Other Product Revenue definition

Other Product Revenue means, for any Revenue Interest Period, all payments and other consideration received by the Company and its Affiliates from any Licensee pursuant to a Specified License Agreement with respect to the Development and/or Commercialization of the Product, including any license fees, commercial or sales-based milestone payments based on achievement of certain Product net sales thresholds (but excluding for clarity, (i) milestone payments for the achievement of clinical, regulatory or development milestones and (ii) any milestone payments based exclusively on achievement of first net sales in a certain jurisdiction), royalties (including on sales of the Product by such Licensees) and other payments in connection with a Specified License Agreement, in each case, during such Period, but excluding: (i) any payments made by any such Licensee to the extent classified as the Net Sales of the Company or its Affiliates, (ii) payments for equity or debt securities of the Company and its Affiliates that are at or below the fair market value of such securities on the date of receipt; (iii) bona fide research and development funding received by the Company and its Affiliates from any such Licensee for the Company and its Affiliates’ performance of specified research and development work with respect to the Product (e.g., FTE funding) after the date of the applicable Specified License Agreement, and reimbursement by such Licensee of documented external costs incurred by the Company and its Affiliates after the date of the Specified License Agreement for specified research and development work with respect to the Product contracted by the Company and its Affiliates to Third Party service providers, in each case, specifically for such specified research and development work; and (iv) payments and reimbursements by such Licensees of patent prosecution and maintenance costs actually incurred by the Company and its Affiliates in the prosecution and maintenance of Patents, in each case, determined on a consolidated basis in accordance with GAAP during such Revenue Interest Period. For the avoidance of doubt, Other Product Revenue shall not include any payments or other consideration received by the Company or its Affiliates from any Licensee other than pursuant to a Specified License Agreement with respect to the Development and/or Commercialization of the Product.
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Other Product Revenue shall have the meaning set forth in Exhibit B.
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Other Product Revenue means consideration in any of the following forms that the Seller or its Affiliates actually received from a Licensee (and are not required to repay or refund to the Licensee) in consideration for the grant of rights to Commercialize a Product in the Cami Territory or the ZYNLONTA Territory, as applicable, under an Out-License: upfront or license issuance fees, license maintenance fee, and milestone payments based on and in respect of the Products, such as applicable development or sales-based milestones. Other Product Revenue specifically excludes the following: [**] For clarity, amounts received by the Seller solely in consideration for a Change of Control (and not in respect of any related transaction that constitutes an Out-License) shall not be Other Product Revenue. If an Out-License involves the granting of Commercialization rights with respect to a Product and also grants rights with respect to any product that is not a Product, then “Other Product Revenue” shall be the amounts of the consideration attributable to the grant of rights with respect to the Product, as reasonably determined by the Parties in good faith.
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Examples of Other Product Revenue in a sentence

  • For purposes of this Agreement, "Other Product Revenue" shall mean all revenue received by IPC from sales or other dispositions of products produced on AFAMs pursuant to the license granted in Section 3.3 hereof, without any deductions or offsets, regardless of whether revenue is received on a per piece basis, as a general payment or prepayment for products in bulk, as a payment for services, is incorporated into the price of other products, as a return on investment, or otherwise.

  • Axcelis Income Statement Under Moderate Optima Success Scenario ($ in millions, except per share data) 2009E Implant Product Revenue $180 Other Product Revenue 60 Service Revenue 170 Royalty 0 Total Revenue $410 Operating Income $ 41 SEN Equity Income 15 Net Interest Expense (2) Taxes (3) Net Income $ 51 2009 Est.

  • The parties acknowledge that sales by IPC to Philips constitute Other Product Revenue.


More Definitions of Other Product Revenue

Other Product Revenue means all payments and other consideration (including the fair market value of any non-cash consideration) received by Providence or its Affiliates from Third Parties, including Sublicensees, with respect to the commercialization of a Product, including any license fees, milestone payments, royalties (including on sales of Products by Sublicensees and other Third Parties) and other payments in connection with the grant of a license, sublicense, or option to license or sublicense, or the assignment or transfer, of rights with respect to such Product, but excluding: (i) payments for equity or debt securities of Providence or its Affiliate that are at or below the fair market value of such securities on the date of receipt, as determined in good faith by Providence’s or its Affiliates (as applicable) Board of Directors, if such securities are not then traded on a public securities exchange, or as determined by the closing
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Other Product Revenue means all payments, compensation, consideration, proceeds and other amounts that Sellers or any of their Affiliates actually receive from (and is not required to repay or refund to) a Specified Counterparty or any of such Specified Counterparty’s affiliates or sublicensees (regardless of tier) under or pursuant to a Specified Agreement (or any sublicense under or other agreement ancillary to such Specified Agreement), including: [***]. Notwithstanding the foregoing, Other Product Revenue specifically excludes (i) amounts received by Sellers solely in consideration for a Change of Control (and not in respect of any related transaction that constitutes an Out-License or other Specified Agreement), but only if (A) Buyer has delivered a Put Option Notice in respect of such Change of Control in accordance with Section 2.3(b) and (B) Buyer has actually received the Put/Call Payment Amount in respect of such Change of Control in accordance with Section 2.3(b), (ii) any consideration received by Sellers or any of their Affiliates as payment or reimbursement for research costs incurred by Sellers or any of their Affiliates, including costs associated with materials, equipment or clinical testing and (iii) any amount that constitutes Net Sales under clause (a) of the definition of “Included Product Revenue.” If a Specified Agreement involves the granting of Commercialization rights with respect to a Product and also grants rights with respect to any product that is not a Product, then “Other Product Revenue” shall be the amounts of the consideration attributable to the grant of rights with respect to such Product, as reasonably determined by the Parties in good faith. [***].
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Related to Other Product Revenue

  • Other Product means Product which an End User acquired from sources other than Integrator.

