Included Product Payments definition

Included Product Payments means, with respect to any period of determination, the net revenues of the Borrower and its Subsidiaries with respect to Included Products, as reflected on the Borrower's consolidated financial statements for such period, prepared in accordance with GAAP and consistent with past practice; [*****].
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Included Product Payments means, with respect to any period of determination, the net revenues of Borrower and its Subsidiaries with respect to the sale of Included Products, as reflected on Borrower’s consolidated financial statements for such period, prepared in accordance with GAAP and consistent with past practice. In calculating Included Product Payments, any transfer from Borrower or one of its Subsidiaries to an Affiliate shall be disclosed in writing by Borrower to Lender and shall, at Lender’s discretion, be disregarded and the calculation shall instead be based on the first transfer to a Third Party.
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Included Product Payments means, with respect to any period of determination and without duplication, the sum of:
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Examples of Included Product Payments in a sentence

  • Each Dyax Entity has paid all sales, use and income taxes on the Included Product Payments when due and is in compliance with all tax laws and regulations.

  • In the event that any Contract Party offsets all or any part of the Included Product Payments against any amounts owed by Dyax to such Contract Party and such offset actually reduces the amount of any payment on the Royalty Interests (any such reduction, a “Payment Shortfall”), Dyax will pay the Buyer the amount of the Payment Shortfall within three (3) Business Days.

  • Neither Borrower nor any of its Subsidiaries has Transferred, or agreed to Transfer, any portion of their respective rights to receive payment of Included Product Payments other than as permitted under this Agreement or to receive payment of royalties owing or to become owing to it under any Material Contracts.

  • Dyax’s rights in and to the Included Product Payments are valid, subsisting and enforceable.

  • No Person other than Borrower and its Subsidiaries has any right to receive the payments payable under any Material Contract, other than (a) in respect of the Included Product Payments, Lender, and, (b) in respect of Material Contracts where Borrower or any of its Subsidiaries is the licensee or payor, the applicable Contract Parties to such Material Contracts.

  • There have been no Included Product Payments paid by Licensee to Seller as of the Execution Date.

  • From and after the Multiple Stepdown Date, if any, the Revenue Interest Payments shall be reduced to, and Investor will receive 0.5% of Included Product Payments solely related to Sumavel DosePro and ZX002, until the Maturity Date.

  • All payments received as part of the Included Product Payments that are not received in Dollars shall be converted to Dollars on the same basis and utilizing the same methodology for amounts thereof payable to Borrower and amounts thereof payable to Lender.


More Definitions of Included Product Payments

Included Product Payments means (i) Direct Product Sales, (ii) Co-Promotion Revenues and (iii) Out-License Revenues. For clarity, amounts paid or received by Zogenix shall only be included in clause (i), (ii) or (iii) hereunder and shall not be included in more than one clause.
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Included Product Payments means, [***].
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Included Product Payments means (i) the running royalties paid or owed by Licensee on account of Net Sales of Products in Japan pursuant to Section 5.3 of the License Agreement (including running royalties relating to any damage awards or settlements that are treated as giving rise to running royalties with respect to Net Sales of Products in Japan pursuant to clause “3)” of Section 8.7.2 of the License Agreement), (ii) any milestone payments paid by Licensee pursuant to Section 5.2.2 of the License Agreement (irrespective of whether the applicable milestone target triggering such payment [***]), (iii) In Lieu of Payments on account of Net Sales of Products in Japan, (iv) any additional payments made to Seller in connection with any modifications, amendments or waivers of the License Agreement that either (A) expressly modify the timing or amount of the Royalty Interest Payments or the Exploitation of Products in Japan or (B) have the purpose, in whole or in part, of modifying either the timing or amount of the Royalty Interest Payments or the Exploitation of Products in Japan and (v) any interest on the amounts referred to in clauses (i)–(iv) above paid or owed by Licensee pursuant to Section 5.5.7 of the License Agreement. Included Product Payments shall be calculated after giving effect to all Applicable Deductions applicable thereto. In addition, for purposes of calculating the running royalties in clause (i) above, the portion of running royalties paid or owed by Licensee pursuant to Section 5.3 of the License Agreement that are “on account of Net Sales of Products in Japan” for a given period shall be determined by multiplying (A) the running royalties paid or owed by Licensee on account of Net Sales of Products in the Territory pursuant to Section 5.3 of the License Agreement, times (B) [***] for such period. As used in the preceding sentence, “Territory” has the meaning given to it in the License Agreement. Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
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Included Product Payments with respect to the Included Products and the Additional Included Products means, for any period of determination, the sum of the following for such period: (i) the amounts actually received by the Company or any of its Affiliates to a Third Party with respect to the sale of Included Products and the Additional Included Products by the Company or any of its Affiliates in the Territory, (ii) the amounts actually received by the Company or any of its Affiliates from a Third Party retained by the Company to distribute or sell the Included Products and/or the Additional Included Products in the Territory (including any amounts actually received by the Company or its Affiliates under License Agreements), and (iii) collections in respect of write-offs or allowances for bad debts in respect of items described in the preceding clauses (i) and (ii). For the avoidance of doubt and without limitation of the foregoing, Included Product Payments shall include (A) all amounts actually received by the Company or any of its Affiliates from a Third Party in connection with any marketing, royalty or manufacturing arrangement with respect to the Included Products or the Additional Included Products in the Territory and (B) all amounts received in respect of any settlements, licenses or cross-licenses of the Intellectual Property. For further avoidance of doubt, Included Product Payments shall not include amounts paid by BioForm Medical Inc. to the Company through the date of this Agreement pursuant to the Settlement and License Agreement, dated October 31, 2005, and the Second License Agreement, dated September 21, 2007.
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Included Product Payments mean collectively the Included Royalty Interest and the Revenue Interest.
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Related to Included Product Payments

