Examples of Second Royalty Period in a sentence
The term of this Agreement shall commence as of the date on which Anthra shall receive the payment set forth in Article III hereof, and shall expire at the end of the Second Royalty Period.
In addition, GENAISSANCE shall pay MERCK KGAA, on a country by country basis, royalties based on the total NET SALES of the PRODUCT (i.e. sublicensee alone or sublicensee plus GENAISSANCE NET SALES in case of co-commercialization) equal to the greater of (i) [***]% of NET SALES for the First Royalty Period and [***]% for the Second Royalty Period, or (ii) a share, as calculated in Section 7.8(e), of the royalties that GENAISSANCE receives from such sublicensee.
If, however, cumulative royalties are less than $6,079,176 by December 31, 2013, then the Second Royalty Period will continue until the earlier of December 31, 2017 or until a cumulative royalty ceiling of $6,079,176 is reached.
In addition, GENAISSANCE shall pay MERCK KGAA, on a country by country basis, royalties based on the total NET SALES of the PRODUCT (i.e. sublicensee alone or sublicensee plus GENAISSANCE NET SALES in case of co-commercialization) equal to the greater of (i) [**]% of NET SALES for the First Royalty Period and [**]% for the Second Royalty Period, or (ii) a share, as calculated in Section 7.8(e), of the royalties that GENAISSANCE receives from such sublicensee.
Notwithstanding the foregoing, MERCK KGAA’s share in such country shall not exceed (a) [**] percentage points in the First Royalty Period or [**] percentage points in the Second Royalty Period if the royalties payable to MERCK KGAA are determined under Sections 7.5-7.8 as a percent of NET SALES, or (b) [**]% of the amount otherwise payable to MERCK KGAA in such country if royalties payable to it are determined pursuant to Section 7.8(e).
See Complaint Counsel’s Response at 9 n.9. In actuality, because the Order specifies that the Second Royalty Period – in which the MARR falls to zero – commences three years after the date on which the Order issued, the zero rate will take effect on February 3, 2010, not April 12, 2010, as calculated by Complaint Counsel.
Notwithstanding the foregoing, MERCK KGAA’s share in such country shall not exceed (a) [***] percentage points in the First Royalty Period or [***] percentage points in the Second Royalty Period if the royalties payable to MERCK KGAA are determined under Sections 7.5-7.8 as a percent of NET SALES, or (b) [***]% of the amount otherwise payable to MERCK KGAA in such country if royalties payable to it are determined pursuant to Section 7.8(e).