Product Royalty Rate definition

Product Royalty Rate means four and one half percent (4.5%).
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Product Royalty Rate means the percentage of annual worldwide Net Sales of the Product during a calendar year that is applicable in accordance with the table immediately below: Notwithstanding the foregoing, on a country-by-country basis, the Product Royalty Rate applicable to Net Sales by any Licensee in any country after Loss of Market Exclusivity in such country shall not exceed the royalty rate payable by such Licensee to the Seller for such Net Sales in such country.
Sample 1
Product Royalty Rate means the percentage of annual worldwide Net Sales of the Product during a calendar year that equals: From the date hereof up to and including the date the Buyer exercises its Additional Investment Opt-In Right if exercised in accordance with Section 2.3 1.00% If the Buyer exercises its Additional Investment Opt-In Right in accordance with Section 2.3, following the date of such exercise 1.00% + (3.50% multiplied by the then Funding Percentage) If the Buyer does not exercise its Additional Investment Opt-In Right in accordance with Section 2.3 [ * ]% provided that, if the Buyer has exercised its Additional Investment Opt-In Right, the foregoing Product Royalty Rate shall be reduced by [ * ]% (but in no event shall be lower than [ * ]%) if the Buyer fails to pay any Additional Investment Payment when required pursuant to Section 2.3 (the date such Additional Investment Payment is due, the “Scheduled Funding Date”) and such failure is not cured within [ * ] calendar days of the Buyer’s receipt of the Seller’s notice of such failure, unless the Buyer is in good faith contesting the obligation to pay any Additional Investment Payment, in which case the Product Royalty Rate shall not be reduced unless and until it is finally agreed or adjudicated (without opportunity for appeal) that the Buyer is required to pay such Payment and the Buyer fails to make such payment within [ * ] calendar days of such agreement or adjudication (the date of such agreement or adjudication, the “Final Determination Date”). Notwithstanding the foregoing, on a country-by-country basis, the Product Royalty Rate applicable to Net Sales by any Licensee in any country after Loss of Market Exclusivity in such country shall not exceed the royalty rate payable by such Licensee to the Seller for such Net Sales in such country.
Sample 1

Examples of Product Royalty Rate in a sentence

  • To the extent a Product ceases being a Patent Product, but is still an Other Product, CSMC shall be entitled to receive a Royalty on such Product at the Other Product Royalty Rate, but only for such time as specified in Section 4.3(g).

  • If a Product is covered by both the definition of Patent Product and Other Product, CSMC shall be entitled to the Patent Product Royalty Rate on the Product as defined in Section 4.3(a)(i), but shall not be entitled to also receive the Other Product Royalty Rate on the same Product under Section 4.3(a)(ii).

  • License Net Sales in the ROW Territory of Licensed Diagnostic Product (For each Licensed Product) Royalty Rate On all License Net Sales of such Licensed Diagnostic Product in the ROW Territory by Celgene, its Affiliates and Sublicensees [***] [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission.

  • If a Product is covered by both the definition of Patent Product and Other Product, CSMC shall be entitled to the Patent Product Royalty Rate on the Product as defined in Section 4.2(a)(i), but shall not be entitled to also receive the Other Product Royalty Rate on the same Product under Section 4.2(a)(ii).

  • For sales of each PDL Product for a prophylactic or therapeutic indication by PDL, its Affiliates or sublicensees, PDL shall pay EXEL royalties at the following rates: Annual Net Sales of a given PDL Product Royalty Rate [ * ] [ * ] [ * ] [ * ] Except as set forth in Section 9.6, the foregoing royalty rates shall not be subject to adjustment or reduction for any reason.

  • To the extent a Product ceases being a Patent Product, but is still an Other Product, CSMC shall be entitled to receive a Royalty on such Product at the Other Product Royalty Rate, but only for such time as specified in Section 4.2(g).

  • The Option Exercise Notice shall include the Option Product Purchase Price selected by Ligand and the Option Product Royalty Rate corresponding to such Option Product Purchase Price.

  • For sales of each PDL Product for a prophylactic or therapeutic indication by PDL, its Affiliates or sublicensees, PDL shall pay EXEL royalties at the following rates: Annual Net Sales of a given PDL Product Royalty Rate --------------------------------------- ------------ [ * ] Except as set forth in Section 9.6, the foregoing royalty rates shall not be subject to adjustment or reduction for any reason.

  • Licensee agrees to pay and shall pay to CSMC a non-refundable running royalty (each, a " Royalty" ) in the amount of two percent (2%) on Net Sales of Products made, used, sold or otherwise distributed by Licensee or any Permitted Sublicensee hereunder ("Product Royalty Rate").

  • To the extent a Product ceases being a Patent Product, but is still an Other Product, CSMC shall be entitled to receive a Royalty on such Product at the Other Product Royalty Rate, but only for such time as specified in Section 4(f).


More Definitions of Product Royalty Rate

Product Royalty Rate means, with respect to the Product in a country in the Royalty Purchase Territory: (a) prior to the applicable Royalty Termination Date for such country, (i) from and after the Royalty Commencement Date, two percent (2%) and (ii) from and after the payment of the Second Tranche Purchase Price pursuant to Section 2.2(b), four percent (4%), and (b) on or after the Royalty Termination Date for such country, zero percent (0%); [*]:
Sample 1
Product Royalty Rate means, with respect to any given Product, that royalty rate which, under Section 7.1, shall be applied to Net Sales of such Product in calculating the Product Royalty;
Sample 1

Related to Product Royalty Rate

  • Royalty Rate means the percentage defined in Exhibit B.

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

  • Net Sales means [***].

  • Royalty Payment has the meaning set forth in Section 6.1.

  • Royalty Fee “Royalty Fee” means a royalty fee in the amount of $0.00 of Actual Production payable by BC Hydro to the Province for each year of the Term in accordance with Article 6 of the Master Agreement.

  • CREFC® Intellectual Property Royalty License Fee Rate With respect to each Mortgage Loan, a rate equal to 0.0005% per annum.

  • Royalty Payments has the meaning set forth in Section 7.3.1.

  • Third Party Royalties means royalties or payments actually paid by the Company or its Affiliates to an unaffiliated third party for the right to use or exploit technology, products or proprietary rights of such third party to create or sell Licensed Product/s, which third party’s rights would otherwise be infringed or violated.

  • Sales Milestone Payment shall have the meaning set forth in Section 8.4.

  • 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.

  • Sublicense Revenue means [***].

  • Development Milestone Payment shall have the meaning set forth in Section 9.2(a).

  • Sublicense Fees shall have the meaning set forth in Section 7.3 below.

  • Milestone Payments means payments made in connection with any Permitted Acquisition or other acquisition (including any license or the acquisition of any license) of any rights in respect of any drug or other pharmaceutical product (and any related property or assets) to sellers (or licensors) of the assets or Equity Interests acquired (or licensed) therein based on the achievement of specified revenue, profit or other performance targets (financial or otherwise).

  • Milestone Payment has the meaning set forth in Section 4.2.

  • Royalty Product means, either (a) an Alnylam Royalty Product, or (b) an Inex Royalty Product.

  • CREFC® Intellectual Property Royalty License Fee With respect to each Mortgage Loan (including any REO Mortgage Loan) and for any Distribution Date, the amount accrued during the related Interest Accrual Period at the CREFC® Intellectual Property Royalty License Fee Rate on, in the case of the initial Distribution Date, the Cut-Off Date Balance of such Mortgage Loan and, in the case of any subsequent Distribution Date, the Stated Principal Balance of such Mortgage Loan as of the close of business on the Distribution Date in the related Interest Accrual Period; provided that such amounts shall be computed for the same period and on the same interest accrual basis respecting which any related interest payment due or deemed due on the related Mortgage Loan is computed and shall be prorated for partial periods. For the avoidance of doubt, the CREFC® Intellectual Property Royalty License Fee shall be payable from the Lower-Tier REMIC.

