Royalty Base definition

Royalty Base means, with respect to sales of a particular Product (i.e., SKU) in a particular country in a given Accounting Period, the difference between: (a) Net Sales of such Product in such country in such Accounting Period; and (b) the aggregate Transfer Price of such Product sold in such country in such Accounting Period, determined on a first-in, first-out (FIFO) basis (i.e., units of Products held in inventory for the longest time are assumed to be the first to be sold) in accordance with applicable Accounting Standards.

Royalty Base has the meaning set forth in Section 9.1(d)(i).

Royalty Base shall have the meaning set forth in Section 6.1.

Examples of Royalty Base in a sentence

• The terms "Royalty Rate", "Royalty Base" and "Royalty" shall have the meanings as respectively provided in paragraphs 1, 2 and 3 of this Annex D, and "Third Party" shall mean such third party person(s) who is granted the right for the sales of any products embodying the Innovation or made by practicing the Innovation under a license of a patent obtained for the Innovation.

• Where the product sold consists of an assemblage of subsystems or entities, the Royalty Base shall be the selling price of the product multiplied by a fraction the numerator of which shall be the manufacturing cost of those subsystems or entities which incorporate a patented invention or inventions made in whole or in part on the implementation of the Proposal, and the denominator of which shall be the manufacturing cost of the product sold.

• If, however, a market price shall have been established for any subsystem or entity which incorporates a patented invention or inventions made in whole or in part under this project and which is sold separately, sold as part of the Innovation, or sold as part of any other product, such market price shall be the Royalty Base.

• Where the product sold by the Third Party consists of the Innovation and such Innovation consists essentially of, or depends primarily on, a patented invention or inventions made in whole or in part during the performance of KORIL-RDF-supported work on the project, the Royalty Base shall be the selling price of the product as defined in Clause 3.2.

• While this remittance identifies each specific program, the actual corresponding CFDA numbers are not identified.

More Definitions of Royalty Base

Royalty Base means the sum, calculated on an accrual basis, of (A) Net Advertising Revenue, (B) Net Subscriber Fee Revenue, (C) National Representation Commissions, (D) JSA Income, and (E) all other revenues (whether or not such sources of revenue are now or hereafter in existence) directly or indirectly relating to, based on or derived from any Program, Special Program (other than Special Programs produced by Licensee and Special Programs produced by a third party the rights for which were obtained by Licensee without any assistance or efforts by Licensor and/or its Affiliates) , Co-Produced Program or Grandfathered Program in whole or in any part, less Excluded Matches Advertising Revenue. For the avoidance of doubt, in the event that any amounts are covered by more than one of the items listed in clauses (A)-(E) above, for the purposes of calculating the Royalty Base, any such amounts will be included only once (i.e. no double-counting). The calculation of the Royalty Base shall be consistent with the calculation attached as Exhibit 1 hereto, which shows the calculation of the Royalty Base for the years 2002 to 2007. Nothing in this definition is intended to or shall be deemed to modify Section 1.1(a) hereof or the license granted pursuant thereto or to in any way permit any use of Programs other than the broadcast of Programs during the Term on the Networks.

Royalty Base means the total manufacturing cost, as determined by Generally Accepted Accounting Principles (GAAP), of all battery cathode powder material produced or acquired by COMPANY and/or AFFILIATES where such battery cathode powder material is used in a battery electrode that is a LICENSED PRODUCT.

Royalty Base for a calendar year shall be BioForm and its Affiliate’s Net Sales in such calendar year of Licensed Products which use either (i) sold to Third Parties in the U.S. prior to the end of the U.S. Royalty Obligation Term, or (ii) sold prior to the end of the applicable Ex-U.S. Royalty Obligation Term to Third Parties outside the U.S. in countries where a Licensed Patent is In Force. In the event that a patent term extension or supplemental protection certificate is granted in a country with respect to a Licensed Patent (“Extension”), then the term for which sales are included in the Royalty Base will be extended in the applicable country until the Extension expires, but only as to sales of Licensed Products that are (i) within the scope of rights derived from such Extension and (ii) sold for uses covered by such Extension. If the *** Portions of this page have been omitted pursuant to a request for Confidential Treatment filed separately with the Commission.

Royalty Base shall have the meaning set forth in Section 6.1. 1.24 “Running Royalty” shall have the meaning set forth in Section 6.1. 1.25 “Sale/Merger Event” shall mean the closing of (i) a sale or transfer of all or substantially all of BioForm’s business assets related to Licensed Products including the License to a Third Party, (ii) the acquisition after the Effective Date by a Third Party of a Controlling interest in BioForm, or (iii) the merger or combination of BioForm with a Third party in which the resulting entity is not Controlled by BioForm or the shareholders of BioForm immediately before the merger or combination. 1.26 “Sublicense Royalty Base” shall have the meaning set forth in Section 11.3.1. 1.27 “Sublicensed Product” shall mean any Licensed Product which does not contain any polymethylmethacrylate (“PMMA”) and which does not contain substantially spherical particles (a) having diameters between *** and *** microns and (b) containing (i) solid polymeric materials, (ii) permanent, non-polymeric materials other than (x) CaHA or (y) other calcium phosphate materials, such that the particles do not degrade in the body, or (iii) a polymeric material which is not derived from the carrier or other non-particulate component of the implant product. Notwithstanding the foregoing, a Sublicensed Product may additionally contain a carrier or suspending agent of any composition including polymers (such as hyaluronic acid and/or carboxymethylcellulose) and materials which may form non-spherical solids. 1.28 “Technology Access Fee” shall have the meaning set forth in Section 4. 1.29 “Technology Transfer Fee” shall have the meaning set forth in Section 9. 1.30 “Third Pares” shall mean any person or entity not a Party or an Affiliate of a Party. *** Portions of this page have been omitted pursuant to a request for Confidential Treatment filed separately with the Commission.

Royalty Base means: (i) for sales of a Licensed Product or Licensed Service which utilizes one or more Onco Methylation Marker(s) but not MSP, [***] of Net Sales attributable to such Licensed Product or Licensed Service, respectively, and (ii) for sales of a Licensed Product or Licensed Service which includes one or more Onco Methylation Marker(s) and MSP, [***] of Net Sales attributable to such Licensed Product or Licensed Service, respectively.

Royalty Base. The Retail List Price less all excise, sales and similar taxes (to the extent such taxes are included in the Retail List Price) and less the applicable Container Charge.

Royalty Base means the Net Sales Price of an Attachment embodying any of the Patents licensed to Olympus pursuant to Section 3.3(c) of this Agreement multiplied by a fraction the numerator of which is the [*] and the denominator of which is the [*] for such Attachments, as adjusted pursuant to Section 3.3 (f)]. In no event shall the numerator of the foregoing fraction include any [*].