Examples of Baseline Net Sales in a sentence
If in Year 5, Baseline Net Sales are [Redacted]*, and Current Year Net Sales reach [Redacted]*, Aphton will be entitled to receive royalty payments equal to (w) [Redacted]* of the Net Profits attributable to Net Sales up to [Redacted]*, (x) [Redacted]*of Net Profits attributable to Net Sales between [Redacted]* and [Redacted]*, (y) [Redacted]* of the Delta Net Sales, which in Year 5 is the difference between [Redacted]* and [Redacted], less (z) the amount of the Base Royalty.
In the event that this Agreement is terminated other that at a Year end, the amount of any Promotional Payment owed to GSK will be calculated by subtracting the pro-rated Quarterly Baseline Net Sales Amount from the pro-rated Net Sales for such quarter, based on the number of days that have elapsed during such quarter immediately prior to the effective date of such termination.
No Promotional Payment for a calendar quarter shall be made if the Quarterly Baseline Net Sales Amount exceeds the Net Sales for such quarter.
As used in this Section 6.2(b), the term "Baseline Net Sales" means the Net Sales of the Product during the calendar year immediately preceding the calendar year in which the determination is made, and the term "Current Year Net Sales" means the Net Sales of the Product in the calendar year in which the determination is made.
If, in Year 1, Baseline Net Sales equal [Redacted]*, and by June 1 in Year 2 Current Year Net Sales have reached [Redacted]*, Aphton will be entitled to receive royalty payments equal to, in the aggregate, (w) [Redacted]*of the Net Profits attributable to Net Sales up to [Redacted]*, (x) [Redacted]* of Net Profits attributable to Net Sales between [Redacted]* and [Redacted]*, and (y) [Redacted]* of Net Profits attributable to all Net Sales in excess of [Redacted]*, less (z) the amount of the Base Royalty.
In the event that the Baseline Net Sales declines, PMC shall have the right to qualify for the special allocation principles set forth herein no more than one (1) additional time for an increase in Net Sales to the amount of Baseline Net Sales as has been previously reached.
If in Year 7, Baseline Net Sales are once again [Redacted]*, and Current Year Sales reach [Redacted]*, PMC will not be entitled to retain the special allocation in relation to the increase from [Redacted]* to [Redacted]* but will be entitled to receive the special allocation of profit from [Redacted]* to [Redacted]*.
For Net Sales up to and including Baseline Net Sales, the quarterly payment shall be adjusted to reflect COGS payments made to MERCK for the Net Sales in that Contract Quarter.
The amount of such Royalty Payment shall be determined and paid on a quarterly basis and shall be calculated following each of the first three calendar quarters of a Year by (A) subtracting the Quarterly Baseline Net Sales Amount from the Net Sales for such calendar quarter, and (B), if such amount is a positive number, multiplying such amount by *****.
MERCK and XXXXXXX shall extend the Agreement for an additional two (2) year period, provided, however, that such extension shall be at MERCK's option if in any calendar year of this Agreement (i) Net Sales are below Baseline Net Sales, or (ii) XXXXXXX is in breach of its obligations with respect to Details provided in Section 5.2 of this Agreement.