  • Excluded Products means the items described on the applicable restricted products per country, any other applicable Program Policy, or any other information made available to you by LINIO.

  • Back Ordered Products If product is not expected to ship within the time provided to the TIPS Member by the Vendor, the Member is to be notified within 3 business days and appropriate action taken based on customer request. The TIPS Vendor Agreement Signature Page is inserted here. TIPS Vendor Agreement Signature Form RFP 220105 Technology Solutions, Products and Services Company Name XxXxxxxxx Essention, LLC Address 0000 Xxxxxx Xxxxxx Xxxx, Xxxxx 000 Xxxx Xxxxxx Xxxxx XX Zip 75244 Phone 000-000-0000 Fax 000-000-0000 Email of Authorized Representative XxxxxXx@xxxxxxxxx.xxx Name of Authorized Representative Xxxxx Xxxxxxxx Title Vice President - E&TS South Signature of Authorized Representative Date 2/4/2022 TIPS Authorized Representative Name Xxxxx Xxxxx Title Executive Director Signature TIPS Authorized Representative Signature Approved by ESC Region 8 Date 5-24-2022 NOTICE TO MEMBERS REGARDING ATTRIBUTE RESPONSES TIPS VENDORS RESPOND TO ATTRIBUTE QUESTIONS AS PART OF TIPS COMPETITIVE SOLICITATION PROCESS. THE VENDOR’S RESPONSES TO ATTRIBUTE QUESTIONS ARE INCLUDED HEREIN AS “SUPPLIER RESPONSE.” PLEASE BE ADVISED THAT DEVIATIONS, IF ANY, IN VENDOR’S RESPONSE TO ATTRIBUTE QUESTIONS MAY NOT REFLECT VENDOR’S FINAL ATTRIBUTE RESPONSE, WHICH IS SUBJECT TO NEGOTIATIONS PRIOR TO AWARD. PLEASE CONTACT THE TIPS OFFICE AT 866-839- 8477 WITH QUESTIONS OR CONCERNS REGARDING VENDOR ATTRIBUTE RESPONSE DEVIATIONS. PLEASE KEEP IN MIND THAT TIPS DOES NOT PROVIDE LEGAL COUNSEL TO MEMBERS. TIPS RECOMMENDS THAT YOU CONSULT YOUR LEGAL COUNSEL WHEN EXECUTING CONTRACTS WITH OR MAKING PURCHASES FROM TIPS VENDORS. 220105 Addendum 1 McKinstry Essention LLC Supplier Response Event Information Number: 220105 Addendum 1 Title: Technology Solutions, Products and Services Type: Request for Proposal Issue Date: 1/6/2022 Deadline: 2/25/2022 03:00 PM (CT) Notes: I F YO U ALREAD Y HOL D TIP S CONTRAC T 200105 TECHNOLOGY SOLUTIONS, PRODUCTS AND SERVICES (“200105”) OR 210101 TECHNOLOGY SOLUTIONS, PRODUCTS AND SERVICES ("210101"), YOU DO NOT NEED TO RESPOND TO THIS SOLICITATION UNLESS YOU WISH TO REPLACE 200105 OR 210101 AT THIS TIME. IF YOU HOLD 200105 OR 210101, CHOOSE TO RESPOND HEREIN, AND ARE AWARDED ON THIS CONTRACT, YOUR 200105 OR 2101101 WILL BE TERMINATED AND REPLACED BY THIS CONTRACT. IF YOU HOLD ANY OF THE FOLLOWING TIPS CONTRACTS AND YOU DO NOT HOLD 200105 OR 2101101, PER TIPS PRIOR NOTIFICATION, YOU MUST RESPOND TO THIS SOLICITATION BECAUS E YOU R SPECIFI C CONTRAC T I S BEING CONSOLIDATED INTO OR REPLACED BY THIS CONTRACT. ꞏ TIPS 190103 Web and Cloud Computing Services ꞏ TIPS 181203 Management Software and Services ꞏ TIPS 181204 Notification Systems TIPS RESERVES THE RIGHT TO ISSUE, REBID, OR CANCEL ANY PLANNED SOLICITATIONS AT ANY TIME AS NECESSARY FO R TH E NEED S O F TIPS , TIP S VENDORS , AN D TIPS MEMBERS. Contact Information Address: Region 8 Education Service Center 0000 XX Xxxxxxx 000 Xxxxx Xxxxxxxxx, XX 00000 Phone: +0 (000) 000-0000 Email: xxxx@xxxx-xxx.xxx McKinstry Essention LLC Information Contact: Xxxxxxx Xxxxxx Address: 0000 Xxxxxx Xxxxxx Xxxx, Xxxxx 000 Xxxxxx, XX 00000 Phone: (000) 000-0000 Fax: (000) 000-0000 Toll Free: (000) 000-0000 Email: XxxxxxxX@xxxxxxxxx.xxx Web Address: xxxx://xxx.xxxxxxxxx.xxx/ By submitting your response, you certify that you are authorized to represent and bind your company. Xxxxxxx Xxxxxx xxxxxxxx@xxxxxxxxx.xxx Signature Email Submitted at 2/18/2022 2:01:18 PM

