Marginal Royalty Rates definition

Marginal Royalty Rates is defined in Section 5.5.

Marginal Royalty Rates is defined in Section 4.2.1 hereof.

Marginal Royalty Rates shall have the meaning specified in Section 5.1(c)(ii).

Examples of Marginal Royalty Rates in a sentence

• If at any time during the Royalty Term Generic Competition exists in a given country with respect to a Product, then the Marginal Royalty Rates used to calculate Royalties for such Product in such country shall be reduced by [***] for so long as such Generic Competition exists.

• Subject to Section 5.5, in consideration of the licenses and rights granted to Licensee hereunder, Licensee shall pay to Pfizer royalties in the amount of the Marginal Royalty Rates set forth below (each, a “Marginal Royalty Rate”) on the aggregate Net Sales resulting from the sale of Products in the Territory during each Calendar Year (collectively, “Royalties”).

• In consideration of the licenses and rights granted to Licensee hereunder, Licensee shall pay to ImmunoGen royalties in the amount of the Marginal Royalty Rates (set forth below) on the total WW Net Sales resulting from the sale of Products in the Territory during each Calendar Year (collectively, “Royalties”).

• If at any time during the Royalty Term Generic Competition exists in a given country with respect to a Product, then the Marginal Royalty Rates used to calculate Royalties with respect to such Product in such country shall be reduced by [***] for so long as such Generic Competition exists.

• For purposes of this Section 5.4.3, the “HER2 Effective Royalty Rate” for a particular time period for a particular HER2 Product shall mean the weighted average, expressed as a percentage, of the Marginal Royalty Rates that would apply under the provisions of this Section 5.4.3(a) to the Net Sales in the Territory of such HER2 Product during such time period (without regard, for these purposes, to any adjustments made under Sections 5.4.3(b) or 5.4.3(c)).

More Definitions of Marginal Royalty Rates

Marginal Royalty Rates. (set forth below) on the aggregate Net Sales resulting from the sale of Products, on a Product by Product basis, in the Territory during each Calendar Year (collectively, “Royalties”). NET SALES MARGINAL ROYALTY RATE [***] [***] [***] [***] [***] [***] ​ ​ ​ CONFIDENTIAL [***] [***] [***] [***] ​ Each Marginal Royalty Rate set forth in the table above shall apply only to that portion of the Net Sales of each Product in the Territory during a given [***] that falls within the indicated range. Licensee shall pay to Pfizer the applicable Royalties within [***] following the expiration of each [***] after the date of the First Commercial Sale. Royalties will be payable on a Product-by-Product and country-by-country basis during the Royalty Term for such Product in each country until the expiration of the Royalty Term for such Product in each country. All Royalty payments shall be accompanied by a report that includes reasonably detailed information regarding a total [***] sales calculation of Net Sales of Product (including all deductions), calculations of any deductions applicable under Sections 5.6 and 5.7, and all Royalties payable to Pfizer for the applicable [***] (including any foreign exchange rates employed).

Marginal Royalty Rates means the royalty rates set forth in Schedule 5.5 that correspond to each of the MARGINAL SALES RANGES.

Marginal Royalty Rates set forth below of Annual Net Sales of any Licensed Product Targeting such Research Project Target during the Royalty Term: Annual Net Sales Marginal Royalty Rate for Licensed Products Targeting EGFR (% of the Annual Net Sales) Marginal Royalty Rate for Licensed Products Targeting the Second Target or a Replacement Target or an Additional Target (% of the Annual Net Sales) Annual Net Sales of such Licensed Product during a given Pfizer Year up to and including $750,000,000 [***] [***] Annual Net Sales of such Licensed Product during a given Pfizer Year above $750,000,000, up to and including $1,500,000,000 [***] [***] Annual Net Sales of such Licensed Product during a given Pfizer Year above $1,500,000,000, up to and including $2,250,000,000 [***] [***] Annual Net Sales of such Licensed Product during a given Pfizer Year above $2,250,000,000 [***] [***] ***Certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.

Marginal Royalty Rates has the meaning set forth in Section 8.5.

Marginal Royalty Rates on the aggregate Net Sales resulting from the sale of Products, on a country-by-country and Product-by-Product basis, in the Territory during each Pfizer Year (collectively, “Royalties”):

Marginal Royalty Rates is defined in Section 5.4. [***] = CONFIDENTIAL TREATMENT REQUESTED

Marginal Royalty Rates set forth below of Annual Net Sales during the Royalty Term (collectively, “Royalties”): PORTION OF ANNUAL NET SALES MARGINAL ROYALTY RATE [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] Each Marginal Royalty Rate set forth above will apply only to that portion of the Annual Net Sales during a given Calendar Year that falls within the indicated range.