Distributable Profit definition
Examples of Distributable Profit in a sentence
For the avoidance of doubt, Distributable Profit shall include neither (i) the proceeds of an Initial Sale (as that term is defined in Section 6(a) of this Exhibit B) nor (ii) any profits or losses arising from the fair value adjustment of INX Token and derivative liabilities.
For the avoidance of doubt, Distributable Profit shall include neither (i) the proceeds of an Initial Sale (as that term is defined in Section 5(b) of this Exhibit B) nor (ii) any profits or losses arising from the fair value adjustment of INX Token and derivative liabilities.
If a Party fails to perform at least [***] of the aggregate minimum required PDEs for Product for the then-current Calendar Quarter, then the other Party shall be entitled to a credit equal to the difference between [***] of the minimum required PDEs and the actual PDEs performed, such number of PDEs then multiplied by [***], which shall be credited to the other Party’s share of Distributable Profit or Distributable Loss.
All recoveries, lump-sum settlements, royalty payments or other consideration received by the Parties as a result of any such litigation or settlement of any infringement (directed by either Party) shall be deemed to be Net Sales included in the calculation of Distributable Profit and shared as set forth in Section 8.3.
Subject to Sections 9.3.1, 9.3.2 and 9.3.3 below, Cephalon shall receive or pay, as applicable, [**] percent ([**]%) of the Distributable Profit (Loss) for the Products with respect to sales in the Territory, and Alkermes shall receive or pay, as applicable, [**] percent ([**]%) of the Distributable Profit (Loss) for the Products with respect to sales in the Territory, to be calculated and paid in accordance with the reconciliation and payment provisions of Section 9.5.