Capped Royalty Amount definition
Capped Royalty Amount means $20,625,000 unless the Earn Out Milestone is achieved, then such Capped Royalty Amount means $26,250,000, it being understood and agreed that if any Royalties are required to be refunded, returned or otherwise paid by the Purchaser to Seller or to Licensee, such Royalties shall be disregarded for purposes of determining whether the Capped Royalty Amount has been reached; provided, however, that the Capped Royalty Amount shall be increased by 1.5 times the aggregate amount of any costs and expenses (including attorneys’ fees and expenses) incurred by the Purchaser in connection with (i) any defense or enforcement of the Opiant Technology under Section 5.5(e), or (ii) the participation or control of the Purchaser (with counsel appointed by it) under Section 5.6(d) of any meeting, discussion, action, suit or other proceeding relating to any breach, default or termination event or alleged breach, default or termination event by Licensee under the License Agreement, including any counterclaim, settlement discussions or meetings.
Capped Royalty Amount means $20,625,000 unless the Earn Out Milestone is achieved, then such Capped Royalty Amount means $26,250,000,
Examples of Capped Royalty Amount in a sentence
The power of attorney granted hereby is coupled with an interest, and may not be revoked or canceled by Seller without Purchaser’s written consent; provided, however that the term of the foregoing power of attorney shall be effective from the Closing Date and shall terminate upon Purchaser’s receipt of the Capped Royalty Amount.