Royalty Report: Food, Beverages – Collection: 250613

For the License Grant to Licensee under Purchased IP, subject to the terms and conditions of this Agreement, Licensor, of the Netherlands, grants an exclusive, worldwide right and license or sublicense, with the right to sublicense, under and with respect to the Purchased IP to make, have made, use, develop, market, distribute, offer for sale, sell and import Purchased Enzymes in the Licensees Field, and a non-exclusive, worldwide, perpetual and irrevocable right and license or sublicense, with the right to sublicense, under and with respect to the Purchased IP to make, have made, use, develop, market, distribute, offer for sale, sell and import Purchased Products in the BP Field.

Purchased IP shall mean any and all Intellectual Property included in the Purchased Assets, and any and all in-licensed Intellectual Property under any contract or agreement included in the Purchased Assets to the extent a sublicense may be granted thereunder, in each case together with any and all intellectual Property arising from prosecution or maintenance of such intellectual Property.

Licensed Product means Veretase or any Xylanase Product.

Veretase means the proprietary and patented form of alpha-amylase enzyme marketed under the trade name Veretase® alpha-amylase, having the amino acid sequence SEQ ID N02 of U.S. Patent Number 7,666,633, which is approved for use in the hydrolysis of edible starch to produce starch hydrolysis products, including glucose syrup, high fructose corn syrup (HFCS) and crystalline glucose (dextrose), and distilled ethanol for food and beverage use, and any codon-optimized variant of such enzyme that preserves the same protein sequence as such enzyme.

Xylanase Products means the proprietary and patented form of xylanase enzyme, having the amino acid sequence SEQ ID NO382 of U.S. Patent Number 8,043,839, and any codon-optimized variant of such enzyme that preserves the same protein sequence as such enzyme, and the proprietary and patented form of xylanase enzyme, having the amino acid sequence SEQ ro NO482 of U.S. Patent Number 8,043,839, and any codon-optimized variant of such enzyme that preserves the same protein sequence as such enzyme.

BP Field means the researching, development, manufacture and commercialization, including without limitation to make or have made, use or have used, practice or have practiced, improve or have improved, import or have imported, export or have exported, market or have marketed, distribute or have distributed, license, sell, offer for sale or have sold of lignocellulosic ethanol and other lignocellulosic biofuels and lignocellulosic, lignocellulosic butanol and lignocellulosic diesel biofuels, including without limitation conversion of cell wall sugars and/or cell wall sugar compounds into biofuels or bioproducts, and for the avoidance of doubt excludes starch to ethanol, starch to other biofuels and starch to bioproducts.

For the License Grant to Licensee under Veretase Background IP and Licensed IP, subject to the terms and conditions of this License Agreement and subject to the Supply and Purchase Agreement between Licensor and Licensee, with respect to supply of Veretase, Licensor grants to Licensee and its Affiliates (a) an exclusive, worldwide right and license, with the right to sublicense, under and with respect to the Veretase Licensed IP to make, have made, use, develop, market, distribute, offer for sale, sell and import Veretase in the Veretase Field – Exclusive, (b) a non-exclusive, worldwide right and license, with the right to sublicense, under and with respect to the Veretase Background JP to make, have made, use, develop, market, distribute, offer for sale, sell and import Veretase in the Veretase Field – Exclusive, and
(c) a non-exclusive, worldwide right and license, with the right to sublicense, under and with respect to the Veretase Background IP and the Veretase Licensed IP to make, have made, use, develop, market, distribute, offer for sale, sell and import Veretase in the Veretase Field – Non-Exclusive.

For the License Grant to Licensee under Xylanase Products Background IP and Xylanase Products Licensed IP,  subject to the terms and conditions of this Agreement, Licensor grants, to Licensee and its Affiliates an exclusive, worldwide right and license, with the right to sublicense, under and with respect to the Xylanase Products Background IP and the Xylanase Products Licensed IP to make, have made, use, develop, market, distribute, offer for sale, sell and import Xylanase Products in the Xylanase Products Field.

For the Label License, all Veretase sales by Licensee and its Affiliates, licensees and sublicensees will be subject to an appropriate label license that limits use of Veretase to the Veretase Field – Exclusive and Veretase Field – Non-Exclusive, which label license shall be in substantially the form provided by Licensor to Licensee.

Veretase means the proprietary and patented form of alpha-amylase enzyme marketed under the trade name Veretase® alpha-amylase, having the amino acid sequence SEQ ID N02 of U.S. Patent Number 7,666,633, which is approved for use in the hydrolysis of edible starch to produce starch hydrolysis products, including glucose syrup, high fructose corn syrup (HFCS) and crystalline glucose (dextrose), and distilled ethanol for food and beverage use, and any codon-optimized variant of such enzyme that preserves the same protein sequence as such enzyme.

Xylanase Products means the proprietary and patented form of xylanase enzyme, having the amino acid sequence SEQ ID NO382 of U.S. Patent Number 8,043,839, and any codon-optimized variant of such enzyme that preserves the same protein sequence as such enzyme, and the proprietary and patented form of xylanase enzyme, having the amino acid sequence SEQ ro NO482 of U.S. Patent Number 8,043,839, and any codon-optimized variant of such enzyme that preserves the same protein sequence as such enzyme.

The Veretase Field- Non-Exclusive means any use of Veretase, excluding all uses in the Food & Beverage Field, the Grain Ethanol Field, the Animal Feed Field, the Oil & Gas Field and the BP Field.

The Xylanase Products Field means any use of a Xylanase Product in the Oil Seed Processing Field and the Food & Beverage Field, excluding all uses in the Animal Feed Field and the Syngenta Field.

The 3SF Technology embodies the Licensor's DuroZyme Process, a unique process with the following key features – Selective, aerobic, high temperature (50-90C) microbial culturing process applicable to any scale – Odour free – Continuous process wherein culture media overflows from the last fermentation vessel, connected in series, as raw material is added to the first – Rapid throughput of as little as 18 hours – Selectively carried out as, but not limited to, a 3-stage process any number of fermentation vessels can be connected in series – Input raw organic materials derive from specific sources to ensue a pure food supply for the microorganisms being cultured – Input of specific raw organic materials leads to selection of specific high temperature microorganisms – from the mixed number that are in or on the raw materials themselves – that favour the specific inputted organic materials as food sources – In utilizing the specific input raw organic materials as food, specific enzymes are produced – Enzyme products are stable to prevailing culturing conditions, and especially to high temperatures (50-90C) – Specific enzymes produced are recovered from the fermented end product first by separation of solids from liquid, then recovery of enzymes from the liquid fraction.

The bulk solids recovered from the fermented organic material, rich in macro- and micronutrients, specific enzymes and microorganisms, are produced for a range of applications including as growth enhancement agents, feed and fertilizer products, in liquid or dried form. – Specific enzymes produced and recoverable include but are not limited to those that breakdown protein, starch, pectin, cellulose, fiber, fats and lipids; the full range of different known enzyme types can be produced – 100% Natural process and products – no chemical additives used.  The 3SF Technology and DuroZyme Process are delivered by way of compact, environmentally friendly plants.  These plants contain the range of systems needed to facilitate culture of thermophiles and production of enzymes therefrom by providing an environment that is optimized for their growth/production. DuroZyme plants are delivered as a turnkey package.  The plants take in specific, selected organic materials and charge a processing fee to convert them to enzymes with unique, stable properties that have uses in environmental restoration and preservation and processing of consumer products, such as pharmaceutical, nutritional and health products.