Attributed Income definition
Attributed Income means income not actually earned by a parent, but which may be attributed to the parent because he or she is unemployed, is not working full time, is working below full earning capacity, or has non-performing or under-performing assets. Code, 48A-1A-3(a) [1997]. Attributed income consists of moneys which a support obligor should have earned had he or she diligently pursued reasonable employment opportunities, or reasonably utilized, applied, or invested his or her assets.” Syllabus Point 4, Porter v. Bego, 200 W.Va. 168, 488 S.E.2d 443 (1997).
Attributed Income means the total gross proceeds (excluding from such proceeds Sublicensee Royalties of Sublicensees and Earned Royalties, but including in such proceeds, without limitation, any license fees, maintenance fees, or milestone payments), whether consisting of cash or any other form of consideration and whether or not any rights other than Patent Rights are granted, which gross proceeds are received by or payable to the Licensee and/or any of its Affiliates from any Sublicensee in consideration of the grant of a sublicense and from any Development Partner in consideration of any agreement or arrangement between such Development Partner and Licensee or Sublicensee in connection with an agreement or arrangement relating to the research or development of Licensed Products. Notwithstanding the foregoing, Attributed Income shall not include proceeds reasonably and fairly attributed in such sublicense or such agreement or arrangement to bona fide (i) debt financing; (ii) equity (and conditional equity, such as warrants, convertible debt and the like) investments in the Licensee at market value; (iii) reimbursements of Patent QuatRx EndoChem License
1. Prosecution Costs actually incurred by Licensee; (iv) reimbursement for the cost of research and/or development services to be provided by Licensee on a going forward basis (or within the six (6) month period preceding the consummation of such sublicense or such agreement or arrangement, so long as the reimbursement in question is specifically agreed upon between Licensee and such Sublicensee or Development Partner in view of the negotiation period involved) which is payable on a commercially reasonable full-time equivalent ("FTE") basis or other similar commercially reasonable basis where reference to FTEs is not applicable; (v) amounts paid for the supply of Licensed Products by Licensee to a Sublicensee or a Development Partner or by a Sublicensee to a Development Partner for preclinical or clinical development (so long as amounts received for such supply do not exceed ********* percent (***%) of the actual fully burdened manufacturing cost thereof); and (vi) reimbursement of reasonable out-of-pocket costs actually paid by Licensee to third parties in connection with the services described in subsection (iv) above to the extent such costs are not already included in subsections (iv) or (v). For the avoidance of doubt, any gross proceeds meeting the definition set forth above shall be "Attributed Income" irrespective o...
Attributed Income means the following types of income received by Licensee which is attributable to the Invention licensed hereunder: upfront licensing fees paid to Licensee by third parties (e.g. corporate partners and sublicensees of Licensee) and licensing and/or research and development (R&D) milestone payments made to Licensee for the development of Licensed Products which milestone payments are payable prior to (but not after) the commencement of clinical trials for a Licensed Product to which the income is attributable. Attributed Income does not include amounts received by Licensee from third parties for the purchase of an equity interest in Licensee (except amounts in excess of the fair market value of Licensee's stock at the time such purchase is made), amounts received to fund Licensee's research and development efforts (charged at cost), amounts received by Licensee
Examples of Attributed Income in a sentence
Sublicense Fees with respect to any Attributed Income shall accrue to The Regents within thirty (30) days of the date that such Attributed Income is due to the Licensee.
Sublicense Fees shall become payable to The Regents within *** days of the date that the Attributed Income on which they are based is received by Licensee.
Licensee shall pay to The Regents seven and one-half percent (7.5%) of all Attributed Income ("Revenue Share Payment").
Sublicense Fees with respect to any Attributed Income shall accrue to EndoChem within thirty (30) days of the date that such Attributed Income is payable by the Licensee.
Revenue Share Payments (as defined by Article 6 (Payments on Sublicenses), below) with respect to any Attributed Income shall be due to The Regents within thirty (30) days of the date that such Attributed Income is due to Licensee, and shall be paid to the Regents on a quarterly basis as set forth in Paragraph 4.2 hereof.
More Definitions of Attributed Income
Attributed Income means the total gross proceeds (exclusive of Earned Royalties of Sublicensees, but including, without limitation, any license fees, maintenance fees, or milestone payments), whether consisting of cash or any other forms of consideration and whether any rights other than Patent Rights are granted, which gross proceeds are received by or payable to Licensee or any Affiliate from any Sublicensee in consideration of the grant of a sublicense under the Patent Rights. Notwithstanding the foregoing, Attributed Income shall not include proceeds attributed in such sublicense or such agreement, arrangement or other relationship to bona fide: [*] for the applicable Sublicensee under such sublicense or such agreement, arrangement or other relationship on the basis of full-time equivalent (“FTE”) efforts of personnel at or below commercially reasonable and standard FTE rates and/or reimbursement of other research costs (such as capital equipment purchase) on any actual cost basis. For the avoidance of doubt, any gross proceeds meeting the definition set forth above in this Article 1.2 shall be “Attributed Income” irrespective of whether such gross proceeds are received under one or more separate agreements relating to sublicensing of the Patent Rights and irrespective of how such gross proceeds are referred to or characterized by Licensee, or the Sublicensee.