  • Combination Products means COBI Combination Products, EVG Combination Products, TDF Combination Products, TAF Combination Products and Quad Product.

  • Refined Products means gasoline, diesel fuel, jet fuel, asphalt and asphalt products, and other refined products of crude oil.

  • Designated Products means products provided by Motorola to Licensee with which or for which the Software and Documentation is licensed for use.

  • Covered Products means Your Applications, Libraries, Passes, Safari Extensions, Safari Push Notifications, and/or FPS implementations developed under this Agreement.

  • Restricted Products means any product, device, equipment or machinery researched into, developed, manufactured, supplied, marketed, distributed or sold by the Company and with which the duties of the Executive were materially concerned or for which he was responsible during the Relevant Period, or any products, equipment or machinery of the same type or materially similar to those products, equipment or machinery;

  • Related Products means (i) with respect to Resource Adequacy Benefits that portion of the Resource Adequacy Benefits that are in excess of those Resource Adequacy Benefits used by Seller or by a Site Host, both in connection with the Host Site, to meet a known and established, at the point in time when the Resource Adequacy Benefits are to be used, resource adequacy obligation under any Resource Adequacy Ruling, and (ii) any Green Attributes, Capacity Attributes and all other attributes associated with the electric energy or capacity of the Generating Facility (but not including any Financial Incentives) that are in excess of those Green Attributes, Capacity Attributes or other attributes used, or retained for future use, by Seller or a Site Host, both in connection with the Host Site, to meet a known and established, at the point in time when the relevant attribute(s) are to be used or retained, obligation under Applicable Law.

  • Approved Product means any water fitting, plumbing product, material or component which is the subject of an existing WRAS Approval;

  • Product Inventory means all inventory owned as of the Closing by Seller or any Affiliate thereof of finished Product that is in conformance with the Specifications and has an expiration date of October 1, 2016 or later, regardless of whether such inventory is held at a location or facility of Seller or any Affiliate (or of any other Person on behalf of Seller or any Affiliate, including in any of Seller’s warehouses, manufacturers, suppliers, distributors or consignees) or in transit to or from Seller or any Affiliate (or any such other Person).

  • Combination Product means a product (a) containing a Licensed Product together with one or more other active ingredients, or (b) with one or more products, devices, pieces of equipment or components, but sold for an integrated price (e.g., with the purchase of one product the customer gets a coupon for the other) or for a single price.

  • Finished Products means the fully assembled and shrink-wrapped Licensed Products, each including a Game Cartridge, Game Cartridge label and Printed Materials.

  • Bundled Product means Product sold together with any other product(s) or service(s) at a single unit price, whether packaged together or separately, and which other product(s) or service(s) have material independent value from Product itself.

  • Investment product means a financial instrument (within the meaning of Article 4(1)(15) of MiFID II) or a structured deposit (within the meaning of Article 4(1)(43) of MiFID II).

  • Covered Product The consumer product that You purchased concurrently with and is covered by this Agreement.

  • Additional Products means products, services and applications that are not part of the Services but that may be accessible, via the Admin Console or otherwise, for use with the Services.

  • Existing Products Tangible Products and intangible licensed Products which exist prior to the commencement of work under the Contract. Contractor retains the burden of proving that a particular product was existing before commencement of the Project. .

  • Licensed Products means tangible materials which, in the course of manufacture, use, sale, or importation, would be within the scope of one or more claims of the Licensed Patent Rights that have not been held unpatentable, invalid or unenforceable by an unappealed or unappealable judgment of a court of competent jurisdiction.

  • Excluded Inventory shall have the meaning set forth in Section 2.4.

  • Finished Product means a cannabis product in its final form to be sold at a retail premises.

  • Hemp products means all products made from industrial hemp,

  • Tobacco products means cigars, cigarettes, cheroots, stogies, periques, granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco, snuff, snuff flour, moist snuff, cavendish, ping and twist tobacco, fine-cut and other chewing tobaccos, shorts, refuse scraps, clippings, cuttings and sweepings of tobacco, and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking.