Actual Sales definition
Examples of Actual Sales in a sentence
In the event any such notice of disagreement is timely provided by Seller, the Company and Seller shall use their reasonable best efforts for a period of thirty (30) days (or such longer period as they may mutually agree) to resolve any disagreements with respect to the calculation of the Closing Net Working Capital Amount, the Closing Indebtedness, the Actual Retention Bonuses, the Actual Sales Bonuses, the Actual U.K. Funding Amount or the Net Interim Period Adjustment Amount (or any element thereof).
The Transfer Price for each applicable Product shall be equal to [*]% of the Actual Sales Price of the Product (“ASP”); provided that in no event shall the Transfer Price for the Products be lower than the minimum Transfer Price set out on Exhibit D.
Each Party’s share of Operating Profit (Loss) will be determined on a calendar quarterly basis, using a weighted average based on forecasted Actual Sales for the Licensed Product in the Profit Share Territory for the then current calendar year and actual Operating Profit (Loss) for the completed calendar quarter.
The Advance shall be subject to increase annually (the “Adjustment”) at the commencement of each Renewal Term (“Commencement Date”) proportionally to any increase in QVC’s sales (valued at QVC’s cost) in accordance with the following formula: (Actual Sales x Current) - Current = Adjustment (Base Amount Advance) Advance The amount of any Adjustment will be paid within thirty (30) days after notice from the Company that an Adjustment is due and owing the Company.
For example, if Actual Sales during the Initial Term were $5,000,000 and the Company or QVC did not exercise its right to terminate the Agreement, then the Advance would be increased by $75,000 at the commencement of the first Renewal Term.
On a calendar quarterly basis after the end of each calendar quarter, each Party’s actual share of Operating Profit (Loss) will be calculated and reconciled as follows: the forecasted Actual Sales for the Licensed Product in the Profit Share Territory for the then current calendar year will be adjusted based on the actual sales booked for the recently-completed calendar quarter and the forecasted Actual Sales for all remaining calendar quarters.
Occasionally a separate project may be paid with a separate compensation plan Annual Quarterly Sales Target $300,000 $75,000 Actual Sales Annual Qtr.
The following two calendar year example is intended to illustrate the determination of Operating Profits (Losses) in the Profit Share Territory and the method of calculating the annual profit share percentages for each Party based on that year’s Actual Sales.
Then, each Party’s share of cumulative Operating Profit (Loss) for all of the completed calendar quarter(s) for such calendar year will be determined using a weighted average based on such newly-calculated forecasted Actual Sales and the actual Operating Profit (Loss) for all such completed calendar quarter(s) for such calendar year.
Each of the Arbitrating Accountant’s decision, the revised Earn-Out Schedule and the revised calculation of the Annual Aprinnova Actual Sales Value, the Sales Volume and the Earn-Out Payment, if any, will be final and binding upon the Parties, and judgment may be entered on the award.