Net Sublicensing Revenues means, with respect to any Product, the aggregate cash consideration received by Oxis or its Affiliates in consideration for the sublicense under the Licensed Patent Rights or Licensed Know-How Rights by Oxis or its Affiliates to a Third Party sublicensee with respect to such Product (including royalties received by Oxis or its Affiliates based on sales of such Product by such sublicensee, but excluding amounts received to reimburse Oxis' or its Affiliates' cost to perform research, development or similar services conducted for such Product after signing the agreement with the Third Party, in reimbursement of patent or other out-of-pocket expenses relating to such Product, or in consideration for the purchase of any debt or securities of Oxis or its Affiliates).
Net Sublicensing Revenues means, with respect to any Licensed Human Therapeutic Product, the aggregate cash consideration received by OXIS or its Affiliates in consideration for the sublicense under the Licensed Patent Rights or Licensed Know-How Rights by OXIS or its Affiliates to a Third Party sub-licensee with respect to such Licensed Human Therapeutic Product including royalties received by OXIS or its Affiliates based on sales of such Licensed Human Therapeutic Product by such sub-licensee, but excluding amounts received to reimburse OXIS’ or its Affiliates’ cost to perform research, development or similar services conducted for such Licensed Human Therapeutic Product after signing the agreement with the Third Party, in reimbursement of patent or other out-of-pocket expenses relating to such Licensed Human Therapeutic Product, or in consideration for the purchase of any debt or securities of OXIS or its Affiliates.
Net Sublicensing Revenues means, with respect to a Product, the aggregate cash consideration received by Eton or its Affiliates in consideration for a sublicense under the Eyemax IP Rights by Eton or its Affiliates to a Third Party sublicensee with respect to such Product (including royalties received by Eton or its Affiliates based on sales of such Product by such sublicensee, but excluding amounts received (a) for the sale of such Product by Eton or its Affiliates to such sublicensee, or (b) in consideration for the purchase of any debt or securities of Eton or its Affiliates).
Examples of Net Sublicensing Revenues in a sentence
During the Term, subject to the terms and conditions of this Agreement, Eton shall pay to Eyemax royalties equal to ten percent (10%) of Net Sales and Net Sublicensing Revenues, in each case in excess of the Recovery Amount.
During the applicable Royalty Term for a Product, subject to the terms and conditions of this Agreement, Oxis shall pay to Licensor royalties, with respect to each Product, equal to (a) [****] of Net Sales of such Product by Oxis and its Affiliates, and (b) [****] of Net Sublicensing Revenues for such Product.
In addition, Erasca shall pay to NiKang fifty percent (50%) of all Net Sublicensing Revenues.
During the applicable Royalty Term for a Product, subject to the terms and conditions of this Agreement, Oxis shall pay to Licensor royalties, with respect to each Product, equal to (a) ________ of Net Sales of such Product by Oxis and its Affiliates, and (b) ________ of Net Sublicensing Revenues for such Product.
For avoidance of doubt, amounts received from a Sublicensee for Product or API in excess of the applicable Acquisition Costs shall be included within Net Sublicensing Revenues.
More Definitions of Net Sublicensing Revenues
Net Sublicensing Revenues means, with respect to any Commission-Bearing Product, the aggregate cash consideration received by Imprimis or its Affiliates in consideration for the (sub)license under the applicable Acquired IP Rights by Imprimis or its Affiliates to a Sublicensee with respect to such Commission-Bearing Product (excluding amounts received to reimburse Imprimis or its Affiliates for research, development or similar services conducted for such Commission-Bearing Product after signing the agreement with such Sublicensee, in reimbursement of patent or other out-of-pocket expenses relating to such Commission-Bearing Product, or in consideration for the purchase of any debt or securities of Imprimis or its Affiliates). Notwithstanding the foregoing, if the applicable Member/Customer and Imprimis have mutually agreed to a different definition of “Net Sublicensing Revenues” for purposes of calculating the royalties owing to such Member/Customer for a Commission-Bearing Product, then such different definition shall supersede the foregoing definition for purposes of calculating the commission owing to PCCA for such Commission-Bearing Product under this Agreement to allow for a uniform calculation of royalties owing to such Member/Customer and PCCA with respect thereto.
