Sublicensing Revenue definition
Sublicensing Revenue means [***].
Sublicensing Revenue means the fair market cash value of any and all consideration received by Licensee from Sublicensees under or otherwise in connection with its Sublicenses, including without limitation license issue fees, option fees and other licensing fees, milestone payments, equity or other payments of any kind whatsoever (but excluding running royalties paid for Net Sales of Licensed Products by Sublicensees or minimum annual royalties), or any other consideration, irrespective of the form of payment.
Sublicensing Revenue means all fees, royalties and other compensation paid to LICENSEE by any Sublicensee for performing any rights or licenses which are subject to this Agreement. If the compensation is other than cash, then the Sublicensing Revenue shall be the cash equivalent of such other than cash compensation.
Examples of Sublicensing Revenue in a sentence
After such reimbursement, remaining sums from any settlements, damages or other monetary awards shall be deemed as Sublicensing Revenue.
If Alliance is the non-breaching Party under this Section 9.2, then Licensee shall, within thirty (30) calendar days, owe Alliance all payments due, including but not limited to then appropriate Patenting Cost reimbursements, upfront fees, milestone payments, Sublicensing Revenue and continuous royalties due or the pro rata portion of any outstanding minimum annual royalties, whichever is greater.
More Definitions of Sublicensing Revenue
Sublicensing Revenue means consideration directly or indirectly collected or received (including without limitation royalties, initial, or periodic license fees, option payments, standstill payments, development or commercialization fees (subject to subsection (ii) below), milestone payments or any other payments unless excluded in this definition) that Licensee receives or collects from a Sublicensee directly attributable to the grant of a sublicense to the Technology, any Improvements or Products, whether received in cash or other form, including amounts paid in excess of the fair market value of any shares or other securities. For the avoidance of doubt:
(i) Sublicensing Revenue does not include
(A) the fair market value of payments or other consideration received for debt or equity; or
(B) reimbursement of costs or expenses actually incurred by Licensee.
(ii) Sublicensing Revenue will include all research or development fees received by the Licensee in connection with the Technology, any Improvement, or any Products, in excess of the direct reimbursement for the actual costs of such research and development;
(iii) if a sublicense agreement to a Sublicensee includes either:
(A) a sublicense of one or more other biomarkers licensed to the Licensee under a royalty-bearing license with one or more arm’s length third parties (other than from one of the Licensee’s own Sublicensees); and/or
(B) one or more biomarkers developed independently by the Licensee; and only to the extent such biomarker(s), whether licensed from a third party or developed independently by the Licensee, increase the overall performance of a sublicensed Product, (a “Multi-marker Sublicense”), then the Sublicensing Revenue received by the Licensee under the Multi-Marker Sublicense shall be determined by multiplying the total Sublicensing Revenue received under the Multi-marker Sublicense by the fraction A / (A + B), in which “A” is the number of biomarkers licensed to the Licensee under this Agreement, and “B” is the number of biomarkers licensed by the Licensee from one or more arm’s length third parties (other than from one of its sublicensees) or those biomarkers developed independently by the Licensee (but only to the extent such biomarkers increase the overall performance of the Product), provided that the fraction shall never be less than [***].
Sublicensing Revenue means any cash consideration, or the cash equivalent value of non-cash consideration, regardless of whether in the form of upfront payments, milestones, or royalties, actually received by Synthetic or its Affiliate from a Third Party in consideration for a grant of a sublicense under the Intrexon IP or any rights to develop or commercialize Synthetic Products, but excluding: (a) any amounts paid as bona fide reimbursement for research and development costs to the extent incurred following such grant; (b) bona fide loans or any payments in consideration for a grant of equity of Synthetic to the extent that such consideration is equal to or less than fair market value (i.e. any amounts in excess of fair market value shall be Sublicensing Revenue); and (d) amounts received from sublicensees in respect of any Synthetic Product sales that are included in Net Sales.
Sublicensing Revenue. Sublicensing Revenue means any cash payment (including upfront fees, milestone payments and royalties) or the fair market value of any other consideration received [*] in consideration for or otherwise based upon a Transaction. Notwithstanding the foregoing, Sublicensing Revenues shall exclude all amounts received as bona fide consideration: (a) with respect to any [*]; (b) as loans [*], and solely for so long as [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. such obligation of repayment exists; (c) in consideration of any issuance of equity or debt securities [*], 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 Sublicensing Revenue); (d) as reimbursement of costs and expenses incurred [*] (except to the extent such amounts exceed market rates, in which case such excess shall be deemed Sublicensing Revenue); (e) for the supply of Products or other materials (except to the extent that such payments exceed the cost of supplying such Products plus a customary margin, in which case such excess shall be deemed Sublicensing Revenue); or (f) in consideration for [*]; and shall be net of all withholding taxes or other amounts withheld or deducted from the amounts received [*], provided that if [*] withholding taxes or other such amounts withheld or deducted from the amounts received [*], the amount of any such benefit shall be included in Sublicensing Revenue.
Sublicensing Revenue means all cash, sublicensing fees, royalties and all other payments and the cash equivalent thereof paid to LICENSEE by sublicensees of LICENSEE of its rights hereunder.
Sublicensing Revenue means any consideration actually received by Licensee or an Affiliate from a third party as consideration for the grant of rights to Patent Rights or Copyrights (net of any tax or similar withholding obligations imposed by any tax or other government authority(ies) that are not reasonably recoverable by Licensee). Sublicensing Revenue includes, but is not limited to, upfront fees, license maintenance fees, and milestone payments, or other payments, including the fair market value of any non-cash consideration, received by Licensee in consideration for any rights granted to Patent Rights or Copyrights under a sublicense agreement, and excludes (i) Sublicensing Royalty Revenue, (ii) purchases of equity or debt of Licensee or any Affiliate, (iii) fair market value payments made in connection with research and development agreements, joint ventures, partnerships or collaboration agreements where Licensee or an Affiliate is obligated to perform research, development or commercialization of any Licensed Product(s), (iv) the grant to Licensee of intellectual property rights related to the technology described in the Patent Rights or Copyrights, and (v) other payments made by a Sublicensee as consideration for Licensee’s or an Affiliate’s performance of services or provision of goods, provided such services or goods are not Licensed Products or, if such services or goods are Licensed Products, (a) the provision of such services or goods results in Net Sales pursuant to which a royalty is payable under Section 3.4 or (b) the provision of such services or goods constitutes one or more of the following: (1) the distribution of reasonable quantities of promotional samples of Licensed Products or (2) the provision of Licensed Products for clinical trials, research purposes, or charitable or compassionate use purposes.
Sublicensing Revenue means any cash consideration (including upfront payments, milestone payments, and royalties), and the cash equivalent of all other consideration, actually received by ZIOPHARM or its Affiliate from a Third Party in consideration for a grant of a sublicense under the Intrexon IP or any rights to develop or commercialize ZIOPHARM Products, but excluding: (a) any amounts paid as bona fide reimbursement for research and development costs to the extent incurred following such grant; (b) bona fide loans or any payments in consideration for a grant of equity of ZIOPHARM to the extent that such consideration is equal to or less than fair market value (i.e. any amounts in excess of fair market value shall be Sublicensing Revenue); or (c) amounts received from sublicensees in respect of any ZIOPHARM Product sales that are included in Net Sales.
Sublicensing Revenue means all consideration received by MorphoSys or any of its Affiliates from Sublicensees in connection with […***…], excluding only: […***…] […***…].