of MYCAPSSA is met.
More Definitions of Applicable Tiered Percentage
Applicable Tiered Percentage means the percentage based on the applicable portion of Annual Net Sales and the measurement date as set forth in the chart below: A. Portion of Annual Net Sales less than or equal to $100,000,000 6.012.0% 10.012.0% B. Portion of Annual Net Sales exceeding $100,000,000 and less than or equal to $200,000,000 3.0% 8.0% C. Portion of Annual Net Sales in excess of $200,000,000 0.5% 0.5% provided that if the Company does not receive Marketing Authorization from the FDA for the Gastric Balloon for the treatment of adults with obesity prior to or on June 30, 2025, the Applicable Tiered Percentage on the portion of Annual Net Sales less than or equal to $100,000,000 will increase to 12.0% beginning on July 1, 2025, and remain at 12.0% until the Company receives such Marketing Authorization from the FDA, at which time the Applicable Tiered Percentage on the portion of Annual Net Sales less than or equal to $100,000,000 would revert commencing the next Calendar Year to the scheduled Applicable Tiered Percentage at such time based on the chart above. By way of example, if such Marketing Authorization is received from the FDA at any time in 2025 after June 30, 2025, then the Applicable Tiered Percentage shall revert from 12% to 6% starting January 1, 2026, and if such Marketing Authorization is received from the FDA at any time in 2026, then the Applicable Tiered Percentage shall revert from 12% to 10% starting January 1, 2027.
Applicable Tiered Percentage means, for each Calendar Quarter during a Calendar Year, a percentage based on the level of Net Sales in such Calendar Year, as set forth below: Portion of Net Sales in the Calendar Year less than or equal to $150,000,000 8.00 % Portion of Net Sales in the Calendar Year exceeding $150,000,000 and less than or equal to $300,000,000 3.00 % Portion of Net Sales in the Calendar Year in excess of $300,000,000 1.00 % provided that (i) if the Buyer has not received Revenue Payments totaling, in the aggregate, 50% of the Purchase Price (the “First Adjustment Threshold”) on or before June 30, 2028, then each of the percentages set forth above shall be increased by 4.00% and, in addition, (ii) if the Buyer has not received Revenue Payments totaling, in the aggregate, 100% of the Purchase Price (the “Second Adjustment Threshold”) on or before June 30, 2030, then each of the then-applicable percentages set forth above (after giving effect to clause (i) hereof, if applicable) shall be increased (or further increased, as the case may be) by 4.00%.
Applicable Tiered Percentage means the percentage based on the applicable portion of Annual Net Sales and the Purchase Amount, as set forth in the chart below, and calculated as follows: (a) with respect to a Purchase Amount pursuant to Section 2.2(a) only, the percentage set forth in the applicable row of column 1, or (b) with respect to a Purchase Amount pursuant to both Section 2.2(a) and Section 2.2(b) of the Agreement, the sum of (i) the percentage set forth in the applicable row of column 1, plus (ii) the percentage set forth in the applicable row of column 2: Royalty Tiers based on Annual Net Sales 1. If the Purchase Amount is Pursuant to Section 2.2(a) of the Agreement Only 2. If the Purchase Amount is Pursuant to Section 2.2 (b) of the Agreement, Add to Column 1:
Applicable Tiered Percentage means, for any given Calendar Quarter, the percentage royalty rate for calculating the Included Product Payment Amount, as set forth in Table 1 on Schedule 1.1-1 and corresponding to (a) the row indicating the then-current Investment Amount as of the last day of such Calendar Quarter and (b) the column indicating the applicable portion of Annual Net Revenues; provided that, if Net Sales attributable to the Existing Yutrepia Product in the United States for the Calendar Year ending December 31, 2025, do not exceed [***], then the percentage royalty rate for calculating the Included Product Payment Amount shall be determined by reference to Table 2 on Schedule 1.1-1 (and not Table 1) for the Calendar Quarter beginning January 1, 2026 and thereafter.
Applicable Tiered Percentage means for each Calendar Quarter, the percentage as set forth in the chart below: DateApplicable Tiered Percentage
Applicable Tiered Percentage means the percentage based on the applicable portion of Annual Net Revenues and the Investment Amount, as set forth in the chart below, and calculated as follows: (a) if either only the Initial Investment Amount is funded pursuant to Section 2.1(a), or both the Initial Investment Amount and the Second Investment Amounts are funded by the Investors pursuant to Section 2.1(a) and Section 2.1(b), respectively, the percentage set forth in the applicable row of column 1, or (b) if the Third Investment Amount is also funded by the Investors pursuant to Section 2.1(c), the percentage set forth in the applicable row of column 2: Payment Tiers based on Annual Net Revenues 1. Only the Initial Investment Amount is funded pursuant to Section 2.1(a) or if the Initial Investment Amount and Second Investment Amounts are funded pursuant to Sections 2.1(a) and (b) 2. If the Third Investment Amount is also funded pursuant to Section 2.1(c)
Applicable Tiered Percentage means the percentage based on the applicable portion of Annual Net Revenues and the Investment Amount, as set forth in the chart below, and calculated as follows: (a) if only the First Investment Amount and Second Investment Amount are funded pursuant to Section 2.1(a) and Section 2.1(b), the percentage set forth in the applicable row of column 1, (b) if the Third Investment Amount is also funded pursuant to Section 2.1(c), the percentage set forth in the applicable row of column 2, and (c) if the Fourth Investment Amount is also funded pursuant to Section 2.1(d), the percentage set forth in the applicable row of column 3: