Profit Share Payment definition
Examples of Profit Share Payment in a sentence
Each Profit Share Payment shall be accompanied by the Profit Share Statement described in Section 7.2. Profit Share Payments shall be made on a quarterly basis and shall be paid not later than forty-five (45) days following the end of each Fiscal Quarter, and are subject to offset as set forth in Section 6.3 below.
Concurrently with the Profit Share Report, the Commercializing Party will make a payment to the other Party of the applicable Profit Share Payment due pursuant to Section 11.6.3 (Net Profits), in each case for such Calendar Quarter.
Each payment of a Profit Share Payment will be accompanied by a report summarizing the calculation of Net Profits (including the calculation of (a) Net Product Revenues, (b) Net Sublicense Revenues, and (c) Net Recoveries) during the relevant Calendar Quarter.
If no Profit Share Payment is payable in respect of a given Calendar Quarter, Praxis will submit a written report to RogCon so indicating.
Commencing with the first accrual of Net Profits, Praxis will keep, and will require its Affiliates to keep (all in accordance with GAAP, consistently applied), complete and accurate records pertaining to Net Profits for a period of [***] after the year in which such Net Profits accrue and in sufficient detail to permit RogCon to confirm the accuracy of any Profit Share Payment hereunder.
With each Profit Share Payment under Section 6.1, Licensee shall deliver to Citius a complete and accurate report, stating the gross sales, Product Net Sales and Product EBITDA and Profit Share Payment for each Product for the preceding Fiscal Quarter (the “Profit Share Statement”).
MGM may apply the Profit Share Payment and the Buyout Payment towards its total participation in the Next Financing on the terms set forth in Section 6.
The Profit Share Payment is due on the earlier to occur of (i) the consummation of the Next Financing, (ii) the date on which PLAYSTUDIOS waives MGM’s commitment to participate in the Next Financing, or (ii) the two-year anniversary date of the Effective Date.
For any subsequent Calendar Quarter after the payment of a Profit Share Payment, Virpax may adjust and re-calculate the Profit Share Payments for prior Calendar Quarters due to additional events affecting the calculation of [**], such as returns, chargebacks, fees assessed, liabilities associated with a Licensed Product, or other deductions not previously captured.
Any Profit Share Payment and Rehabilitation Payment (taken together) shall not exceed the Overall Cap.