Attributed Income means the total gross proceeds received by Licensee in consideration of the grant of a Sublicense or Further Sublicense, excluding the consideration described in Paragraph 1.3.1, and less the expenses described in Paragraph 1.3.2.
Attributed Income means the total gross proceeds, excluding Sublicensee Royalties, but including, without limitation, any license fees, maintenance fees, or milestone payments (other than milestone payments paid for the achievement of the milestones in Article 9 hereof), whether consisting of cash or any other forms of consideration and whether any rights other than Patent Rights are granted, which gross proceeds are received by or payable to the Licensee or an Affiliate of the Licensee from any Sublicensee in consideration of the grant of a sublicense under the Patent Rights; provided, however, that if rights other than Patent Rights are granted by Licensee or an Affiliate to a Sublicensee, then Attributed Income shall not include proceeds received by Licensee or an Affiliate that are reasonably attributed to such other rights. Notwithstanding the foregoing, Attributed Income shall not include proceeds attributed in such sublicense to bona fide (i) debt financing; (ii) equity (and conditional equity, such as warrants, convertible debt and the like) investments in the Licensee at market value; (iii) reimbursements of Patent Prosecution Costs actually incurred by the Licensee; (iv) payments or reimbursements specifically committed to research and/or development services to be provided on a going forward basis by Licensee for the applicable Sublicensee under such sublicense at or below commercially reasonable and standard rates and (v) payments from a Sublicensee that represent the Licensee’s share in net profits derived from the Sale of Licensed Products by or on behalf of the Licensee or a Sublicensee (including through a Joint Venture), provided that such net profits already take into account payments that are due to The Regents hereunder. For the avoidance of doubt, any gross proceeds meeting the definition set forth above in this Article 1.2 shall be “Attributed Income” irrespective of whether such gross proceeds are received under one or more separate agreements and irrespective of how such gross proceeds are referred to or characterized by the Licensee or the Sublicensee.
Attributed Income means the total gross proceeds (exclusive of Earned Royalties of Sublicensees but including, without limitation, any license fees, maintenance fees, or milestone payments), whether consisting of cash or any other forms of consideration and whether any rights other than Patent Rights are granted, which gross proceeds are received by or payable to the Licensee, any Affiliate and/or Joint Venture from any Sublicensee in consideration of the grant of a sublicense under this Agreement. Notwithstanding the foregoing, Attributed Income shall not include proceeds attributed in such sublicense or such agreement, arrangement or other relationship to bona fide (i) debt financing; (ii) equity (and conditional equity, such as warrants, convertible debt and the like) investments in the Licensee at market value; (iii) reimbursements of Patent Prosecution Costs actually incurred by the Licensee; and (iv) reimbursement for the actual cost of documented research and/or development services undertaken by the Licensee prior to the effective date of the sublicense for the applicable field of use of such sublicense and reimbursement for the actual cost of research and/or development services provided after the effective date of the sublicense by Licensee for the applicable Sublicensee under such sublicense on the basis of full-time equivalent (“FTE”) efforts of personnel at or below commercially reasonable and standard FTE rates. For the avoidance of doubt, any gross proceeds meeting the definition set forth above in this Article 1.2 shall be “Attributed Income” irrespective of whether such gross proceeds are received under one or more separate agreements and irrespective of how such gross proceeds are referred to or characterized by the Licensee or the Sublicensee. Also for avoidance of doubt, once a research and development expense is deducted from Attributed Income for any sublicense it can not be deducted again for that sublicense or any other sublicense.
Attributed Income means income not actually earned by a parent but which may be attributed to the parent because he or she is unemployed, is not working full time or is working below full earning capacity or has nonperforming or underperforming assets. Income may be attributed to a parent if the court evaluates the parent’s earning capacity in the local economy (giving consideration to relevant evidence that pertains to the parent’s work history, qualifications, education and physical or mental condition) and determines that the parent is unemployed, is not working full time or is working below full earning capacity. Income may also be attributed to a parent if the court finds that the obligor has nonperforming or underperforming assets.
Attributed Income means income attributed under
Attributed Income means the total gross proceeds (exclusive of earned royalties of Sublicensees, but including, without limitation, any license fees, maintenance fees, or milestone payments (any milestone payment being subject to Paragraph 8.2 below)), whether consisting of cash or the fair market value of any other form of consideration and whether any rights other than Patent Rights are granted, received by or payable to the Licensee, any Affiliate and/or Joint Venture from any Sublicensee in consideration of the grant of a sublicense and from any Development Partner in consideration of any agreement, arrangement or other relationship described in Paragraph 1.6. Notwithstanding the foregoing, Attributed Income shall not include proceeds reasonably and fairly attributed in such sublicense or such agreement, arrangement or other relationship to bona fide (i) debt financing; (ii) equity (and conditional equity, such as warrants, convertible debt and the like) investments in the Licensee or any Affiliate and/or Joint Venture at not more than one hundred twenty five percent (125%) of “market value”; (iii) reimbursements of Patent Prosecution Costs; and (iv) reimbursement for the cost of research