  • Net Sales Revenue shall have the meaning as set out in Schedule "A"

  • Net Sales means [***].

  • Other Products means all products and services, other than an Advance, Credit Product or Derivative Transaction, offered by the Bank to any Obligor from time to time, including correspondent banking services, mortgage purchase programs and affordable housing and community investment products and services.

  • Approved Product means any water fitting, plumbing product, material or component which is the subject of an existing WRAS Approval;

  • Sales Revenue means receipts from the sale, lease, or rental of goods, services, or property;

  • Combination Products means any product containing both a pharmaceutically active agent or ingredient which constitutes a Licensed Product and one or more other pharmaceutically active agents or ingredients which do not constitute Licensed Products.

  • Combination Product means any product that comprises a Licensed Compound or Licensed Product sold in conjunction with another active component so as to be a combination product (whether packaged together or in the same therapeutic formulation).

  • Finished Product means a cannabis product in its final form to be sold at a retail premises.

  • Generic Product means any pharmaceutical product that (i) is sold by a Third Party that is not an Affiliate or licensee of Buyer and (ii) (a) contains the same active pharmaceutical ingredient as the Product or (b) is categorized by the applicable Governmental Entity in a country to be therapeutically equivalent to, or interchangeable with, the Product, such that the pharmaceutical product may be substituted for the Product at the point of dispensing without any intervention by the prescribing physician in such country.

  • Roll-on product means any antiperspirant or deodorant that dispenses active ingredients by rolling a wetted ball or wetted cylinder on the affected area.

  • Finished Products means the fully assembled and shrink-wrapped Licensed Products, each including a Game Cartridge, Game Cartridge label and Printed Materials.

  • Net Revenue means an entity’s total revenue less its operating expenses, interest paid, depreciation, and taxes. “Net Revenue” is synonymous with “Profit.”

  • Product Backlog means a list of those Stories that do not form part of the current Sprint Plan at that time and which are to form the subject of a future Sprint, either in the current Release at that time or a subsequent Release;

  • Product Group or “the Group” means a group of lotteries that has joined together to offer a product pursuant to the terms of the Multi-State Lottery Agreement and the Product Group’s own rules.

  • Bundled Product means Product sold together with any other product(s) or service(s) at a single unit price, whether packaged together or separately, and which other product(s) or service(s) have material independent value from Product itself.

  • Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

  • Final Product means a product that is not used in producing other products and is built and intended for use outdoors, provided the final product has not deteriorated or has otherwise become a potential source of contaminants.

  • Licensed Product means a product, method or service in the Licensed Field of Use, the making, having made, using, importing or selling of which, absent this license, infringes, induces infringement, or contributes to infringement of a Licensed Patent.

  • Tobacco product means any substance containing tobacco leaf, including but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, blunts, clove cigarettes, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body by inhalation; but does not include any cessation product specifically approved by the U.S. Food and Drug Administration for use in treating nicotine or tobacco dependence.

  • Milk product or "dairy product" means cottage cheese, dry curd cottage cheese, reduced fat cottage cheese, lowfat cottage cheese, cream, light cream, light whipping cream, heavy cream, heavy whipping cream, whipped cream, whipped light cream, sour cream, acidified sour cream, cultured sour cream, half-and-half, sour half-and-half, acidified sour half-and-half, cultured sour half-and-half, reconstituted or recombined milk and milk products, concentrated milk, concentrated milk products, skim milk, lowfat milk, frozen milk concentrate, flavored milk, eggnog, buttermilk, cultured milk, cultured lowfat milk, cultured skim milk, yogurt, lowfat yogurt, nonfat yogurt, acidified milk, acidified lowfat milk, acidified skim milk, low-sodium milk, low-sodium lowfat milk, low-sodium skim milk, lactose-reduced milk, lactose-reduced lowfat milk, lactose-reduced skim milk, aseptically processed and packaged milk, milk products with added safe and suitable microbial organisms, and any other milk product made by the addition or subtraction of milkfat or addition of safe and suitable optional ingredients for protein, vitamin, or mineral fortification. Unless a product is considered a milk product under this subdivision, milk product does not include dietary products, infant formula, ice cream or other desserts, cheese, or butter. Milk products include the following:

  • Nicotine product means a product that contains nicotine and is not any of the following:

  • SKU means stock-keeping unit.

  • Refined Products means gasoline, diesel fuel, jet fuel, asphalt and asphalt products, and other refined products of crude oil.

  • Product means any deliverable under the Contract, which may include commodities, services, technology or software.

  • Cannabis product means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.