Common use of Foreign Exchange Clause in Contracts

Foreign Exchange. With respect to Net Sales invoiced in a currency other than United States dollars, such Net Sales will be converted into the United States dollar equivalent using the average conversion rate existing in the United States (as reported in The Wall Street Journal, New York edition) during the applicable Calendar Quarter. If The Wall Street Journal ceases to be published, then the rate of exchange to be used shall be that reported in such other business publication of national circulation in the United States on which the Parties reasonably agree.

Appears in 6 contracts

Samples: Exclusive License Agreement (Aytu Bioscience, Inc), License and Development Agreement (Cerecor Inc.), License and Development Agreement (Cerecor Inc.)

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Foreign Exchange. With respect to Net Sales invoiced in a currency other than United States U.S. dollars, such Net Sales will be converted into the United States U.S. dollar equivalent using the average conversion rate existing in the United States (as reported in The Wall Street Journal, New York edition) during the applicable Calendar Quartercalendar quarter. If The Wall Street Journal ceases to be published, then the rate of exchange to be used shall be that reported in such other business publication of national circulation in the United States on which the Parties parties reasonably agree.

Appears in 5 contracts

Samples: Sublicense Agreement, Sublicense Agreement (AgeX Therapeutics, Inc.), License Agreement (AgeX Therapeutics, Inc.)

Foreign Exchange. With respect to Primary Net Sales invoiced in a currency other than United States dollars, such Primary Net Sales will be converted into the United States dollar equivalent using the average conversion rate existing in the United States (as reported in The Wall Street Journal, New York edition) during on the last date of the applicable Calendar Quartercalendar quarter. If The Wall Street Journal ceases to be published, then the rate of exchange to be used shall be that reported in such other business publication of national circulation in the United States on which as the Parties reasonably agree.

Appears in 4 contracts

Samples: License Agreement (Viamet Pharmaceuticals Holdings LLC), License Agreement (Viamet Pharmaceuticals Holdings LLC), License Agreement (Viamet Pharmaceuticals Holdings LLC)

Foreign Exchange. With respect to For the purpose of computing the Net Sales invoiced for Licensed Products sold in a currency other than United States dollarsDollars, such Net Sales will currency shall be converted into the United States dollar equivalent Dollars using the average conversion rate existing of the rates of exchange published in the United States (as reported in The Wall Street Journal, New York edition) during the applicable 5 business days preceding the close of the Calendar Quarter. If The Wall Street Journal ceases to be published, then the provided however, that such rate of exchange to be used shall be that reported in such other business publication of national circulation approximate fair market value and, in the United States on which event of rapidly changing exchange rates the Parties reasonably agreeshall agree on a mechanism to assure that exchange rates are calculated to reflect fair market values on an ongoing basis.

Appears in 1 contract

Samples: Collaboration Agreement (Endo Pharmaceuticals Holdings Inc)

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Foreign Exchange. With respect to Net Sales invoiced in a currency other than United States dollars, such Net Sales will be converted into the United States dollar equivalent using the average conversion rate existing in the United States (as reported in The Wall Street Journal, New York edition) during the applicable Calendar QuarterYear. If The Wall Street Journal ceases to be published, then the rate of exchange to be used shall be that reported in such other business publication of national circulation in the United States on which the Parties reasonably agree.

Appears in 1 contract

Samples: Exclusive License Agreement (Galena Biopharma, Inc.)

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