Residual Payments Sample Clauses

Residual Payments. Lender shall be entitled to receive 100% of the Residuals attributable to any Facility Contract until Lender shall have recovered the balloon payment/Estimated Residual amount set forth in the applicable Amortization Schedule (which Lender shall have full recourse to Borrower).

Residual Payments. In the event that both Novartis and Genentech terminate this Agreement as set forth in Section 18.3(c) and Tanox chooses to continue Development and Commercialization of Anti-IgE Products, Tanox shall pay to Novartis and Genentech, ***** in the aggregate: (i) For the period, if any, beginning as of the effective date of termination and ending on the date that is *****: (A) ***** of Worldwide net sales (calculated in a manner consistent with that set forth in the Financial Appendix) of Anti-IgE Antibodies and Anti-IgE Products sold by Tanox, an Affiliate or sublicensee; plus (B) ***** of Worldwide net profits (calculated in a manner consistent with the calculation of Net Profits (U.S.) minus Sales Costs (U.S.) set forth in the Financial Appendix) of Tanox and/or applicable Affiliates and sublicensees from Anti-IgE Products (where costs incurred by Tanox which are directly related to the transfer to Tanox of the continued Development and Commercialization of Anti-IgE Products shall be deducted in the calculation of such net profits); and (ii) For the period beginning on the date that is ***** and continuing thereafter: (A) ***** of net sales in any country (calculated in a manner consistent with that set forth in the Financial Appendix) of Anti-IgE Antibodies and Anti-IgE Products sold by Tanox, an Affiliate or sublicensee, the manufacture, use or sale of which would infringe a Valid Claim of an Anti-IgE Patent in such country Controlled by either or both of Genentech or Novartis and licensed to Tanox under Section 18.3(c) and Part 1 of Schedule D (it being understood that no such ***** royalty shall be due in the absence of any such Valid Claim); plus (B) ***** of Worldwide net profits (calculated in a manner consistent with the calculation of Net Profits (U.S.) minus Sales Costs (U.S.) set forth in the Financial Appendix) of Tanox and/or applicable Affiliates and sublicensees from Anti-IgE Products (where costs incurred by Tanox which are directly related to the transfer to Tanox of the continued Development and Commercialization of Anti-IgE Products shall be deducted in the calculation of such net profits). ***** -76-

Residual Payments. Upon expiration or termination of this Agreement, with the exception of termination by Company pursuant to Section 14.3 of this Agreement, Company shall continue to pay Vendor on a monthly basis, in arrears, for a period of [CONFIDENTIAL TREATMENT REQUESTED] after such expiration or termination, residual payments as follows: the residual payments shall equal [CONFIDENTIAL TREATMENT REQUESTED]; provided, however, such residual payment percentage may be reduced as follows: In the event Company increases the number of Representatives hired by Vendor under this Agreement (as set forth in Section 2.1 of this Agreement), the residual payment shall be reduced by [CONFIDENTIAL TREATMENT REQUESTED]. Further, if this Agreement is extended beyond the initial five (5) year term in accordance with Section 14.1 of this Agreement, the residual payment shall be reduced by [CONFIDENTIAL TREATMENT REQUESTED]. For purposes hereof, the number of Representatives and the related residual fee shall be determined as of the first day of each calendar month. This Section shall not limit any damages to which either Vendor may be entitled as a result of Company's breach. During the term of this Agreement and thereafter as long as residual payments are due to Vendor pursuant to this Section 14.13, Company shall provide to Vendor monthly sales reports in a mutually agreed upon format. Such sales reports shall be provided to Vendor electronically within ten (10) days of the end of each month. During the term of this Agreement and for a period of one (1) year after the final residual payment owed to Company is made by Vendor, Company shall permit Vendor's designated employees or agents to have access during ordinary business hours to records of all Product sales information in order to verify the accuracy of amounts paid to Vendor by Company.

Residual Payments. If this Agreement shall expire at the end of the Initial Term and AHPC shall not have elected (or shall not have the right to elect) to extend the Initial Term for the Extended Promotion Term, then for the twenty-four (24) month period after the date of such expiration: (i) KING shall make residual payments (the "RESIDUAL PAYMENTS") to AHPC equal to twenty-five percent (25%) of Net Sales during such period, and (ii) shall conduct its business involving the marketing and sale of the Product only in the ordinary course and shall not effect the time of any sales of the Product in order to affect the amount of Net Sales for such period. Within forty-five (45) days after the end of each calendar quarter (or part thereof) during such period, KING shall pay to AHPC (by wire transfer of immediately available funds to an account designated by AHPC to KING in writing) an amount equal to the Residual Payments accrued but unpaid through the end of such calendar quarter.

Residual Payments. The Parties acknowledge and agree that in the Territory, through the Abbott Promotion Efforts, Abbott has enhanced the value of and goodwill associated with the Product, Trademarks and other property of Sepracor. Therefore, upon execution of this Third Amendment, Sepracor agrees to pay Abbott as follows: 13.5.1 Thirty Million and 00/100 U.S. Dollars or $30,000,000.00 on or before December 31, 2005. The Parties agree that one-half of this payment or $15 million, shall not be subject to any contingencies whatsoever. The Parties agree that with respect to the other half of this payment or $15 million, $3.75 million shall be earned and shall accrue each quarter of calendar year 2005 in which Sepracor achieves Pediatric Sales for the Product of at least $[**]; and 13.5.2 Three Million and 00/100 US Dollars or $3,000,000.00 on or before December 31, 2006. The Parties agree that one-half of this payment or $1.5 million, shall not be subject to any contingencies whatsoever. The Parties agree that with respect to the other half of this payment or $1.5 million, $375,000 shall be earned and shall accrue in each quarter of calendar year 2006 in which Sepracor achieves Pediatric Sales for the Product of at least $[**]. 13.5.3 The contingencies established in Section 13.5.1 and 13.5.2 above shall not apply and Sepracor shall be responsible for payment in full of the contingent payments described above if the failure to satisfy the contingencies results from any action or failure to act on the part within the control of Sepracor. 7. This Third Amendment may be executed in counterparts, each of which shall be deemed to be an original and all of which, when taken together, shall constitute the Third Amendment. 8. Except as expressly amended by this Third Amendment, the Agreement shall be and remain in full force and effect in accordance with its terms.

Residual Payments. ▇▇▇▇ ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇ Van Ert will receive: a three percent NSR (3%) of the “Net Returns” for all minerals actually produced and sold from the Property. "

Residual Payments. In the event of any termination of this Agreement [***********************************************], and in consideration of Abbott efforts in developing Product sales and goodwill during the Term, Digene shall pay for [******] following the termination of this Agreement, a residual to Abbott pursuant to [**************].

Residual Payments. During the Term, ProPay agrees to pay Client Residual Payments calculated in accordance with schedule A-1 for Direct Sub-merchants and schedule A-2 for Indirect Sub-merchants. Client will not be eligible for Residual Payments relating to the same merchant on more than one schedule and in the event of a dispute, ProPay will reasonably determine the proper classification of a merchant for purposes of this section. It is expressly understood that Client will not be entitled to any Residual Payments with respect to merchants of referral partners or ProFacs referred to ProPay by a Referred Partner. For the avoidance of doubt, if Client has been referred by a referring party, such referring party is named on schedule A-1 to this agreement. If it is discovered that Client was referred by another entity and such is not indicated on schedule A-1, ProPay reserves the right to amend schedule A-1.

Residual Payments. All the terms of the applicable ACTRA agreement and clauses shall apply to any engagement day or portion thereof not covered by these Clauses.