Benchmark Percentage definition

Benchmark Percentage means the quotient, expressed as a percentage, obtained by dividing (I) the Consolidated Net Income for the relevant Fiscal Year, by (II) the Budget Benchmark for such Fiscal Year.
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Benchmark Percentage means a mutually agreed percentage equal to the average percentage royalty charged by companies similar to PSI for [**] drugs similar to the Products at the time of sale of such Products; provided, however, if the Parties are unable to reach an agreement on such percentage within sixty (60) days after either Party requested in writing that the Parties negotiate concerning such percentage, then either Party may submit this dispute to a single arbitrator with relevant industry experience appointed jointly by the Parties, or failing agreement on a joint appointment, appointed by the President of the American Arbitration Association ("AAA"), and such arbitrator shall then determine the Benchmark Percentage through an arbitration conducted in Cambridge, Massachusetts in accordance with the commercial arbitration rules of the AAA. Payment Period. The payment obligations described in Section 4(a) and 4(b) above shall commence on the date hereof and shall continue so long as PSI is receiving any Licensing Income or Net Sales. Actions by PSI. In the event that (i) any of the Program Patent Rights is infringed by a third party, (ii) PSI elects, at its sole discretion, to bring an action for infringement against such third party, and (iii) Phase III pays to PSI, from time to time as incurred by PSI, [**] percent ([**]%) of the out-of-pocket expenses and attorneys' fees of PSI relating to such action, then, any recovery of damages, including settlement proceeds and royalties, by PSI from any such action, shall be applied first in satisfaction of any unreimbursed out-of-pocket expenses and attorneys' fees of the Parties relating to such action, and then the remaining amounts from any such recovery shall be considered Licensing Income hereunder subject to Section 4(a) above.
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Benchmark Percentage in respect of a Sub-Account as of any Incentive Fee determination date, means the return (positive or negative) of the Bloomberg Intermediate Corporate Total Return Index Value Unhedged USD (ticker: LD06TRUU) (the “Benchmark”) since the most recent Incentive Fee payment in respect of such Sub-Account (or, if no Incentive Fee has previously been paid in respect of such Sub-Account, the date upon which such Sub-Account was established—i.e., the date of the initial Capital Contribution to such Sub-Account) plus 1% per annum.
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Examples of Benchmark Percentage in a sentence

  • Idearc’s determination and calculation of the Fixed Fee Only Benchmark Percentage, the percentage of Local Queries in response to *** Portions of this page have been omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission which Idearc provides Local with Search Results that contain only Fixed Fee Ad(s) during any given period and the Fixed Fee Threshhold Percentage will prevail.

  • Any adjustment to the Applicable MAPB Percentage pursuant to this Clause shall cease to apply to the Applicable MAPB Percentage after the third consecutive Ratio Reporting Date on which the three month rolling average Dilution Ratio is less than or equal to the Dilution Benchmark Percentage plus 3.5% or the Days Sales Outstanding is less than or equal to 85 days, as applicable.

  • Participation of under-represented groups in HE – young full time UG From State School/College From NS-SEC classes 4, 5, 6 & 7 From Low Participation Neighbourhoods (POLAR2) Percentage Location Adjusted Benchmark Percentage Location Adjusted Benchmark Percentage Location Adjusted Benchmark 2006/07 92.6 93.4 32.5 36.6 14.6 15.8 2011/12 93.1 95.0 32.4 37.8 13.3 17.0 We continue to outperform our location adjusted benchmark across all categories in relation to non-continuation as set out in the table below.