Licensing Revenue means all revenues, receipts, monies, and the fair market value of all other consideration directly or indirectly collected or received whether by way of cash, or credit or any barter, benefit, advantage, or concession received by a Party pursuant to each sublicense agreement relating to the Product including, without limitation, license fees, royalties, milestone payments and the fair market value of equities received, as determined on the date of receipt thereof.
Licensing Revenue means any consideration (including all upfront and milestone payments) paid by a Third Party to Alzheon, one of its Affiliates or one of its or their sublicensees, in exchange for a grant to such Third Party of a sublicense or other right, license, privilege or immunity under or with respect to the Licensed Technology (including in relation to commercial sales), provided that Licensing Revenue shall exclude (i) Royalties and (ii) any and all fees paid to Alzheon, one of its Affiliates or one of its or their sublicensees for [ * ]. For greater certainty, consideration paid in transactions between or among Alzheon and its Affiliates shall be excluded from the computation of the Licensing Revenue, but Licensing Revenue shall include consideration paid in transactions between or among Alzheon’s, its Affiliates or its or their sublicensees and Third Parties, but only to the extent that such consideration qualifies as “Licensing Revenue” as defined in the immediately preceding sentence. Where
Licensing Revenue means the aggregate cash or other consideration received by a Party in consideration for a license under Alliance Technology or Alliance Patent Rights (including, without limitation, royalties received by such Party based on sales by a Third Party of products or services incorporating Alliance Technology or covered by Alliance Patent Rights.) In the event consideration for license rights under Alliance Technology or Alliance Patent Rights is not monetary, the Parties will agree upon the monetary value of such consideration or a means for sharing the non-monetary consideration.
Examples of Licensing Revenue in a sentence
The Annual Report shall provide detail as to all Sales, identifying each buyer or lessee, the number of items sold or leased, the Sales Revenue and/or Licensing Revenue, and calculating the resultant amount earned by, and paid or due to NYSERDA in accordance with paragraph (a) hereof.
The Contractor’s obligation to make payments to NYSERDA shall extend (i) from the date the Contractor first receives Sales Revenue or Licensing Revenue and continue for a period of fifteen (15) years thereafter; or (ii) until the amount paid by Contractor to NYSERDA attributable to actual Sales Revenue or Licensing Revenue from the Product is equal to one times the amount of funds actually paid by NYSERDA to the Contractor under this Agreement; whichever occurs first.
Upon a Sale of the Product, or at such time as Licensing Revenue become due to the Contractor with respect to the Product, Contractor agrees to pay to NYSERDA: (i) one percent (1%) of the Sales Revenue and of all License Revenue accruing to the Contractor.
Should Contractor provide to NYSERDA a copy of a proposed licensing or franchise agreement under subsection (g), NYSERDA agrees to negotiate, upon Contractor’s execution of such licensing or franchise agreement, a modification of the Licensing Revenue terms in subsections (a)(i) and (b)(i) such that the amount of payment due to NYSERDA by Contractor will approximate the amount that would have been due upon a Sale of the Product.
Upon a Sale of a Product that does not qualify as a New York State Product, or at such time as Licensing Revenue become due to the Contractor with respect to a Product that does not qualify as a New York State Product, Contractor shall pay to NYSERDA: (i) five percent (5%) of the Sales Revenue, or (ii) thirty percent (30%) of all Licensing Revenues accruing to the Contractor.
More Definitions of Licensing Revenue
Licensing Revenue means the *** consideration (including, but not limited to, ***) received by IMDZ under any sublicense of the Sanofi Technology by IMDZ to a Third Party *** in the following categories:
(a) bona fide support for future research, development and manufacturing activities corresponding directly to the development of Licensed Products ***;
(b) proceeds derived from ***;
(c) consideration received for the purchase of an equity interest in IMDZ ***; and
Licensing Revenue means any and all forms of consideration that Nuvelo or any Nuvelo Affiliate receives directly or indirectly from a Third Party Partner in connection with a Partnering Agreement, which may include upfront license fees, annual license or maintenance payments, milestone payments, royalties, imputed income on interest-free loans received from such Third Party Partner, the portion of an equity investment in Nuvelo or a Nuvelo Affiliate that is greater than the fair market value of Nuvelo’s or its Affiliate’s stock sold in such investment at the time of sale and other similar payments; but Licensing Revenue shall exclude any of the following amounts received by Nuvelo or its Affiliates under a Partnering Agreement: (a) an equity investment by such Third Party (but solely to the extent that such investment is at a price equal to or less than the fair market value of Nuvelo’s or its Affiliate’s stock sold in such investment at the time of sale); (b) a loan at reasonable interest rates for work required to be performed by Nuvelo and directed to the Development or Commercialization of Licensed Products subject to the Agreement; (c) research and development support (at a reasonable FTE value); (d) reimbursement of patent prosecution, maintenance, enforcement or defense expenses; or (e) payments directly attributable to supplying goods (at no more than one hundred twenty-five percent (125%) of actual manufacturing cost) or services to such Third Party Partner to enable the commercialization of the Licensed Product that is subject to the Partnering Agreement.
