Sublicensee Payments means any payments received by Licensee from a Sublicensee (whether in the form of cash, Fair Market Value of cash equivalents or Fair Market Value of securities of Sublicensee or any other third party) in consideration of permitting the Sublicensee to practice the Patent Rights licensed to Licensee hereunder, including but not limited to sublicense issue fees, any lump sum payments, milestone payments, technology transfer payments or other similar fees; provided, however, that Sublicensee Payments shall not include any THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
Sublicensee Payments means any remuneration other than royalties received by Licensee from a Sublicensee including, without limitation, all milestone payments, exclusivity payments, sublicensing fees and upfront licensing fees, and regardless of the form (except for any royalty payments) including, without limitation, cash, equity and the fair market value (on the date of receipt) of any non-cash and non-equity consideration, other than payments of Net Sales for which a royalty payment is made to Northwestern pursuant to Section 5.1, but excluding any amounts attributable to reimbursement to Licensee for its research, development, manufacturing or patent expenses, and any amounts attributable to the fair market value of any equity or debt interest granted by Licensee to any Sublicensee.
Sublicensee Payments. Sublicensee Payments" means all monies or other consideration received by Xxxxx Xxxxxx from any sublicensees for use of the Technology.
Examples of Sublicensee Payments in a sentence
Example Calculations This exhibit provides examples for determining, in the event that Codiak sublicenses the Licensed IP, whether Kayla will receive the Development Milestones described in Section 5.2 or a portion of the Sublicensee Payments as described in Section 5.3. For the purpose of this exhibit, two examples of sublicense terms are provided.
Xxxxxx Xxxxx shall bear the cost of any audit of the Sub-licensee Payments, unless such audit discloses a variance of more than 5% from the amount of the Sub-licensee Payments due to Xxxxxx Xxxxx under Section 6.5. In the case of a variance of more than 5%, the audited party shall bear the full cost of such audit.
Each payment of royalties by XTL shall be accompanied by a statement of the amount of Net Sales, Net Royalty Payments and Net Sublicensee Payments received during such period, and all other information necessary to determine the appropriate amount of such payments.
Each such notice shall state: (i) the Exchange Date, (ii) the number of shares of Series A MMP to be exchanged, (iii) the exchange price, (iv) the place or places where certificates for such shares of Series A MMP are to be surrendered for payment of the exchange price and (v) that dividends on the shares to be exchanged will cease to accrue on the Exchange Date.
Licensee shall pay Licensor, or cause its sublicensees to pay Licensor, amounts owed by Licensee to Licensor on account of Included Sublicensee Payments as specified in Section 4.2 hereof.
More Definitions of Sublicensee Payments
Sublicensee Payments means any remuneration received by Licensee from a Sublicensee, including milestone payments, exclusivity payments, sublicensing fees, and upfront license fees. Sublicensee Payments can take the form of cash, equity and the fair market value (on the date of receipt) of any non-cash, non-equity consideration. Sublicensee Payments shall not include:
Sublicensee Payments means any and all consideration of any kind received by Codiak from a Sublicensee pursuant to a sublicense, including without limitation any option fee, upfront and milestone payments related to the development of a Licensed Product, but excluding any payments (i) based on net sales of the Licensed Product such as sales milestone payments and royalty payments, (ii) for research or development related to a Licensed Product to the extent that such payments correspond to the actual costs incurred by Codiak after the execution of the sublicense, without xxxx up (to the extent such payments exceed such actual costs, the excess shall be included in Sublicensee Payments) and (iii) for equity to the extent not in excess of the then-current fair market value for such equity (to the extent payment for such equity exceed such fair market value, the excess shall be included in Sublicensee Payments).
Sublicensee Payments. Sublicensee Payments" means all monies or other consideration received by Cove from any sublicensees for use of the Technology.
Sublicensee Payments means all (i) cash upfront payments, (ii) royalty payments, and (iii) milestone payments that are paid to Eagle by any Sublicensee to the extent in consideration for the grant of a sublicense of Eagle’s rights under this Agreement, but excluding the following payments:
Sublicensee Payments means all monies or other consideration received by Fly Tech from any sublicensees for use of the Technology.
Sublicensee Payments means any remuneration other than royalties received by Licensee from a Sublicensee including, without limitation, all milestone payments, exclusivity payments, sublicensing fees and upfront licensing fees, and regardless of the form (except for any royalty payments) including, without limitation, cash, equity and the fair market value (on the date of receipt) of any non-cash and non-equity consideration, other than payments of Net Sales for which a royalty payment is made to Northwestern pursuant to Section 5.1, but excluding any amounts attributable to reimbursement to Licensee THE COMPANY HAS REQUESTED AN ORDER FROM THE SECURITIES AND EXCHANGE COMMISSION (THE “COMMISSION”) PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED, GRANTING CONFIDENTIAL TREATMENT TO SELECTED PORTIONS. ACCORDINGLY, THE CONFIDENTIAL PORTIONS HAVE BEEN OMITTED FROM THIS EXHIBIT, AND HAVE BEEN FILED SEPARATELY WITH THE COMMISSION. OMITTED PORTIONS ARE INDICATED IN THIS EXHIBIT WITH “*****”. for its research, development, manufacturing or patent expenses, and any amounts attributable to the fair market value of any equity or debt interest granted by Licensee to any Sublicensee.
Sublicensee Payments means any and all consideration of any kind received by Codiak from a Sublicensee pursuant to a sublicense, including without limitation any option fee, upfront and milestone payments related to the development of a Licensed Product, but excluding any payments (i) based on net sales of the Licensed Product such as sales milestone payments and royalty payments, (ii) for research or development related to a Licensed Product to the extent that such payments correspond to the actual costs incurred by Codiak after the execution of the sublicense, without xxxx up (to the extent such payments exceed such actual costs, the excess shall be included in Sublicensee Payments) and (iii) for equity to the extent not in excess of the then-current fair market value for such equity (to the extent payment for such equity exceed such fair market value, the excess shall be included in Sublicensee Payments). [***] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED