Sublicensee Revenue means any and all revenue or other consideration received by ACCENTIA from a Sublicensee for Licensed Products under this Agreement, including but not limited to, upfront revenue, milestone revenue, royalty income, and the market value at the time of transfer of all non-monetary consideration such as barter or counter-trade in the country of disposition.
Sublicensee Revenue means all consideration received by Editas or its Affiliates from a current or prospective sublicensee in consideration for the grant to or by, or the exercise by, such sublicensee or its Affiliate or licensee of an option, license, or other right to Develop or Commercialize any Product (and, for purposes of clarity, the term Product shall not include any Non-Adverum Product), which may include upfront payments, option fees, license fees, annual maintenance fees, minimum annual payments, and milestone payments, but specifically excludes payments received by Editas or its Affiliates (a) that constitute royalties and other payments based upon the magnitude of sales of Products, (b) as consideration for the issuance to such sublicensee of equity or debt securities of Editas or its Affiliates to the extent above the fair market value, (c) for providing Development or Commercialization services to such sublicensee after the effective date of the agreement between Editas and such sublicensee on normal commercial terms; or (d) as reimbursements or funding for research and development costs and reasonable patent prosecution, maintenance, or defense expenses actually incurred by Editas or its Affiliates.
Sublicensee Revenue means any payments that VIACELL receives from a SUBLICENSEE in consideration of the sublicense of the rights granted to VIACELL under Article 2 including, without limitation, license fees, milestone payments and license maintenance fees, but excluding the following payments: (a) royalties on NET SALES by the SUBLICENSEE for which GENERAL receives its royalties pursuant to Paragraph 5.1, (b) payments made in consideration of the issuance of equity or debt securities of VIACELL at fair market value, and (c) payments specifically committed to the research or development of PRODUCTS actually conducted by or for VIACELL, whether in the form of funding for future costs or reimbursement for costs previously incurred.
Examples of Sublicensee Revenue in a sentence
With respect to any Sublicense entered by Company after the filing of an IND for the first Licensed Product, Company will pay to University [***] of any Sublicense Revenue received with regard to such Sublicense; provided, in such case, the aggregate Sublicensee Revenue payments to University would be a maximum of [***]Sublicense Revenue payments shall be made to University within [***] of receipt of such Sublicense Revenue by Company.G. Overdue Payments.
The upfront cash, upfront equity, milestones and royalties and any Sublicensee Revenue payable by Licensee to MedImmune pursuant to this Agreement (each, a “Payment”) shall be paid by Licensee to MedImmune free and clear of any and all taxes, except for any withholding taxes required by Applicable Law.
With respect to any Sublicense entered by Company after [***] but before the filing of an IND for the first Licensed Product, Company will pay to University [***] of any Sublicense Revenue received with regard to such Sublicense; provided, in such case, the aggregate Sublicensee Revenue payments to University would be a maximum of [***];iii.
Grimm, Software technology in an automotive company - major challenges, in: Proceedings of the 25th International Con- ference on Software Engineering, May 3-10, 2003, Portland, Oregon, USA, 2003, pp.
More Definitions of Sublicensee Revenue
Sublicensee Revenue means the non-royalty payments received by Immune Design or any of its Affiliates in consideration for the grant of a sublicense under the Licensed Patents or Licensed Know-How to a Third Party for any countries in the Territory, including: (a) upfront fees; (b) milestone payments only to the extent not otherwise payable as specified in Section 6.2; and (c) non-cash payments (valued at fair market value) provided that, at Immune Design’ sole discretion, Immune Design may submit payments for such non-cash portion of the Sublicensee Revenue either in cash or in the same form of non-cash compensation received by Immune Design or its Affiliates. For clarity, Sublicensee Revenue shall exclude in any event: (w) any payments among Immune Design and its Affiliates; (x) royalties received from the sale of Licensed Products; (y) amounts received by Immune Design or any of its Affiliates that are attributable to other license or sublicense rights, supplying materials, providing services, reimbursement of expenses (e.g., expenses related to patents) incurred after the execution of the applicable sublicense agreement, reimbursement of payments or payment obligations of Immune Design or its Affiliates to Third Parties incurred or made after the execution of the applicable sublicense agreement, research and development activities performed or to be performed by or on behalf of Immune Design or its Affiliates, provided that if such amounts received exceed the fair market value of the activities performed or to be performed, such excess (and only such excess) shall be included as Sublicensee Revenue to the extent attributable to such sublicense; and (z) amounts received as equity investments in Immune Design or any of its Affiliates at fair market value, provided that any premium so received above such fair market value shall be included as Sublicensee Revenue to the extent attributable to such sublicense. For clarity, Sublicensee Revenue shall only include amounts paid by first tier sublicensee(s) of Immune Design or its Affiliates and shall not include payments received by Immune Design or its Affiliates from other tier sublicensees (i.e., further sublicensees of the first tier sublicensee).
Sublicensee Revenue means aggregation of all payment (such as upfront, milestone, and royalty) from a Third Party sublicensee to Aptose to the extent received as consideration for the grant of a Sublicense of rights to the Hanmi Patent Rights and Hanmi Know-How in China and excluding any and all amounts received (a) as loans to Aptose in an arms’ length, full recourse debt financing to the extent that such loan is not forgiven, (b) in consideration of any issuance of equity or debt securities by Aptose or any of its Affiliates, except to the extent that such payments are in excess of fair market value for such securities (in which case such excess shall be deemed Sublicensee Revenues), (c) as reimbursement of Aptose’s out of pocket patent prosecution costs directly related to the Hanmi Patent Rights, (d) as reimbursement for documented actual costs of research or development activities performed or services provided by Aptose after the Effective Date of this Agreement; or (e) for the supply of Products or other materials at a cost not to exceed the cost of goods thereof plus a reasonable markup; and shall be net of all withholding taxes or other amounts withheld or deducted from the amounts received by Aptose.