  • Sublicense Revenues means [***].

  • Sales Revenue means receipts from the sale, lease, or rental of goods, services, or property;

  • Sublicensing Revenue means all amounts (including, without limitation, payments received for the purchase of equity in excess of the fair market value of such equity, license fees, milestone and other time or event based payments and royalties on sales of products, but excluding any research funding payments received and actually used for such purpose) received by a Party under an agreement or license attributable to Collaboration Products or from sales of Collaboration Products to end users less any withholding tax or other tax related reductions.

  • Diagnostic Product means any test or assay for diagnosing or detecting a disease, disorder, medical condition, or symptom.

  • Royalties means all royalties, fees, expense reimbursement and other amounts payable by a Loan Party under a License.

  • Net Sales Price means the gross sales price to retailers of all Licensed Products sold under this Agreement or, with respect to Licensed Products that are not sold directly or indirectly to retailers, other ultimate consumers (as in the case of accommodation sales by Licensee to its employees or sales by Licensee in its own shops), less trade discounts, merchandise returns, sales tax (if separately identified and charged) and markdowns and/or chargebacks which, in accordance with generally accepted accounting principles, would normally be treated as deductions from gross sales, and which, in any event, do not include any chargebacks or the like for advertising, fixture or retail shop costs or contributions. Notwithstanding the foregoing, Licensor hereby waives its right to (i) receive royalties hereunder for, or (ii) include within the calculation of Net Sales Price for the purpose of calculating the Annual Advertising Obligation as set forth in paragraph 4.6 hereof, sales of units of Licensed Products sold at a discount of [OMITTED; MATERIAL FILED SEPARATELY WITH SECURITIES AND EXCHANGE COMMISSION] or more off the regular wholesale price ("Discounted Units"), provided that such waiver shall only apply to the extent that the aggregate Net Sales Price of Discounted Units for any year does not exceed [OMITTED; MATERIAL FILED SEPARATELY WITH SECURITIES AND EXCHANGE COMMISSION] of the Net Sales Price of all units of Licensed Products other than Discounted Units sold in such year. No other deductions shall be taken. Any merchandise returns shall be credited in the quarter in which the returns are actually made. For purposes of this Agreement, affiliates of Licensee shall mean all persons and business entities, whether corporations, partnerships, joint ventures or otherwise, which now or hereafter control, or are owned or controlled, directly or indirectly by Licensee, or are under common control with Licensee. It is the intention of the parties that royalties will be based on the bona fide wholesale prices at which Licensee sells Licensed Products to independent retailers in arms' length transactions. In the event Licensee shall sell Licensed Products to its affiliates, royalties shall be calculated on the basis of such a bona fide wholesale price irrespective of Licensee's internal accounting treatment of such sale unless such products are sold by its affiliates directly to the end-user consumer, in which case royalties shall be calculated on the basis of the price paid by the end-user consumer, less applicable taxes. Licensee shall identify separately in the statements provided to Licensor pursuant to paragraph 7 hereof, all sales to affiliates. At least once annually and no later than 90 days after the close of Licensee's fiscal year, Licensee shall furnish to Licensor a statement of the Net Sales Price of all Licensed Products sold during the year just ended, which shall be certified by the independent auditor for Licensee as correct and in accordance with the terms of this Agreement.

  • Royalty Period means the partial calendar quarter commencing on the date on which the first Licensed Product is sold or used and every complete or partial calendar quarter thereafter during which either (a) this Agreement remains in effect or (b) Company has the right to complete and sell work-in-progress and inventory of Licensed Products pursuant to Section 8.5.

  • Annual Net Sales means, with respect to any Calendar Year, the aggregate amount of the Net Sales for such Calendar Year.

  • License Fee means the amount payable by the licensee to DMRC as per rates offered by the Selected Bidder for utilization of licensed space and accepted by DMRC to be paid by the Licensee along with other charges and any kind of Central or State Taxes, local levies, statutory dues, etc. that may be payable by the licensee as per prevalent law.