Effective Royalty Rate definition

Effective Royalty Rate means, with respect to a particular Calendar Quarter, the amount (expressed as a percentage) equal to A ÷ B (i.e., A divided by B), where:
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Effective Royalty Rate is defined in Section 8.3.3(d) (Royalty Adjustment for Compulsory Sublicense).
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Effective Royalty Rate has the meaning set forth in Section 9.4.5(a).
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Examples of Effective Royalty Rate in a sentence

  • By way of example only, if the aggregate Net Sales of such a CD20 Product in such country during the relevant time period were *** and the CD20 Effective Royalty Rate (based on Net Sales of CD20 Products throughout the Territory) for such time period were ***, the royalties payable under this Section 5.4.2(b) on Net Sales in such country would equal (i) ***of ***, (or ***), minus (ii) *** of ***, (or ***), which would equal ***.

  • By way of further example only, if the aggregate Net Sales of such a CD20 Product in such country during the relevant time period were *** and the CD20 Effective Royalty Rate (based on Net Sales of CD20 Products throughout the Territory) for such time period were ***, the royalties payable under this Section 5.4.2(b) on Net Sales in such country would equal (i) *** of ***, (or ***), minus (ii) *** of ***, (or ***), which would equal ***.

  • By way of example only, if the aggregate Net Sales of such a CD20 Product in such country during the relevant time period were *** and the CD20 Effective Royalty Rate for such time period were ***, the royalties payable under this Section 5.4.2(c) would equal (i) *** of (ii) *** of ***, (or ***), which would equal ***.

  • In the event the Parties are unable to agree on the computation of the Effective Royalty Rate, it shall be submitted to arbitration in accordance with Section 10.1. For purposes of this provision, any lowering of the royalty rates in the Schering License shall effectively constitute the grant of a new right or license to sell the Licensed Compound.

  • By way of example only, if the aggregate Net Sales of CD20 Products in the Territory during a calendar year equaled ***, the CD20 Effective Royalty Rate for such calendar year would be calculated as follows: ((*** of ***) plus (*** of ***) plus (*** of ***)) divided by ***, expressed as a percentage, which would equal ***.

  • Any available royalty reduction under Section 9.4.3 or Section 9.4.4 with respect to Net Sales of a particular Product in a particular country would be calculated by applying the applicable percentage reduction under such Section to the amount of royalties determined by multiplying the Net Sales of such Product in such country by the applicable Effective Royalty Rate.

  • By way of further example only, if the Net Sales of such HER2 Product in such country during the relevant time period were $30,000,000 and the HER2 Effective Royalty Rate (based on Net Sales of such HER2 Product throughout the Territory) for such time period were 11.429%, the royalties payable under this Section 5.4.3(b) on Net Sales in such country would equal (i) 11.429% of $30,000,000, (or $3,428,700), minus (ii) 2% of $30,000,000, (or $600,000), which would equal $2,828,700.

  • Notwithstanding the foregoing, if in any calendar quarter that Kissei owes a royalty payment to CG, Kissei has actually taken sufficient deductions permitted by the first paragraph of this Section 7.4.3(d) (Royalty Floor) to reach the [***] floor, and the Supply and Sales Fraction exceeds [***], Kissei shall have the right to reduce the Effective Royalty Rate by a ratio of [***].

  • By way of illustration, the Effective Royalty Rate in the case of the example given in the last paragraph of Section 9.4.1 would be approximately [**].

  • By way of example only, if the aggregate Net Sales of such a HER2 Product in such country during the relevant time period were $100,000,000 and the HER2 Effective Royalty Rate for such time period for such HER2 Product were 9.375%, the royalties payable under this Section 5.4.3(c) on Net Sales in such country would equal (i) 50% of (ii) 9.375% of $100,000,000, (or $9,375,000), which would equal $4,687,500.


More Definitions of Effective Royalty Rate

Effective Royalty Rate means, with respect to a given Calendar Quarter, the rate equal to (a) the total royalties due in such Calendar Quarter under Section 8.2.1 (without regard to any reductions to which Licensee may be entitled under Section 8.2.2 or otherwise under this Agreement) for all Licensed Products in such Calendar Quarter divided by (b) the total Net Sales attributable to all Licensed Products in such Calendar Quarter.
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Effective Royalty Rate means a rate calculated by dividing (i) the total amount of royalty payment by ▇▇▇▇▇▇▇ produced by the different rates according to ascending levels of Net Sales in any year, as set out in clause 6.4 above, by (ii) the total amount of such Net Sales, resulting in a single aggregated royalty rate for the totality of such Net Sales.
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Effective Royalty Rate means a percentage calculated by the formula [***].
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Effective Royalty Rate means the total amount (including but not limited to percentage royalties and minimum royalties) actually paid by LabCorp to [********] during each Measuring Period of the Exclusive Period pursuant to the [********] Agreement, divided by the [********] Net Service Revenues from Assay sales during the same period.
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Effective Royalty Rate shall be as defined in clause 6.5.
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Related to Effective Royalty Rate

  • Royalty Rate means the percentage defined in Exhibit B.

  • Royalty Year means, (i) for the year in which the First Commercial Sale occurs (the “First Royalty Year”), the period commencing with the first day of the Calendar Quarter in which the First Commercial Sale occurs and expiring on the last day of the Calendar Year in which the First Commercial Sale occurs and (ii) for each subsequent year, each successive Calendar Year.

  • Minimum Royalty means the minimum royalties set forth in Schedule 1. Each Party represents and warrants that: it has the full legal right, power, and authority to execute, deliver, and perform its obligations under this Agreement, and has taken or will take all necessary actions to do so; and its performance of this Agreement constitutes legally binding obligations and will not result in: (i) a breach or default under any agreement or commitment to which it is a party or by which it is bound; or (ii) a violation of any applicable law, regulation, court order, or government directive.

  • Base rate of Late Payment Surcharge means the marginal cost of funds based lending rate for one year of the State Bank of India, as applicable on the 1st April of the financial year in which the period lies, plus five percent and in the absence of marginal cost of funds based lending rate, any other arrangement that substitutes it, which the Central Government may, by notification, in the Official Gazette, specify. The Late Payment Surcharge shall be claimed by SECI through the Supplementary Bill. Late Payment Surcharge shall be payable on the outstanding payment beyond the Due Date at the base rate of Late Payment Surcharge applicable for the period for the first month of default. The rate of Late Payment Surcharge for the successive months of default shall increase by 0.5 percent (50 bps) for every month of delay provided that the Late Payment Surcharge shall not be more than 3 percent higher than the base rate at any time:

  • Net Sales Revenue shall have the meaning as set out in Schedule "A"