Earn-Out. (a) Subject to Sections 3.3(b), (c) and (d), Buyer shall pay to Seller [****] percent ([****]%) of aggregate worldwide annual Net Sales of Product by Buyer, its Affiliates or Licensees, or any Third Party acting on behalf of Buyer, its Affiliates or Licensees of all Products in a given calendar year during the Earn-Out Term.
Appears in 4 contracts
Samples: Patent Assignment Agreement (Provention Bio, Inc.), Asset Purchase Agreement (Macrogenics Inc), Patent Assignment Agreement (Provention Bio, Inc.)
Earn-Out. (a) i. Subject to Sections 3.3(b), (c) and (d), Buyer shall pay to Seller [****] percent ([****]%) of the aggregate worldwide annual Net Sales of Product by Buyer, its Affiliates or Licensees, or any Third Party acting on behalf of Buyer, its Affiliates or Licensees of all Products in a given calendar year during that exceed [***] the Earn-Out Term.
Appears in 1 contract