Licensing Revenue means [***].
Licensing Revenue means all revenues, receipts, monies, and the fair market value of any shares or other securities and all other consideration directly or indirectly collected or received whether by way of cash, credit or other value received by the Assignee under each agreement relating to a license, assignment, grant or transfer of the Assignee’s rights in the Technology and/or any Improvements, and/or any Products whether by way of license, assignment development agreement or otherwise. Without limiting the generality of the foregoing Licensing Revenue will include all:
(i) milestone payments, royalties, license fees, option fees, and the fair market value of all consideration received in connection with any sublicense, assignment, grant or transfer of the Assignee’s rights in the Technology or any Improvements, and/or any Products, and
(ii) research or development fees in excess of the direct reimbursement for the actual costs of such research and development incurred by the Assignee under a written research plan and agreement, received by the Assignee from any licensee or assignee relating to the Assignee’s rights in the Technology, Improvements or any Products, less reimbursement of research and development costs and patent costs. For clarity, Licensing Revenue shall not include:
(iii) any equity investment made by a third party to purchase shares of the Assignee;
(iv) loans to the Assignee from a licensee or assignee, except to the extent that the interest charged for same is less than fair market value (in which case such difference shall be Licensing Revenue) or to the extent that the principal of same is forgiven (in which case such forgiven amount shall be Licensing Revenue); and
(v) any Sales Revenue;
Licensing Revenue means the net license issuance fees; license maintenance fees; and milestone payments paid upon completion of a regulatory milestone, commercial launch, or similar milestone; royalties; and all other similar revenue; in each case actually received by Raptor and its Affiliates from a Licensee as consideration for the grant to such Licensee of a license under a Valid Claim, or otherwise under the Transferred Technology, to make and sell NeuroTrans Products, excluding (i) all amounts paid to Raptor and its Affiliates for purchases of any products, services, equity, other securities, or other items; (ii) any cost sharing or reimbursements; (iii) amounts paid for facilities or equipment; (iv) loans; dividends; profit distributions and amounts that are creditable by the Licensee against other payments; (v) payments for rights or licenses under Technology or Intellectual Property, other than the Transferred Technology, (such as payments for any other Intellectual Property or Technology owned by Raptor or its Affiliates) and payments based upon products other than NeuroTrans Products; (vi) all amounts paid in connection with a sale of all or substantially all of the business or assets of Raptor or its Affiliates related to this Agreement; and (vii) non-cash consideration. Notwithstanding the foregoing, Licensing Revenue (A) shall be reduced by the amount of any cash payments to third parties in respect of the amounts received by Raptor and its Affiliates (including, without limitation, royalties on the same products paid to third parties under technology in-licenses); and (B) shall be net of any applicable taxes and other amounts credited or deducted against the amounts actually paid to Raptor and its Affiliates.
Licensing Revenue means all gross revenue that BIOGENETICS receives from a Third Party in connection with the Commercialization of the Licensed Technology.
Licensing Revenue means all revenue actually and indefeasibly earned and paid to BioLargo at any stage of the evaluation, development, marketing or sale of an Eligible Product, less amounts that are payments to BioLargo associated with expense reimbursement (including without limitation research and development efforts), and past or ongoing work by BioLargo personnel (including without limitation consultations by our Chief Technology Officer); and the term “Net Licensing Revenue” shall mean Licensing Revenue minus all payments, reserves, set-asides or other obligations payable or paid by BioLargo to third parties in the form of commissions, finder’s fees and the like. BioLargo shall determine what constitutes Licensing Revenue and Net Licensing Revenue, both categorically and quantitatively, in its sole and absolute discretion. For each product evaluation, product development, licensing or other revenue-generating agreement with a Licensee (collectively, a “License Agreement”), a “License Agreement Period” shall be the 12-month period commencing on the date Licensing Revenue is first indefeasibly earned and paid to BioLargo by a Licensee pursuant to that License Agreement. The percentage of Net Licensing Revenue to be included in the Commission Pool shall be established by BioLargo for each License Agreement at the end of each 12-month period of the term of each License Agreement Period, or at such other times as BioLargo may determine in its sole and absolute discretion, within the following ranges varying from an amount not less than the following stated minimum percentages (the “Minimum Amount”) to an amount not more than the following stated maximum percentages (the “Maximum Amount”): • not less than 4% nor more than 7% of the Net Licensing Revenue actually and indefeasibly received by BioLargo in the first 12 months of the License Agreement Period for such License Agreement; • not less than 3% nor more than 5% of the Net Licensing Revenue actually and indefeasibly received by BioLargo in the second 12 months of the License Agreement Period for such License Agreement; • not less than 1% nor more than 3% of the Net Licensing Revenue actually and indefeasibly received by BioLargo in the third 12 months of the License Agreement Period for such License Agreement; and • not less than 0.75% nor more than 2% of the Net Licensing Revenue actually and indefeasibly received by BioLargo in the fourth 12 months, Xxxxxxx X. Xxxxxxx January 10, 2008 Page 4 of 8 and for each 12 month ...