PAYMENTS IN CONSIDERATION FOR LICENSE Sample Clauses

PAYMENTS IN CONSIDERATION FOR LICENSE. 2.1 Except as amended below, all payments set forth in Article III of the License Agreement shall remain unchanged. 2.2 Section 3.2 of the License Agreement is hereby amended to include the following additional paragraph (d):
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PAYMENTS IN CONSIDERATION FOR LICENSE. 3.1 Except as amended below, all payments set forth in Article III of the License Agreement shall remain unchanged. 3.2 (a) of the License Agreement shall be amended to read as follows: (a) there is an enforceable BENTLEY Patent at the time of sale: All Annual Net Sales in the United States and Canada * All Annual Net Sales outside the United States and Canada *
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PAYMENTS IN CONSIDERATION FOR LICENSE. 15.1 Except as amended below, all payments set forth in Article III of the License Agreement shall remain unchanged. 15.2 Section 3.2 (a) of the License Agreement shall be amended to read as follows: (a) there is an enforceable BENTLEY Patent at the time of sale: The First $**** Million of Annual Net Sales * ***% The Next $**** Million of Annual Net Sales * ***% The Next $**** Million of Annual Net Sales * ***% Net Sales over $**** Million of Annual Net Sales * ***%
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PAYMENTS IN CONSIDERATION FOR LICENSE. 3.1 Except as amended below, all payments set forth in Article III of the License Agreement shall remain unchanged. 3.2 (a) of the License Agreement shall be amended to read as follows: (a) there is an enforceable BENTLEY Patent at the time of sale: All Annual Net Sales in the United States and Canada 13% beginning at Product launch and continuing for thirty-six full Calendar months thereafter; and 12% thereafter All Annual Net Sales outside the United States and Canada 7% plus one half of all “Product Royalties” (as defined below) paid to Auxilium which exceed 10%
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PAYMENTS IN CONSIDERATION FOR LICENSE. 3.1 Except as amended below, all payments set forth in Article III of the License Agreement shall remain unchanged. ** CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND WILL BE FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A CONFIDENTIAL TREATMENT REQUEST. 3.2 (a) of the License Agreement shall be amended to read as follows: (a) there is an enforceable BENTLEY Patent at the time of sale: All Annual Net Sales in the United States and Canada [**]% beginning at Product launch and continuing for thirty-six full Calendar months thereafter; and [**]% thereafter All Annual Net Sales Outside the United States and Canada [**]% plus [**] of all “Product Royalties” (as defined below) paid to Auxilium which exceed [**]%
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PAYMENTS IN CONSIDERATION FOR LICENSE. 3.1 Except as amended below, all payments set forth in Article III of the License Agreement shall remain unchanged. ** CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND WILL BE FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A CONFIDENTIAL TREATMENT REQUEST. 3.2 Section 3.2 (a) of the License Agreement shall be amended to read as follows: (a) there is an enforceable BENTLEY Patent at the time of sale: The First $[**] Million of Annual Net Sales [**]% The Next $[**] Million of Annual Net Sales [**]% The Next $[**] Million of Annual Net Sales [**]% Net Sales over the First $[**] Million of Annual Net Sales [**]%
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PAYMENTS IN CONSIDERATION FOR LICENSE 
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Related to PAYMENTS IN CONSIDERATION FOR LICENSE

  • Cash Payments in Lieu of Fractional Shares No fractional shares of Common Stock or scrip representing fractional shares shall be issued upon conversion of Notes. If more than one Note shall be surrendered for conversion at one time by the same holder, the number of full shares that shall be issuable upon conversion shall be computed on the basis of the aggregate principal amount of the Notes (or specified portions thereof to the extent permitted hereby) so surrendered. If any fractional share of stock would be issuable upon the conversion of any Note or Notes, the Company shall make an adjustment and payment therefor in cash at the current market price thereof to the holder of Notes. The current market price of a share of Common Stock shall be the Closing Price on the last Business Day immediately preceding the day on which the Notes (or specified portions thereof) are deemed to have been converted.

