Royalty Obligation. As a material inducement and consideration to Broncus to grant the sublicense to Asthmatx pursuant to Section 2, for so long as Broncus has any obligation to pay royalties to Ntero under the Ntero License Agreement, Asthmatx shall pay to Broncus, with respect to any Asthmatx Net Sales in such calendar quarter, the full amount payable by Broncus to Ntero with respect to such Asthmatx Net Sales under the terms of the Ntero License Agreement. As of the Effective Date, the amount payable by Broncus with respect to such Asthmatx Net Sales is:
Royalty Obligation. Subject to Section 4.2, with respect to each Royalty-Bearing Product, Celldex shall pay to Medarex a royalty on annual (based on a calendar year) aggregate worldwide Net Sales of Royalty-Bearing Products on a Royalty-Bearing Product-by-Royalty-Bearing Product basis as follows:
Royalty Obligation. Licensee acknowledges that the termination of this Agreement by either party for any reason shall not absolve Licensee of its payment and other obligations under Section 4.1(b).
Royalty Obligation. (a) As from the Commencement Date, for each Quarter in which any Product is produced and sold, removed or otherwise disposed of, the Payer agrees to pay to the Payees the Royalty calculated in accordance with this deed.
Royalty Obligation. In the event that CK commercializes a CK Product independently of GSK (i.e., in the case where GSK does not exercise the CK Product Option), then in such case CK shall pay to GSK a royalty on sales of such CK Product by CK, its Affiliates and Sublicensees, in an amount to be reasonably established by the Parties, based on the extent to which GSK has [*] under this Agreement, and/or has provided [*] to [*], that [*] the research, development or commercialization of such CK Product. In the event the Parties are not able to agree upon such royalty, then upon request by either Party, such amount shall be determined in accordance with Section 12.3.1 below. It is understood that, in connection with establishing the applicable royalty, the ancillary terms of such royalty, such as the term for which such royalties are due, the definition of CK's net sales, royalty reporting, audit rights, [*] (such as those in Section [*] below) and the like will also be established, which terms will be no less favorable to CK than the corresponding terms of this Agreement. Notwithstanding the foregoing, in no event shall the royalty to be paid to GSK exceed the following amounts, based on the stage of the CK Product at the time the relevant Mitotic Kinesin Target became a CK Target (the "Reversion Stage"), as reflected in the table below: REVERSION STAGE [*] ROYALTY --------------- ----------- [*] [*]% [*] [*]% [*] [*]% [*] [*]% [*] [*]% * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
Royalty Obligation. 7.1.1.1 During the EAP, IMPATIENTS shall, to the extent permitted by Applicable Law, collect information and data, including but not limited to patient-reported outcomes, doctor-reported experiences and registry data, and shall provide support services useful for Marketing Authorization applications in the Territory. As a compensation for the collection of such information and data, and/or the performance of such services, HEMISPHERX will pay to IMPATIENTS a royalty as further provided in this Clause 7.1.
Royalty Obligation. In consideration of the sublicense and license rights granted to Abbott pursuant to Sections 6.1 and 6.2, Abbott shall pay to Rubicon royalties based on Net Sales in countries where a Valid Claim exists. The applicable royalty rate is as follows: (a) Five percent (5%) on the first One Hundred Million Dollars ($ 100,000,000) of cumulative Net Sales; (b) Six percent (6%) on the Second One Hundred Million Dollars ($100,000,000) of cumulative Net Sales; and (c) Seven percent (7%) on all cumulative Net Sales in excess of Two Hundred Million Dollars ($200,000,000). Rubicon shall be responsible for any and all payments due to USC under the USC License. To the extent Abbott or its Affiliates sell Product in a country that is not subject to Valid Claims of Patent Rights, but which sales are subsequently covered by a Valid Claim of a later-issued patent based upon a patent application that was pending in such country at the time sales of Product were initiated, Abbott shall pay royalties to Rubicon for such Products under the terms of this Section 7.1 retroactively to the date of filing of such claim of the later-issued patent. If there are sales of a Third Party product that represent ten percent (10%) or more of the unit market for Competitive Product and such sales would have been infringing upon the later-issued patent it if had been issued at the time of the sale, then Axxxxx'x obligation to pay retroactive royalties shall be one-half (1/2) the amount otherwise payable, but only if such sales continue after the effective date of issue of the later-issued patent and Abbott prosecutes such infringement under Section 12.3 or 12.4, as applicable, within one hundred twenty (120) days after the date of issue of such later-issued patent.
Royalty Obligation. The obligation to pay royalties hereunder will arise upon the sale by Xtent, its Affiliates or its Sublicensees, if any, to third parties, including, without limitation, sales to Occam in its capacity as a distributor of Xtent. Sublicense Royalties due will be deemed to accrue when Royalty Bearing Products are sold to such un-Affiliated third party, regardless of when payment has been received therefor. The obligation to pay royalties to Occam will be imposed only once with respect to the same unit of Royalty Bearing Product.
Royalty Obligation. For each country in which IMPATIENTS has met its contractual obligations in full, IMPATIENTS is entitled to a royalty compensation for its EAP activities that will be calculated in accordance with clause 7.1.2 or 7.1.3, whichever calculation will have the highest outcome and to be calculated in accordance with 7.1.5 and 7.1.6. THE COMPANY HAS REQUESTED AN ORDER FROM THE COMMISSION PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED, GRANTING CONFIDENTIAL TREATMENT TO SELECTED PORTIONS. ACCORDINGLY, THE CONFIDENTIAL PORTIONS HAVE BEEN OMITTED FROM THIS EXHIBIT, AND HAVE BEEN FILED SEPARATELY WITH THE COMMISSION. OMITTED PORTIONS ARE INDICATED IN THIS EXHIBIT WITH “*****”.
Royalty Obligation. Subject to Section 9.5.2, CVT shall pay, as additional consideration for the sales and marketing services provided by Innovex under this Agreement, a royalty to Innovex on Net Sales of the Product in the Territory in the two (2) calendar years following the end of the Term. Such royalty shall be equal to the following specified percentage of Net Sales of the Product in the Territory during each of such years: Calendar Year Royalty Rate FIRST year following the end of the 7% Term SECOND year following the end of the 4% Term No fee shall be paid in respect of Product sales occurring more than twenty-four (24) months after the end of the Term.