Sublicensee Revenue means all revenue, including for example, upfront payments, milestone payments and royalties, received by Licensee from Sublicensees in consideration for the grant of a sublicense under Licensor Technology within Royalty Countries during the Royalty Term, excluding (i) payments for equity or debt securities of Licensee which are unrelated to a sublicense of the Licensed Product; (ii) research or development funding to be applied directly to the research and/or development of Licensed Products, and (iii) amounts paid to Licensee for supplies of Licensed Products or other tangible materials, or that are otherwise paid in reimbursement of costs or expenditures, whether incurred before or after the date of the sublicense agreement. Sublicensee Revenue shall not include amounts received in connection with a merger, consolidation or sale of all or substantially all of the business or assets of Licensee (including the assets of Licensee to which this Agreement relates). To the extent Licensee receives compensation for both a grant of a sublicense of rights to commercialize Licensed Products, and the grant of other rights or licenses or undertaking of other obligations, such compensation will be reasonably apportioned between that amount attributable to the sublicense of Licensor Technology and that amount attributable to the grant of other rights or licenses or undertaking of other obligations, which shall be excluded from Sublicense Revenue; such apportionment to be reasonably agreed by the Parties.
Sublicensee Revenue means any and all consideration received and receivable by Licensee from Sublicensee Developers pursuant to Sublicense Agreements, including but not limited to all revenue, any upfront payments, milestone payments, royalties (except for those payments/royalties that Schedule 1 expressly states are excluded from Sublicensee Revenue), shares, bonds, and any such other payment received by Licensee in respect of any sale, distribution, use or other disposition of Product. Sublicensee Revenue excludes (i) payments for research, development and manufacturing services provided with a commensurate budget; (ii) payments to fund further research and development of the Products; (iii) equity investments into Licensee at fair market value which are not referred to in any Sublicense Agreement; (iv) loans; (v) patent reimbursement, (vi) reimbursement of fees paid to governmental agencies which are incurred after the date of the sublicense and actually paid.
Sublicensee Revenue means any cash consideration [***] due to LICENSEE under each sublicense for the grant of rights under the PATENT RIGHTS in the LICENSED TERRITORY, but excluding: (a) any royalty payments on sales of LICENSED PRODUCTS, LICENSED SERVICES and LICENSED METHODS by a sublicensee (which sales shall be included as NET SALES and shall give rise to royalty payments to REGENTS under section 6.1); (b) any amounts paid by a sublicensee as bona fide reimbursement for research and development costs [***]; (c) bona fide loans or any payments in consideration for a grant of equity of the LICENSEE [***]; (d) amounts paid for supplies of product or other tangible materials; (e) amounts paid as reimbursement for expenses directly related to the pursuit, maintenance, and/or defense of PATENT RIGHTS; and (f) withholding taxes and any other amounts by a sublicensee from amounts otherwise payable to LICENSEE under such sublicense agreement other than past due payments. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Sublicensee Revenue means all amounts received by Roivant and its Affiliates from any Sublicensee in consideration of the grant to such Sublicensee of a Sublicense. Without limiting the generality of the foregoing, Sublicensee Revenue shall include up-front fees, license fees, milestone payments (except as expressly specified below), technology access fees, premiums above the fair market value on sales of debt or equity securities of Roivant or its Affiliate, and annual agreement maintenance fees, and any other payments attributable to the grant to such Sublicensee of a Sublicense; provided, however, that [***]. Notwithstanding the foregoing, Sublicensee Revenue shall exclude: (i) royalties and commercial milestone payments paid or payable by any Sublicensee to Roivant or its Affiliates with respect to a Sublicensee’s sales or other dispositions of Proprietary Drugs or Licensed Products; (ii) bona fide research and development funding (e.g., FTE funding) received from a Sublicensee for Roivant’s or its Affiliate’s employees’ performance of specified research and development work with respect to any Proprietary Drug or Licensed Product after the date of the Sublicense, which may be calculated on a fully-burdened basis, and reimbursement by such Sublicensee of documented external costs incurred by Roivant or its Affiliate after the date of the Sublicense for specialized materials (except for standard materials costs included in Roivant’s or its Affiliate’s fully-burdened FTE rate), specialized equipment and Third Party services, in each case, specifically for such specified research and development work with respect to any Proprietary Drug or Licensed Product; (iii) payments for equity securities of Roivant or its Affiliate [***], as determined in good faith by Roivant’s or its Affiliate’s Board of Directors, if such securities are not then traded on a public securities exchange, or as determined by the closing price of such securities of Roivant or its Affiliate (as applicable) on the date of receipt, if such securities are then traded on a public securities exchange; (iv) payments for debt securities of Roivant or its Affiliate [***] in full (whether in cash or in kind); and (v) payments and reimbursements by any Sublicensee of patent costs actually incurred by Roivant or its Affiliate after the date of the Sublicense.
Sublicensee Revenue means all amounts (including upfront payments, license fees, milestone payments and royalties) received by a Party or any of its Affiliates from any licensee or sublicensee in consideration for the grant by such Party or any of its Affiliates of a license or sublicense of any of the rights granted under this Agreement with respect to a SYNGAP1