Sublicense Revenues. Licensee shall pay to COH a percentage of all Sublicense Revenues within sixty (60) days after payment is received from the relevant Sublicensee, determined as follows:
Sublicense Revenues. The term “Sublicense Revenues” shall mean the consideration actually received by Licensee from a Sublicensee arising from the grant of a sublicense of the Licensed Patent Rights or the grant of distribution or marketing rights with respect to Licensed Products (but excluding warehousing arrangements). Sublicense Revenues shall include up-front or license fees, milestone payments, premiums above the fair market value on sales of debt or equity securities of Licensee, annual maintenance fees, and any other payments in respect of a sublicense of the Licensed Patent Rights; provided, however, that Sublicense Revenues shall exclude: (a) royalties on any Sublicensee’s sales of Licensed Products; (b) funding or reimbursement for specific research and development (including manufacturing development and pre-commercial manufacturing or production costs) activities itemized in such sublicense directly attributable to the Licensed Patent Rights; (c) payments for debt or equity securities of Licensee (other than premiums above the fair market value of such securities as of the date of such payments); and (d) payments and reimbursements by any Sublicensee of patent costs actually incurred by Licensee.
Sublicense Revenues. 4.7.1 With respect to Sublicense Revenues associated with a Sublicensee’s Licensed Products comprising [***], Licensee shall pay to COH a percentage of all such Sublicense Revenues within [***] days after payment is received from the relevant Sublicensee, determined as follows:
Sublicense Revenues. 5.5.1 For any licenses or sublicenses granted by Genable during the term of this Agreement, Genable shall pay to Spark the milestones and royalties according to this Agreement on milestone achievements and Net Sales of the Licensed Products by Affiliates, licensee(s) and sublicensee(s) as if such milestone achievements and sales were milestone achievements and Net Sales from Licensed Products by Genable.
Sublicense Revenues. If Anthera sublicenses any of its rights under the Licensed Technology to a Third Party within [***] of the Effective Date, within [***] of the date upon which payment of any of the following is made: (i) any upfront license fees and other lump sum or one-time fees in consideration of such sublicense to the Licensed Technology (including any other fee or payment for a sublicense to the Licensed Technology which is paid to Anthera solely on the basis of the passage of time); and (ii) any milestones or payments tied to [***], then in each such case Anthera shall pay to Amgen [***], and [***], respectively. The foregoing shall not apply to the grant of a sublicense by Anthera in connection with a merger, acquisition, reorganization, spin-out of Anthera’s rights and obligations under this Agreement, or sale of all or substantially all of the assets of Anthera. The obligations set forth in this Section 4.5 are in addition to any other payment obligations under this Agreement.
Sublicense Revenues. The term “Sublicense Revenue” shall mean all revenues and other consideration paid to Licensee or to an Affiliate in consideration of (a) the ***Confidential Treatment Requested grant of rights that includes a sublicense to the Licensed Patent Rights and/or Licensed Biological Materials, (b) the grant of distribution or marketing rights with respect to Products and/or Licensed Biological Materials, and/or (c) the sale or other transfer of that portion of Licensee’s or an Affiliate’s business or assets that relates to the rights granted under this Agreement. Without limiting the generality of the foregoing, Sublicense Revenues shall include without limitation all upfront fees, license fees, milestone payments, technology access fees, premiums above the fair market value on sales of debt or equity securities of Licensee or of an Affiliate, annual maintenance fees, and any other payments with respect to such sublicense, distribution or marketing rights or sale or other transfer. Sublicense Revenues include amounts received from a Sublicensee under the terms of the agreement in which the sublicense is granted and under the terms of other agreements entered into between Licensee and Sublicensee as part of the same transaction as the agreement that includes the grant of the sublicense. However, Sublicense Revenues shall exclude: (i) royalties on a Sublicensee’s sales of Products, Licensed Services or Licensed Processes; and (ii) payments for debt or equity securities of Licensee or of an Affiliate that are at or below the fair market value of such securities as of the date of receipt of such payments as mutually determined by the parties. Any non-cash Sublicense Revenues received by Licensee or by an Affiliate shall be valued at its fair market value as of the date of receipt as mutually determined by the parties.
Sublicense Revenues. Except as provided below, Licensee shall pay to Licensor a percentage of Sublicense Revenues within ___________________ (_____) days after payment is due from the relevant Sublicensee or distributor. If, on or before the ___________________th day that such payment is due, Licensee shall not have received such Sublicense Revenues, Licensee shall notify Licensor of such non-receipt, whereupon Licensee and Licensor shall promptly consult as to the appropriate course of action to be taken with respect to the collection of such Sublicense Revenues. If, within ___________________ (_____) days, Licensee and Licensor shall have agreed upon and commenced the implementation of a course of action to accomplish such collection, Licensee shall not have any obligation to make any payment with respect to such Sublicense Revenues as long as it shall be implementing such course of action. If Licensee and Licensor shall not be in agreement with respect to such course of action, Licensee shall have no obligation to pay such amount so long as it shall be complying in all material respects with the direction of Licensor with respect to such collection or, at the election of Licensor, shall have enabled Licensor to directly enforce the obligations with respect to the payment of Sublicense Revenues under the Sublicense in question. Notwithstanding the foregoing, however, if Licensee shall at any time receive all or part of such Sublicense Revenues, Licensee shall promptly pay the appropriate percentage thereof to Licensor. Licensor shall be entitled to ___________________ percent (_____%) of all Sublicense Revenues derived from a grant of rights by Licensee effective prior to the date on which Licensee has expended $_____ in aggregate direct and indirect costs related to the development and commercialization of Licensed Products. Licensor shall be entitled to ___________________ percent (_____%) of all Sublicense Revenues derived from a grant of rights by Licensee effective thereafter. In the case of a loan or other extension of credit that is other than an arm's-length credit relationship between an established financial institution and Licensee, the proceeds of such loan shall be deemed to be Sublicense Revenues. In such case, Licensee, upon receipt of any such loan proceeds, shall pay to Licensor the percentage of such proceeds determined pursuant to the second and third sentences of this section, whereupon Licensor and Licensee shall be subject to the following: (i) if and w...
Sublicense Revenues. Licensee shall pay to COH:
Sublicense Revenues. Licensee shall pay the University [*****] of all Sublicense Revenues in accordance with the payment schedule set forth below. Within sixty (60) days after January 10 and July 10, each year during the Term and Post termination Period, the Licensee shall deliver to the University a written report recounting the Sublicense Revenues (expressed in U.S. dollars). The Licensee shall deliver along with such sales reports its payment owed on all Sublicense Revenues by the Licensee during such period.
Sublicense Revenues. Thirty percent (30%) of Sublicense Revenue.
