Applicable Royalty Rate definition

Applicable Royalty Rate means the percentage rate or rates at which BMS shall pay royalties to CPI hereunder, determined on a calendar year-by-calendar year basis, as follows:

Applicable Royalty Rate has the meaning set forth in Section 5.2(b) hereof.

Applicable Royalty Rate shall be calculated as follows: Applicable Rate Portion of Total Annual Net Sales: [***] Less than or equal to $5 million [***] > $5 million and less than or equal to $10 million [***] > $10 million and less than or equal to $15 million [***] > $15 million and less than or equal to $20 million [***] > $20 million [***] *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. [***]

Examples of Applicable Royalty Rate in a sentence

• Without limiting the scope of any review by the Council, a review under this regulation may include an adjustment to the Applicable Royalty Rate under appendix IV and the manner and basis of the calculation of a royalty.

• For the Second Period of Commercial Production, the percentage(s) shown under column D in the tables below for the applicable Resource category.2. The Applicable Royalty Rate and the manner and basis of its calculation may vary as between a royalty payable in respect of different Relevant Metals and different Resource categories.

• The Applicable Royalty Rate shall be reduced on the occurrence of the following events.

• The actual Net Sales for such Calendar Quarter shall then be multiplied by the Applicable Royalty Rate for such Calendar Quarter to determine the royalty payment to Acura for such Calendar Quarter.

• In this Appendix IV: Applicable Royalty Rate means the royalty rate shown in the Table below for the applicable Resource category or as determined by a decision of the Council following any review under these Regulations.

More Definitions of Applicable Royalty Rate

Applicable Royalty Rate shall have the meaning given in Section 9.1.

Applicable Royalty Rate means the percentage, which shall not be [*], negotiated in good faith by the parties.

Applicable Royalty Rate means the percentage, which shall not be less than (a) [*] and shall not be more than five and one-half percent (51⁄2%) with respect to a Licensed Product covered by a Valid Claim, or (b) three and one-half percent (31⁄2%) and shall not be more than [*] with respect to a Licensed Product not covered by a Valid Claim negotiated in good faith by the parties.”

Applicable Royalty Rate means, with respect to each Royalty-Bearing Product, a [*] of Net Sales for such Royalty-Bearing Product.

Applicable Royalty Rate with respect to each Covered Product, shall mean the percentage rate or rates at which Pilot shall pay royalties to BMS hereunder in respect of such Covered Product, determined on a calendar year-by-calendar year basis, as follows: Portion of Annual Net Sales Applicable Royalty Rate of Covered Product(s) for Covered Product(s) --------------------------- ----------------------- < $50,000,000 **% - > $50,000,000 and < $100,000,000 **% - > $100,000,000 and < $150,000,000 **% - > $150,000,000 and < $200,000,000 **% - > $200,000,000 **% For the avoidance of doubt, if there is more than one Covered Product sold in any calendar year, the Net Sales of all Covered Products shall be aggregated for the purpose of determining the Applicable Royalty Rate.

Applicable Royalty Rate shall be determined for each calendar year and shall be a function of the actual amount of Drug Substance delivered by HCC during such year (the "Annual Deliveries"), as follows: If Annual Then the Applicable Deliveries (Kg) are: Royalty Rate is: -------------------- ------------------- [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] No royalty amounts shall be due on sales of Product Units containing Drug Substance delivered by HCC in any year in which Annual Deliveries are less than [ * ] Kg.

Applicable Royalty Rate means the percentage based on the applicable portion of Annual Net Revenues and the Loans advanced, as set forth in the chart below, and calculated as follows: (a) if only the Tranche A Term Loans are funded pursuant to Section 2.01(a)(i), the percentage set forth in the applicable row of column 1, (b) if the Tranche B Term Loans are also funded pursuant to Section 2.01(a)(ii), the percentage set forth in the applicable row of column 2 or (c) if the Tranche D Term Loans are also funded pursuant to Section 2.01(a)(iv), the percentage set forth in the applicable row of column 3: Applicable Royalty Rate based on Annual Net Revenues 1. Only the Tranche A Term Loans are funded pursuant to Section 2.01(a)(i) 2. If the Tranche B Term Loans are also funded pursuant to Section 2.01(a)(ii) 3. If the Tranche D Term Loans are also funded pursuant to Section 2.01(a)(iv) Portion of Annual Net Revenues less than or equal to $75,000,000 2.00% 4.00% 4.50%