Calculation of Net Revenues Sample Clauses

Calculation of Net Revenues. In calculating Net Revenues for the purposes of this Article VII (Financial Consideration):
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Calculation of Net Revenues. The Company shall maintain in --------------------------- reasonable and adequate detail records of all components of and adjustments made in determining Net Revenues of the Products and the Competitive Products in the Territory during each Determination Period. Within 45 days after the end of each Determination Period, the Company shall (a) furnish to the Holder a Company Certificate setting forth (x) in reasonable detail for each Product or Competitive Product for which there were sales in the Territory during such Determination Period the amounts of (1) gross sales (excluding sales to Affiliates), (2) prompt payment and other discounts, (3) transportation and related insurance charges, (4) returns, bad debt and other allowances, (5) taxes deducted from gross sales in determining Net Revenues, (6) distributors', consignees' and wholesalers' fees and commissions, and (7) Net Revenues, in each such case of the preceding clauses (1) through (7) for such Determination Period, (y) the percentage and the amount, in currency of the United States of America, of such Net Revenues to be paid to the Holder and the holders of the Other Notes pursuant to Article II hereof and thereof, identifying each such Person, and (z) a statement that the information set forth in such Company Certificate is true and correct and (b) pay to the Holder an amount equal to the portion of the Noteholder Payment Amount for such Determination Period to which the Holder is entitled.
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Calculation of Net Revenues. In calculating Ivory Net Revenues for the purposes of this Article 6 (Profit/Expense Sharing):
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Calculation of Net Revenues. In calculating Net Revenues for the purposes of this Article 7 (Profit/Expense Sharing):
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Calculation of Net Revenues. For purposes of calculating Milestone Payments, Net Revenues shall mean all cash payments received by the Purchaser as a result of the sale, use, licensing, or other exploitation or commercialization of the Assigned Product, including but not limited to revenue or royalties received by the Purchaser from sales of the Assigned Product, royalty income (e.g., running royalty or minimum royalty), option fees, license fees, or from the sale of the Invention, and minus the Documented Costs incurred by the Purchaser directly related to commercialization as outlined below (the “Net Revenues”).
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Calculation of Net Revenues. Revenues to the Joint Venture shall be calculated in accordance with generally accepted accounting principles, consistently applied.
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Calculation of Net Revenues. The calculation of Net Revenues for the Test Period shall be made by the Buyer and Republic no later than ninety (90) days following the Closing Date. If the Buyer and Republic are unable to agree on the calculation of the Net Revenues for the Test Period, Buyer and Republic shall jointly engage a firm of independent certified accountants to make such determination (the "Accountants"). The determination of the Accountants shall be final and conclusive and not subject to review by either party. The Escrow shall be disbursed within ten (10) days following the final determination of Net Revenues for the Test Period. Buyer and Republic shall each be responsible for half of the cost of the Accountants.
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Calculation of Net Revenues. No later than February 29, 2009, the Buyer shall prepare, or cause to be prepared, and deliver to the Sellers a statement (the “Preliminary Net Revenues Statement”) setting forth its calculations of Net Revenues for the year ending December 31, 2008 plus reasonable supporting documentation. From and after the Closing until resolution of any dispute with respect to the Preliminary Closing Statement, the Sellers, through a Representative, shall have access to all books and records of the Companies together with the Buyer’s calculations and supporting documents to confirm the amounts shown on the Preliminary Net Revenues Statement. In the event the Sellers agree to the amounts shown on the Preliminary Net Revenues Statement, or fail to object to such amounts by notifying Buyer in writing of such objection within the twenty (20) day period following the delivery thereof, then the Preliminary Net Revenues Statement shall become the “Final Net Revenues Statement” for purposes of Section 2.1(d) above, and shall be binding and conclusive on the parties and not subject to appeal. In the event the Sellers object to any amounts shown on the Preliminary Net Revenues Statement, the Sellers shall notify Buyer in writing of such objection within the twenty (20) day period following the delivery thereof, stating in such written objection the reasons therefor and their alternative calculations. Upon receipt by the Buyer of such written objection, the parties shall attempt to resolve the disagreement through negotiation. The Buyer agrees to promptly provide the Sellers, as the Sellers shall reasonably request, with further supporting documentation for the Buyer’s calculations with respect to the Preliminary Net Revenues Statement. If the Buyer and the Sellers cannot resolve such disagreement within ten (10) days following the end of the foregoing twenty (20) day period, the parties shall submit the matter for resolution to an Independent Accountant. The Independent Accountant shall deliver a statement to the effect that either the Buyer’s calculations or the Sellers’ calculations should be deemed the Net Revenues for the purposes of this Agreement. Such statement shall be delivered by the Independent Accountant to the parties within thirty (30) days of the submission of the matter to such firm, which statement, absent manifest error, shall become the Final Net Revenues Statement for purposes of Section 2.1(d) above, and shall be binding and conclusive on the parties and not...
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Calculation of Net Revenues. All percentages established in Exhibit B shall be applied to CARRIER’S net revenue received from the transportation unless otherwise indicated on Exhibit B. For this purpose, net revenue is defined as the amount received by CARRIER after any rate discounts, if allowable, are applied and CARRIER’S Principal, if any, has deducted its share of revenue. CONTRACTOR acknowledges that discounts, if allowable, are at times necessary to secure business for CARRIER and will result in reduction of tariff and/or rate schedule charges.
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Related to Calculation of Net Revenues