  • Elective Distributions in Cash or Shares Whenever the Company intends to distribute a dividend payable at the election of the holders of Shares in cash or in additional Shares, the Company shall give notice thereof to the Depositary at least 30 days prior to the proposed distribution stating whether or not it wishes such elective distribution to be made available to Holders of ADSs. Upon receipt of notice indicating that the Company wishes such elective distribution to be made available to Holders of ADSs, the Depositary shall consult with the Company to determine, and the Company shall assist the Depositary in its determination, whether it is lawful and reasonably practicable to make such elective distribution available to the Holders of ADSs. The Depositary shall make such elective distribution available to Holders only if (i) the Company shall have timely requested that the elective distribution is available to Holders of ADRs, (ii) the Depositary shall have received satisfactory documentation within the terms of Section 5.7 hereof (including, without limitation, any legal opinions of counsel in any applicable jurisdiction that the Depositary in its reasonable discretion may request, at the expense of the Company) and (iii) the Depositary shall have determined that such distribution is lawful and reasonably practicable. If the above conditions are not satisfied, the Depositary shall, to the extent permitted by law, distribute to the Holders, on the basis of the same determination as is made in the local market in respect of the Shares for which no election is made, either cash upon the terms described in Section 4.1 hereof or additional ADSs representing such additional Shares upon the terms described in Section 4.2 hereof. If the above conditions are satisfied, the Depositary shall establish an ADS Record Date (on the terms described in Section 4.7 hereof) and establish procedures to enable Holders to elect the receipt of the proposed dividend in cash or in additional ADSs. The Company shall assist the Depositary in establishing such procedures to the extent necessary. Subject to Section 5.9 hereof, if a Holder elects to receive the proposed dividend in cash, the dividend shall be distributed upon the terms described in Section 4.1 hereof or in ADSs, the dividend shall be distributed upon the terms described in Section 4.2 hereof. Nothing herein shall obligate the Depositary to make available to Holders a method to receive the elective dividend in Shares (rather than ADSs). There can be no assurance that Holders generally, or any Holder in particular, will be given the opportunity to receive elective distributions on the same terms and conditions as the holders of Shares.

  • OPTION CONSIDERATION As consideration for this Option to Purchase Agreement, the Buyer/ Tenant shall pay the Seller/Landlord a non-refundable fee of Dollars ($ ), receipt of which is hereby acknowledged by the Seller/Landlord. This amount shall be credited to the purchase price at closing if the Buyer/Tenant timely exercises the option to purchase, provided that the Buyer/Tenant: (a) is not in default of the Lease Agreement, and (b) closes the conveyance of the Property. The Seller/Landlord shall not refund the fee if the Buyer/Tenant defaults in the Lease Agreement, fails to close the conveyance, or otherwise does not exercise the option to purchase.

  • Distribution of Rights to Purchase Shares (a) Distribution to ADS Holders Whenever the Company intends to distribute to the holders of the Deposited Securities rights to subscribe for additional Shares, the Company shall give notice thereof to the Depositary at least 60 days prior to the proposed distribution stating whether or not it wishes such rights to be made available to Holders of ADSs. Upon receipt of a notice indicating that the Company wishes such rights to be made available to Holders of ADSs, the Depositary shall consult with the Company to determine, and the Company shall determine, whether it is lawful and reasonably practicable to make such rights available to the Holders. The Depositary shall make such rights available to Holders only if (i) the Company shall have timely requested that such rights be made available to Holders, (ii) the Depositary shall have received satisfactory documentation within the terms of Section 5.7, and (iii) the Depositary shall have determined that such distribution of rights is lawful and reasonably practicable. In the event any of the conditions set forth above are not satisfied, the Depositary shall proceed with the sale of the rights as contemplated in Section 4.4(b) below or, if timing or market conditions may not permit, do nothing thereby allowing such rights to lapse. In the event all conditions set forth above are satisfied, the Depositary shall establish an ADS Record Date (upon the terms described in Section 4.7) and establish procedures (x) to distribute such rights (by means of warrants or otherwise) and (y) to enable the Holders to exercise the rights (upon payment of applicable (a) fees and charges of, and expenses incurred by, the Depositary and (b) taxes and other governmental charges). Nothing herein shall obligate the Depositary to make available to the Holders a method to exercise such rights to subscribe for Shares (rather than ADSs).

  • No Rights as Shareholder Until Exercise; No Settlement in Cash This Warrant does not entitle the Holder to any voting rights, dividends or other rights as a shareholder of the Company prior to the exercise hereof as set forth in Section 2(d)(i), except as expressly set forth in Section 3. Without limiting any rights of a Holder to receive Warrant Shares on a “cashless exercise” pursuant to Section 2(c) or to receive cash payments pursuant to Section 2(d)(i) and Section 2(d)(iv) herein, in no event shall the Company be required to net cash settle an exercise of this Warrant.