Certain Minimum Payments Clause Samples

Certain Minimum Payments. In the event that within three --------------------------------------- (3) years after the date first above written ▇▇▇▇▇▇▇ fails to submit to the FDA a completed NDA for the Licensed Product, ▇▇▇▇▇▇▇ shall be obligated to pay to Hydro Med, as non-refundable advances against the percentage royalties, the sum of $41,666.66 (the AAdvance Amount@) on the first day of each calendar month beginning after the expiration of such three (3) year period (such three (3) year period as the same may be extended pursuant to this Section 4.03 is the ANDA Submission Period@) and continuing until such NDA is submitted to the FDA, after which submission this obligation shall cease. All amounts paid to Hydro Med under this Section 4.03 shall be credited against the amounts due under Section 4.01 above. If the FDA requires two or more phase III clinical studies, or two or more treatment cycles of one or more phase III studies, with respect to the Licensed Product the NDA Submission Period shall be extended from three (3) years to four (4) years and ▇▇▇▇▇▇▇ shall not be obligated to pay any Advance Amount to Hydro Med until the first day of each calendar month beginning after the expiration of such four (4) year period. Any payment to be made by ▇▇▇▇▇▇▇ to Hydro Med pursuant to this Section 4.03 shall be conditioned upon Hydro Med having supplied ▇▇▇▇▇▇▇ with a completed Chemistry, Pharmacy and Controls Section of the NDA which can be submitted to the FDA as part of the aforesaid completed NDA. Notwithstanding any provision to the contrary contained herein, if the FDA requires substantial additional studies to be conducted with respect to the Licensed Product prior to authorizing the commencement of a phase III clinical study for the Licensed Product, the NDA Submission Period shall not be deemed to commence for the purposes of this Section 4.03 until the date on which the FDA authorizes the commencement of such phase III clinical study.
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Certain Minimum Payments. Without limiting its royalty obligations as set forth in Section 5.9.2, BMS shall pay Otsuka minimum payments (including payments for royalties and Compound) in respect of Net Sales in the Rest of Territory during each Year of the Royalty Term as follows: (a) First Year: [*]; (b) Second Year: [*]; (c) Third Year: [*]; (d) Fourth Year: [*]; and (e) Fifth Year: [*]. * CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
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Related to Certain Minimum Payments

  • Minimum Payments (a) Where the employee is under 45 years of age, the employer shall pay the employee Less than 1 year Nil 1 year and less than 2 years 4 weeks pay 2 years and less than 3 years 7 weeks pay 3 years and less than 4 years 10 weeks pay 4 years and less than 5 years 12 weeks pay 5 years and less than 6 years 14 weeks pay 6 years and over 16 weeks pay. (b) Where the employee is 45 years of age or over, the employer shall pay the employee in accordance with the following scale: Less than 1 year Nil 1 year and less than 2 years 5 weeks pay 2 years and less than 3 years 8.75 weeks pay 3 years and less than 4 years 12.5 weeks pay 4 years and less than 5 years 15 weeks pay 5 years and less than 6 years 17.5 weeks pay 6 years and over 20 weeks pay

  • Minimum Payment Overtime worked on a Saturday or Sunday will be paid for at the rate of double Ordinary Rates. Employees required to work on a Saturday or Sunday will be afforded a minimum 4 hours work, or be paid as if for 4 hours at the aforementioned overtime rates.

  • Maximum Payments Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.

  • Maximum Payment The maximum period or aggregate of periods of accident make-up pay to be made by an Employer will be a total of 39 weeks for any one injury.

  • Severability; Maximum Payment Amounts If any provision of this Agreement is prohibited by law or otherwise determined to be invalid or unenforceable by a court of competent jurisdiction, the provision that would otherwise be prohibited, invalid or unenforceable shall be deemed amended to apply to the broadest extent that it would be valid and enforceable, and the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions of this Agreement so long as this Agreement as so modified continues to express, without material change, the original intentions of the parties as to the subject matter hereof and the prohibited nature, invalidity or unenforceability of the provision(s) in question does not substantially impair the respective expectations or reciprocal obligations of the parties or the practical realization of the benefits that would otherwise be conferred upon the parties. The parties will endeavor in good faith negotiations to replace the prohibited, invalid or unenforceable provision(s) with a valid provision(s), the effect of which comes as close as possible to that of the prohibited, invalid or unenforceable provision(s). Notwithstanding anything to the contrary contained in this Agreement or any other Transaction Document (and without implication that the following is required or applicable), it is the intention of the parties that in no event shall amounts and value paid by the Company and/or any of its Subsidiaries (as the case may be), or payable to or received by any of the Buyers, under the Transaction Documents (including without limitation, any amounts that would be characterized as “interest” under applicable law) exceed amounts permitted under any applicable law. Accordingly, if any obligation to pay, payment made to any Buyer, or collection by any Buyer pursuant the Transaction Documents is finally judicially determined to be contrary to any such applicable law, such obligation to pay, payment or collection shall be deemed to have been made by mutual mistake of such Buyer, the Company and its Subsidiaries and such amount shall be deemed to have been adjusted with retroactive effect to the maximum amount or rate of interest, as the case may be, as would not be so prohibited by the applicable law. Such adjustment shall be effected, to the extent necessary, by reducing or refunding, at the option of such Buyer, the amount of interest or any other amounts which would constitute unlawful amounts required to be paid or actually paid to such Buyer under the Transaction Documents. For greater certainty, to the extent that any interest, charges, fees, expenses or other amounts required to be paid to or received by such Buyer under any of the Transaction Documents or related thereto are held to be within the meaning of “interest” or another applicable term to otherwise be violative of applicable law, such amounts shall be pro-rated over the period of time to which they relate.