Asthmatx Net Sales definition

Asthmatx Net Sales means the gross amount billed or invoiced by Asthmatx and/or any Affiliate of Asthmatx for the sale or other disposition of any Ntero Licensed Products less the following deductions: (a) discounts, chargebacks, allowances for bad debts or uncollectible amounts, Medicaid/Medicare rebates (other than as described in (d) below) and allowances actually taken; (b) sales, use, value added and excise taxes, import and customs duties, tariffs, and any other similar taxes, duties or tariffs, to the extent actually paid by the selling party; (c) freight, insurance, packaging costs and other transportation charges to the extent added to the sales price; and (d) amounts repaid or credits taken by reason of rejections, defects or returns or because of retroactive price reductions or due to recalls or government laws or regulations requiring rebates. “Asthmatx Net Sales” shall not include amounts for any Ntero Licensed Product furnished to a third party for which payment is not intended to be received, including, but not limited to, Ntero Licensed Products used in clinical trials and Ntero Licensed Products distributed as promotional and free goods. Capitalized terms used in this Agreement and not otherwise defined herein will have the meanings given to such terms in the Ntero License Agreement.
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Examples of Asthmatx Net Sales in a sentence

  • The independent public accountant shall be under a confidentiality obligation to Asthmatx to disclose to Broncus only (a) the accuracy of Asthmatx Net Sales reported and the basis for royalty payments made to Broncus under this Agreement, and (b) the difference, if any, by which such reported and paid amounts vary from amounts determined as a result of the audit.

  • The fees and expenses of such accountant shall be paid by Broncus, unless the accountant’s examination results in a determination that Asthmatx Net Sales have been understated, or that payments have been underpaid, by more than ten percent (10%) for the period examined, in which case Asthmatx shall pay all reasonable costs and expenses incurred by Broncus in the course of making such determination, including the fees and expenses of such accountant.

  • The parties acknowledge and agree that under the terms of the Ntero License Agreement, Broncus has certain obligations to pay royalties to Ntero with respect to Asthmatx Net Sales, and therefore it is important to Broncus that Asthmatx correctly compute, and timely pay to Broncus, the royalties payable by Asthmatx under this Agreement.

  • As a material inducement and consideration to Broncus to grant the sublicense to Asthmatx pursuant to Section 2, for so long as Broncus has any obligation to pay royalties to Ntero under the Ntero License Agreement, Asthmatx shall pay to Broncus, with respect to any Asthmatx Net Sales in such calendar quarter, the full amount payable by Broncus to Ntero with respect to such Asthmatx Net Sales under the terms of the Ntero License Agreement.

  • Asthmatx shall pay all royalties due and payable on Asthmatx Net Sales pursuant to this Section 3 within forty-five (45) days after the last day of each quarter in which the applicable Asthmatx Net Sales underlying such royalties were billed or invoiced by Asthmatx or an Affiliate of Asthmatx.

  • If such examination results in a determination that Asthmatx Net Sales or royalty payments have been understated or overstated, unpaid ***** Certain portions of this exhibit have been omitted and confidential treatment has been requested for these omitted portions pursuant to an application for confidential treatment sent to the Securities and Exchange Commission.

  • If such examination results in a determination that Asthmatx Net Sales or royalty payments have been understated or overstated, unpaid amounts or refund of overstatement due shall be paid promptly.

Related to Asthmatx Net Sales

  • Net Sales means [***].

  • Combination Products means COBI Combination Products, EVG Combination Products, TDF Combination Products, TAF Combination Products and Quad Product.

  • Annual Net Sales means, with respect to any Calendar Year, the aggregate amount of the Net Sales for such Calendar Year.

  • Licensed Products means tangible materials which, in the course of manufacture, use, sale, or importation, would be within the scope of one or more claims of the Licensed Patent Rights that have not been held unpatentable, invalid or unenforceable by an unappealed or unappealable judgment of a court of competent jurisdiction.

  • Net Sales Revenue shall have the meaning as set out in Schedule "A"

  • Combination Product means a product (a) containing a Licensed Product together with one or more other active ingredients, or (b) with one or more products, devices, pieces of equipment or components, but sold for an integrated price (e.g., with the purchase of one product the customer gets a coupon for the other) or for a single price.

  • Sublicensee means a third party to whom LICENSEE grants a sublicense of certain rights granted to LICENSEE under this Agreement.

  • Licensed Product means any pharmaceutical product containing a Licensed Compound (alone or with other active ingredients), in all forms, presentations, formulations and dosage forms.

  • Generic Product means a product which (a) contains as its active pharmaceutical ingredient a compound that is (or is substantially the same as) the Licensed Compound, and (b) has been placed on the market pursuant to a validly granted marketing authorization.

  • Diagnostic Product means any test or assay for diagnosing or detecting a disease, disorder, medical condition, or symptom.

  • Licensed Services means all functions performed by the Licensed System.

  • Hemp products means all products made from industrial hemp,

  • Licensed producer means a person or entity licensed to produce medical cannabis.

  • Collaboration Product means any pharmaceutical product in finished form that contains a Collaboration Compound, either as the sole active ingredient or in combination with one or more other active ingredients, and all present and future formulations, dosages and dosage forms thereof.

  • Covered Products means Your Applications, Libraries, Passes, Safari Extensions, Safari Push Notifications, and/or FPS implementations developed under this Agreement.

  • Existing Product means any formulation of the same product category and form sold, supplied, manufactured, or offered for sale in California prior to the following dates, or any subsequently introduced identical formulation:

  • Sublicense Revenue means [***].

  • Sublicensees as used herein in either singular or plural shall mean any person or entity other than an AFFILIATED COMPANY to which Company has granted a sublicense under this Agreement.

  • Licensed Field means all fields of use.

  • Competing Products means any product or service in existence or under development that competes with any product or service of the Company Group about which the Participant obtained Confidential Information or for which the Participant provided advisory services or had sales, origination, marketing, production, distribution, research or development responsibilities in the last twenty-four (24) months of employment with the Company Group.

  • Sublicense Revenues means [***].

  • Licensed Territory means worldwide.

  • Existing Products Tangible Products and intangible licensed Products which exist prior to the commencement of work under the Contract. Contractor retains the burden of proving that a particular product was existing before commencement of the Project. .