Sublicensing Royalties definition

Sublicensing Royalties means, with respect to any Product, the cash consideration received by Company and its Affiliates in consideration for granting sublicense rights to a Sublicensee under the Licensed Patent Rights or Licensed Know-How Rights by Company or its Affiliates with respect to such Products, when said consideration is in the nature of an earned royalty payment based upon actual running sales of such Product by such Sublicensee, but excluding items such as minimum royalties (in excess of earned royalties) and excluding license fees and milestone fees.

Sublicensing Royalties means all royalties that a Sublicensee is obligated to pay Licensee, its Designees or their Affiliates on any Net Sales of Sublicensee, its Designees or their Affiliates in consideration of the rights granted in a Sublicense Agreement.

Sublicensing Royalties means all royalties, revenues, receipts, ---------------------- monies and the fair market value of all non-cash consideration such as but not limited to any credit, barter, benefit, advantage or concession payable to ESPERION by a Sublicensee which is, or may be reasonably construed as being calculated on or based on the making, using or selling of Licensed Products by the Sublicensee. For the avoidance of doubt, Sublicensing Royalties shall not include payments which are reasonably construed as initial or periodic sub- licensing fees, funds for research and development, milestone payments or equity investments.

Examples of Sublicensing Royalties in a sentence

• Such books and records shall document all Development Costs, gross sales, Net Sales, and Sublicensing Royalties and include all information subject to audit pursuant to Section 5e below.

• For avoidance of doubt, during the time such Sublicensing Royalties are paid under this Section 6.4.2, the payments described in Section 6.3.3 shall not apply in the territory which has been sublicensed.

• The Running Royalties and Sublicensing Royalties for each Accounting Period shall be credited against the Minimum Annual Royalty payable for each corresponding Accounting Period.

• If the Running Royalties plus Sublicensing Royalties received by Licensors in each said Accounting Period during the term of this Agreement shall not equal the Minimum Annual Royalty amount shown below, then Licensee shall pay the difference between the amount of actual royalties paid and the Minimum Annual Royalty within sixty (60) days of the end of each Accounting Period.

• Notwithstanding the foregoing, to the extent any part of the recovery includes a reasonable royalty, such royalty amounts shall be deemed Sublicensing Royalties and paid in accordance with Section 4.6. and to the extent that any part of the recovery includes punitive damages, such amounts shall be distributed [*]% to the controlling party and [*]% to the other party.

More Definitions of Sublicensing Royalties

Sublicensing Royalties has the meaning set forth in Section 6.2(a)(i).

Sublicensing Royalties mean the payments owed to Licensor based on Sublicensing Revenue as specified in Exhibit B.

Sublicensing Royalties means all sales-based running royalties received by BDSI or its Affiliates from any Third Party following the Effective Date as consideration for the grant of a license by Parent, Arius, or any Affiliate of either of the foregoing to such Third Party to commercialize the Royalty Product, and paid based on such Third Party’s commercial sales of Royalty Product, provided that Sublicensing Royalties shall specifically exclude (i) upfront, license, maintenance, development milestone, commercial milestone, and similar payments to the extent that such payment is not in lieu of commercial sales of the Royalty Product or subject to recapture or refund based on future commercial sales of the Royalty Product, (ii) purchases of equity or debt of Arius, Parent, or any Affiliate of either of the foregoing, (iii) payments made in connection with research and development agreements, joint ventures, partnerships or collaboration agreements where Arius, Parent, or an Affiliate of either of the foregoing is obligated to perform research and development of any Royalty Product(s), and (iv) other payments made by a sublicensee as consideration for Arius’, Parent’s, or any of their Affiliate’s performance of services or provision of goods including but not limited to clinical trial materials and product placebos.

Sublicensing Royalties means royalties and sales milestones received by KKC from its licensees or sublicensees on Net Sales by such licensees or sublicensees of Licensed Products worldwide.

Sublicensing Royalties means royalties and sales milestones received by KHK from its licensees or sublicensees on Net Sales by such licensees or sublicensees of Licensed Products worldwide.

Sublicensing Royalties means amounts received by CTI or one of its affiliates for licenses to make, use, or sell Royalty-Bearing Products

Sublicensing Royalties means all sales-based running royalties received by BDSI or its Affiliates from any Third Party following the Effective Date as consideration for the grant of a license by Parent, Arius, or any Affiliate of either of the foregoing to such Third Party to commercialize the Royalty Product, and paid based on such Third Party’s commercial sales of Royalty Product, provided that Sublicensing Royalties shall specifically exclude (i) upfront, license, maintenance, development milestone, commercial milestone, and similar payments to the extent that such payment is not in lieu of commercial sales of the Royalty Product or subject to recapture or refund based on future commercial sales of the Royalty Product, (ii) purchases of equity or debt of Arius, Parent, or any Affiliate of either of the foregoing, (iii) payments made in connection with research and development agreements, joint ventures, partnerships or collaboration agreements where Arius, Parent, or an Affiliate of either of the foregoing is obligated to perform research and development of any Royalty Product(s), and