  • CALCULATION OF NET ASSET VALUE U.S. Trust will calculate the Fund's daily net asset value and the daily per-share net asset value in accordance with the Fund's effective Registration Statement on Form N-2 (the "Registration Statement") under the Securities Act of 1933, as amended (the "Securities Act"), including its current prospectus. If so directed, U.S. Trust shall also calculate daily the net income of the Fund

  • Determination of Net Asset Value The net asset value per share of each class and each series of Shares of the Trust shall be determined in accordance with the 1940 Act and any related procedures adopted by the Trustees from time to time. Determinations made under and pursuant to this Section 2 in good faith and in accordance with the provisions of the 1940 Act shall be binding on all parties concerned.

  • Calculation of Charges Contractor shall provide an invoice to the City on a monthly basis for goods delivered and/or Services completed in the immediate preceding month, unless a different schedule is set out in Appendix B, “Calculation of Charges.” Compensation shall be made for goods and/or Services identified in the invoice that the City, in his or her sole discretion, concludes has been satisfactorily performed. In no event shall the amount of this Agreement exceed [insert whole dollar amount in numbers and words -- no pennies and no “.00”]. The breakdown of charges associated with this Agreement appears in Appendix B, “Calculation of Charges.” A portion of payment may be withheld until conclusion of the Agreement if agreed to by both Parties as retainage, described in Appendix B. In no event shall City be liable for interest or late charges for any late payments. City will not honor minimum service order charges for any services covered by this Agreement.

  • Determination of Net Asset Value, Net Income and Distributions Subject to applicable federal law including the 1940 Act and Section 3.6 hereof, the Trustees, in their sole discretion, may prescribe (and delegate to any officer of the Trust or any other Person or Persons the right and obligation to prescribe) such bases and time (including any methodology or plan) for determining the per Share or net asset value of the Shares of the Trust or any Series or Class or net income attributable to the Shares of the Trust or any Series or Class, or the declaration and payment of dividends and distributions on the Shares of the Trust or any Series or Class and the method of determining the Shareholders to whom dividends and distributions are payable, as they may deem necessary or desirable. Without limiting the generality of the foregoing, but subject to applicable federal law including the 1940 Act, any dividend or distribution may be paid in cash and/or securities or other property, and the composition of any such distribution shall be determined by the Trustees (or by any officer of the Trust or any other Person or Persons to whom such authority has been delegated by the Trustees) and may be different among Shareholders including differences among Shareholders of the same Series or Class.

  • Calculation of Overtime If the overtime work has been carried out before as well as after the regular working hours during a certain day, the overtime periods shall be added together. Only full half hours are included in the calculation.

  • Calculation of Amounts Binding Effect of Interpretations and Actions of Master Servicer...............................

  • Allocation of Net Income and Net Loss Net Income or Net Loss of the Partnership shall be determined as of the end of each calendar year and as of the end of any interim period extending through the day immediately preceding any (i) disproportionate Capital Contribution, (ii) disproportionate distribution, (iii) Transfer of a Partnership Interest in accordance with the terms of this Agreement, or (iv) Withdrawal Event. If a calendar year includes an interim period, the determination of Net Income or Net Loss for the period extending through the last day of the calendar year shall include only that period of less than twelve (12) months occurring from the day immediately following the last day of the latest interim period during the calendar year and extending through the last day of the calendar year. For all purposes, including income tax purposes, Net Income, if any, of the Partnership for each calendar year or interim period shall be allocated among the Partners in proportion to their respective Partnership Percentages for the calendar year or interim period. In the event of a Net Loss for a particular calendar year or interim period, then, for such calendar year or interim period, the Net Loss for such calendar year or interim period shall be allocated among the Partners in proportion to their respective Partnership Percentages for the calendar year or interim period.

  • Calculation of Fees Ameriprise will have sole responsibility, and Ameriprise’s records will provide the sole basis, for calculating fees for which Ameriprise invoices under this Agreement. However, the Issuer Entities may provide records to assist Ameriprise in its calculations.

  • Definition of Overpayments An “Overpayment” means any funds that Xxxxxx receives or retains under any Federal health care program to which Xxxxxx, after applicable reconciliation, is not entitled under such Federal health care program.‌

  • Accounting Terms; Utilization of GAAP for Purposes of Calculations Under Agreement Except as otherwise expressly provided in this Agreement, all accounting terms not otherwise defined herein shall have the meanings assigned to them in conformity with GAAP. Financial statements and other information required to be delivered by Company to Lenders pursuant to clauses (ii), (iii) and (xii) of subsection 6.1 shall be prepared in accordance with GAAP as in effect at the time of such preparation (and delivered together with the reconciliation statements provided for in subsection 6.1(v)). Calculations in connection with the definitions, covenants and other provisions of this Agreement shall utilize GAAP as in effect on the date of determination, applied in a manner consistent with that used in preparing the financial statements referred to in subsection 5.3. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and Company, Administrative Agent or Requisite Lenders shall so request, Administrative Agent, Lenders and Company shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to the approval of Requisite Lenders), provided that, until so amended, such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and Company shall provide to Administrative Agent and Lenders reconciliation statements provided for in subsection 6.1(v).

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