Net Sublicensing Revenues means, with respect to any Licensed Product, the aggregate cash consideration received by Imprimis or its Affiliates in consideration for the sublicense under the applicable Licensed IP Rights by Imprimis or its Affiliates to a Sublicensee with respect to such Licensed Product (excluding amounts received to reimburse Imprimis or its Affiliates for research, development or similar services conducted for such Licensed Product after signing the agreement with such Sublicensee, in reimbursement of patent or other out-of-pocket expenses relating to such Licensed Product, or in consideration for the purchase of any debt or securities of Imprimis or its Affiliates). Notwithstanding the foregoing, if the applicable Licensor and Imprimis have mutually agreed to a different definition of “Net Sublicensing Revenues” for purposes of calculating the royalties owing to such Licensor for a Licensed Product, then such different definition shall supersede the foregoing definition for purposes of calculating the royalties owing to PCCA for such Licensed Product under this Agreement to allow for a uniform calculation of royalties owing to such Licensor and PCCA with respect thereto.
Net Sublicensing Revenues means, with respect to any Product, the aggregate cash consideration received by Imprimis or its Affiliates in consideration for the sublicense under the Licensed IP Rights by Imprimis or its Affiliates to Sublicensee with respect to such Product (excluding amounts received to reimburse Imprimis or its Affiliates for research, development or similar services conducted for such Product after signing the agreement with such Sublicensee, in reimbursement of patent or other out-of-pocket expenses relating to such Product, or in consideration for the purchase of any debt or securities of Imprimis or its Affiliates).
Net Sublicensing Revenues means, with respect to any agreement that Erasca (or its Affiliates) enters into with a Third Party prior to commencement of the first Phase I Clinical Trial for a Licensed Product and that provides for the grant of a sublicense, option or other right (including through assignment or transfer of Erasca’s license or rights) to a Third Party under the Licensed IP Rights for a Licensed Product, the total revenue and consideration received by Erasca (or its Affiliates) in consideration for such sublicense, option or other rights, but (a) excluding amounts received to reimburse Erasca’s actual cost (without markup or profit) incurred after the effective date of such agreement to perform research, development or similar services related to the Licensed Product, in reimbursement of patent expenses relating to Licensed Patents, or in consideration for the purchase of any debt (unless the debt is later forgiven) or securities of Erasca at fair market value (for clarity, any premiums shall be included in Net Sublicensing Revenue); and (b) if Erasca (or its Affiliates) grants a Third Party an option to obtain a sublicense, assignment or transfer of Erasca’s license or rights to the Licensed Product, and the option is not exercised prior to commencement of the first Phase I Clinical Trial for a Licensed Product, then Net Sublicense Revenues shall not include any payment payable to Erasca (or its Affiliates) after the commencement of the first Phase I Clinical Trial for a Licensed Product.
Net Sublicensing Revenues means, with respect to each sublicense of any rights herein, all cash and non-cash consideration (including up-front, milestone, royalty and other similar payments) received from time to time by Oragenics in connection with such sublicense.
Net Sublicensing Revenues means, with respect to any Licensed Human Therapeutic Product, the aggregate cash consideration received by OXIS or its Affiliates in consideration for the sublicense under the Licensed Patent Rights or Licensed Know-How Rights by OXIS or its Affiliates to a Third Party sub-licensee with respect to such Licensed Human Therapeutic Product including royalties received by OXIS or its Affiliates based on sales of such Licensed Human Therapeutic Product by such sub-licensee, but excluding amounts received to reimburse OXIS’ or its Affiliates’ cost to perform research, development or similar services conducted for such Licensed Human Therapeutic Product after signing the agreement with the Third Party, in reimbursement of patent or other out- of-pocket expenses relating to such Licensed Human Therapeutic Product, or in consideration for the purchase of any debt or securities of OXIS or its Affiliates.
Net Sublicensing Revenues means all amounts actually received by Licensee and its Affiliates from sublicensees of Licensee or an Affiliate in exchange for a grant of a sublicense by Licensee under the Caltech Technology for the sale, licensing or distribution of Licensed Products, but not including any such amounts attributable to Net Product Revenues. Notwithstanding anything to the contrary, it is understood and agreed that Caltech will not be entitled to any share of amounts actually received by Licensee in exchange for equity, debt, pilot studies or research and development by Licensee, or for performance based milestones (other than sales or marketing milestones), or for the license or sublicense of any intellectual property (other than related to the Caltech Technology), or as reimbursement for patent or other expenses.