Net Sales Defined. For purposes of this Agreement, "Net Sales" shall mean Licensee's gross revenues received by Licensee or paid to Licensee or its designee(s) or affiliate(s), as a result of any transaction processed using the Software or any derivation thereof, including any upgrade or enhancement of the Software or derivation thereof, less only: (a) credit card processing fees paid by Licensee to third parties as standard in Licensee's industry, (b) less any fees paid to third party providers of travel services or products made available to the customer, (c) sales, value added or comparable taxes collected and paid by Licensee, and (d) deductions for returns, cancellations, adjustments or refunds. Net Sales shall be calculated using generally accepted accounting principles, consistently applied.
Net Sales Defined. For purposes of this Section A.3(a), “Net Sales” means the total net sales of Graybar and its Affiliates generated after deduction of returns, allowances for damaged or missing goods and any discounts allowed, as reflected on Graybar’s financial statements for the final calendar year in the Performance Period for which the determination is being made; provided, however, that the Board may make such adjustments as it determines appropriate or necessary to account for changes in the accounting rules utilized by the Company.
Net Sales Defined. For the purpose of this Reorganization ----------- ------------------- Agreement, "Net Sales" for each calendar year shall be as defined and computed in accordance with generally accepted accounting principles applied on a consistent basis from year to year. The determination of Net Sales for each year of the Contingent Consideration Period and the computation of Contingent Consideration shall be made by independent certified public accountants regularly employed by Parent for the purpose of preparing the financial reports of Parent. The term "Net Sales" shall include the Net Sales of Sub and the Net Sales of such other subsidiary or subsidiaries and such division or divisions of Parent as are then carrying on any part of the business formerly carried on by Target (herein referred to as the Target Business). If any division, subsidiary, or affiliate of Parent or Sub in any manner directly or indirectly sells, deals in or manufactures software or performs services which were previously sold, dealt in, manufactured or performed by Target or which are marketed under the trade name "Micro Estimating", or any product or service trade name utilized by Target prior to the Effective Time, or any variant thereof, such division, subsidiary, or affiliate shall be conclusively presumed to be carrying on a part of Target Business.
Net Sales Defined. The "Net Sales," on which the above-described royalty is based, shall mean the gross sales by LICENSEE of all Products and Services, directly or indirectly, (including, but not limited to, LICENSEE's subsidiaries, affiliates and any other corporations, partnerships or business entities in which LICENSEE has a controlling ownership interest), less discounts, freight, commissions, returns and uncollected accounts.
Net Sales Defined. 13 5. USE................................................................ 14
Net Sales Defined. 4.1. As used in this Lease, "Net Sales" is defined as the gross selling price of all merchandise and services sold or rented upon or from the premises by Tenant, it sub-tenants, licensees and concessionaires, whether for cash or on credit, whether collected or not, whether made by store personnel or by vending machines, including all receipts from all businesses operated in or from the Premises, accepting therefrom only the following:
Net Sales Defined. For purposes of this Section A.3(a), “Net Sales” means ________________________________________________________________ ____________________________________________________________________________________________________________________; provided, however, that the Board may make such adjustments as it determines appropriate or necessary to account for changes in the accounting rules utilized by the Company.
Net Sales Defined. For purposes of this Agreement, the term "net sales" shall mean the net invoice sales price for the sale and delivery of the Products, after deduction for returns, allowances, discounts, freight and
