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 means the Base Price less all excise, sales and similar taxes and less the applicable Additional Deductions, if any.
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.
For the avoidance of doubt, revenues with respect to substitution as provided in this paragraph shall be included in the Royalty Base.
For the avoidance of doubt, Licensee shall have the right to create or acquire additional Spanish Language Platforms (including additional Spanish language Linear Television Channels) and to Broadcast Licensed Content thereon, pursuant to the terms and conditions and subject to the exceptions and exclusions contained in this Agreement, which Spanish Language Platforms will then be included for purposes of calculating the Royalty Base.
Further, it is understood and agreed that any rights licensed to, or acquired by, Licensee in connection with the exercise of its Right of First Negotiation / First Refusal set forth in Section 3.5(d) shall not constitute part of the Licensed Rights and will not be subject to the terms and conditions of this Agreement applicable to Licensed Content (provided, that this Section 3.5(e) shall not be deemed to affect the calculation of the Royalty, the Royalty Base or the operation of Section 9).
For purposes of calculating the Royalty payable by Licensee to Licensor under Section 9.1 (and subject to any applicable reductions pursuant to this Section 10), revenues with respect to the Non-Owned Team Soccer Rights shall be included in the Royalty Base to the extent they would be included subject to, and in accordance with, the terms and conditions of Section 9.1 (including any applicable deductions and exclusions).
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.
2. The present Section 4.1(c) shall be deleted in its entirety and replaced with the following new Section 4.1(c):
Royalty Base shall have the meaning set forth in Section 6.1.
Royalty Base means the total to which the royalty rate for a mineral is applied in order to determine the amount of royalty due;
Royalty Base means all revenues (whether or not the sources of such revenue are now or hereafter in existence), billed or billable by Licensee or its controlled Affiliates to any third party (for this purpose, including Affiliates that are not controlled), derived or generated (A) from the exploitation or operation of those Spanish Language Platforms in the Territory during the Term on which (1) Licensee has been licensed by Licensor the right to Broadcast Licensed Content hereunder (and Licensor has provided any necessary consents or approvals requested by Licensee and required under this Agreement to permit the Broadcast of Licensed Content on such Spanish Language Platform(s)), whether or not Licensed Content is actually Broadcast on such Spanish Language Platform, or such revenues are or are not derived or generated from the Broadcast of Licensed Content on such Spanish Language Platforms; and (2) Audiovisual Content of any kind is then being, or has at any time after the date hereof been, Broadcast by Licensee or its controlled Affiliates (“Royalty Base Platforms”) or (B) from (1) any Sublicensing Arrangements (it being understood that all Sublicensing Arrangements are subject to approval by Licensor pursuant to Section 4), (2) any Network Affiliation Agreements through which Licensee is permitted hereunder to license to a Network Affiliate the right to Broadcast any Licensed Content; (3) any MVPD Arrangements through which Licensee is permitted hereunder to license to an MVPD the right to Broadcast any Licensed Content; and (4) any UIN Branded Experiences through which Licensee is permitted hereunder to license the right to Broadcast any Licensed Content, including in each of cases (A) and (B) to the extent applicable, (I) net advertising revenue (including revenue from time sales, product placements or integration, or sponsorships); (II) net subscriber fee revenue (whether such fee revenue is advertising-based, subscription-based or otherwise and by whatever name, categorization or characterization thereof); (III) net distribution revenues (including subscriber fees, retransmission consent payments, or license or use fees or royalties); (IV) net interactive media revenues (including from advertising, subscription or transactional); and (V) net transactional revenue (including per-use, lease or rental fees, purchase prices, or site-specific monetary accounts, but excluding any revenue from the sale of Audiovisual Content by means of DTO), subject, in each case, t...
Royalty Base for a calendar year shall be BioForm and its Affiliate’s Net Sales in such calendar year of Licensed Products which arc 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 Parties are not able to agree on the extent, if any, to which the Licensed Products sold are covered by such Extension, they will resolve their disagreement in the manner set forth in Section 24. **** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Royalty Base means, without counting the same amount received by Diversa under more than one (1) of the sections below, but including all payments received in any manner or form for a particular Royalty-Bearing Product, the sum of the following:
1.34.1 Diversa's Net Sales actually received, which amount shall include for Net Sales attributable to Affiliates only the amount of Net Sales equal to Diversa's ownership interest in such Affiliates;
1.34.2 with respect to Third Parties to whom Diversa has licensed or otherwise conveyed rights to sell Royalty-Bearing Products, the amount, if any, of royalties from sales of Royalty-Bearing Products to which Diversa is entitled and which Diversa has actually received; and
1.34.3 the amount of any (a) [***], (b) [***] and (c) [***]; provided, however, for any such [***], and/or [***] that are based on or attributable to Royalty Bearing Products and technology or products other than Royalty Bearing Products, Diversa shall determine, in its good faith and using commercially reasonable efforts, the portion of such [***] attributable to items included in clauses (a), (b) and (c) of this Section 1.34.