Baseline Net Sales definition

Baseline Net Sales is defined in Section 1.94 hereof.
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Baseline Net Sales means Licensee's actual Net Sales for the period January 1, 1999 through December 31, 1999.
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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. ------------------------ * The redacted portions of this document have been omitted pursuant to a request for confidential treatment and such redacted portions have been filed separately with the Securities and Exchange Commission.
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Examples of Baseline Net Sales in a sentence

  • 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]*.

  • 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.

  • No Promotional Payment for a calendar quarter shall be made if the Quarterly Baseline Net Sales Amount exceeds the Net Sales for such quarter.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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, during a Contract Quarter, cumulative Net Sales for the year exceed Baseline Net Sales, the quarterly payment shall be calculated as provided in Section 3.4(b).

  • The amount of such Promotional Payment shall be determined and paid on a quarterly basis, and shall be calculated following each of the first three (3) 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 sixty-five percent (65%).


More Definitions of Baseline Net Sales

Baseline Net Sales means [***] of the Mallinckrodt Call List Dispensed Units for the [***] full months[***]. For clarity, the Baseline Net Sales shall remain fixed for the Term. For clarity, Baseline Net Sales shall be calculated [***] using the then-applicable Mallinckrodt Call List.
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Baseline Net Sales has the meaning set forth in Section 2.5(a)(xi).
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Related to Baseline Net Sales

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

  • Net Sales means [***].

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

  • Sales Revenue means receipts from the sale, lease, or rental of goods, services, or property;

  • Gross Profit means the sum produced by adding to the “net profit” the amount of the Insured “standing charges”, or if there be no “net profit”, the amount of the Insured “standing charges” less such a proportion of any net trading loss as the amount of the Insured “standing charges” bears to all the “standing charges” of the business.

  • Quarterly (1/Quarter) sampling frequency means the sampling shall be done in the months of March, June, August, and December, unless specifically identified otherwise in the Effluent Limitations and Monitoring Requirements table.

  • Net Sales Price means the gross sales price to retailers of all Licensed Products sold under this Agreement or, with respect to Licensed Products that are not sold directly or indirectly to retailers, other ultimate consumers (as in the case of accommodation sales by Licensee to its employees or sales by Licensee in its own shops), less trade discounts, merchandise returns, sales tax (if separately identified and charged) and markdowns and/or chargebacks which, in accordance with generally accepted accounting principles, would normally be treated as deductions from gross sales, and which, in any event, do not include any chargebacks or the like for advertising, fixture or retail shop costs or contributions. Notwithstanding the foregoing, Licensor hereby waives its right to (i) receive royalties hereunder for, or (ii) include within the calculation of Net Sales Price for the purpose of calculating the Annual Advertising Obligation as set forth in paragraph 4.6 hereof, sales of units of Licensed Products sold at a discount of [OMITTED; MATERIAL FILED SEPARATELY WITH SECURITIES AND EXCHANGE COMMISSION] or more off the regular wholesale price ("Discounted Units"), provided that such waiver shall only apply to the extent that the aggregate Net Sales Price of Discounted Units for any year does not exceed [OMITTED; MATERIAL FILED SEPARATELY WITH SECURITIES AND EXCHANGE COMMISSION] of the Net Sales Price of all units of Licensed Products other than Discounted Units sold in such year. No other deductions shall be taken. Any merchandise returns shall be credited in the quarter in which the returns are actually made. For purposes of this Agreement, affiliates of Licensee shall mean all persons and business entities, whether corporations, partnerships, joint ventures or otherwise, which now or hereafter control, or are owned or controlled, directly or indirectly by Licensee, or are under common control with Licensee. It is the intention of the parties that royalties will be based on the bona fide wholesale prices at which Licensee sells Licensed Products to independent retailers in arms' length transactions. In the event Licensee shall sell Licensed Products to its affiliates, royalties shall be calculated on the basis of such a bona fide wholesale price irrespective of Licensee's internal accounting treatment of such sale unless such products are sold by its affiliates directly to the end-user consumer, in which case royalties shall be calculated on the basis of the price paid by the end-user consumer, less applicable taxes. Licensee shall identify separately in the statements provided to Licensor pursuant to paragraph 7 hereof, all sales to affiliates. At least once annually and no later than 90 days after the close of Licensee's fiscal year, Licensee shall furnish to Licensor a statement of the Net Sales Price of all Licensed Products sold during the year just ended, which shall be certified by the independent auditor for Licensee as correct and in accordance with the terms of this Agreement.

  • Baseline Period means the period used to determine the baseline emission rate for each regulated pollutant under OAR 340 division 222.

  • Baseline means the “Initial Small Business Lending Baseline” set forth on the Initial Supplemental Report (as defined in the Definitive Agreement), subject to adjustment pursuant to Section 3(a).

  • Contract Quarter means a three-month period that commences on January 1, April 1, July 1 or October 1 and ends on March 31, June 30, September 30, or December 31, respectively.

  • own-source revenue means adjusted underlying revenue other than revenue that is not under the control of council (including government grants)

  • Adjusted Gross Sales means for either party distributing and selling Product (in this Section the “Selling Party”):

  • Quarterly (1/Quarter) sampling frequency means the sampling shall be done in the months of March, June, August, and December, unless specifically identified otherwise in the Effluent Limitations and Monitoring Requirements table.

  • Manufacturing Costs means, with respect to a given AquaBounty Product, the full-time equivalent costs (under a reasonable accounting mechanism to be agreed upon by the Parties) and out-of-pocket costs that AquaBounty or any of its Affiliates incurred in manufacturing such products, including costs and expenses incurred in connection with (a) the development or validation of any manufacturing process, formulations or delivery systems, or improvements to the foregoing; (b) manufacturing scale-up; (c) in-process testing, stability testing and release testing; (d) quality assurance/quality control development; (e) internal and Third Party costs and expenses incurred in connection with qualification and validation of Third Party contract manufacturers, including scale up, process and equipment validation, and initial manufacturing licenses, approvals and inspections; (f) packaging development and final packaging and labeling; (g) shipping configurations and shipping studies; and (h) overseeing the conduct of any of the foregoing. “Manufacturing Costs” shall further include: (i) to the extent that any such AquaBounty Product is manufactured by a Third Party manufacturer, the out-of-pocket costs incurred by AquaBounty or any of its Affiliates to the Third Party for the manufacture and supply (including packaging and labeling) thereof, and any reasonable out-of-pocket costs and direct labor costs incurred by AquaBounty or any of its Affiliates in managing or overseeing the Third Party relationship determined in accordance with the books and records of such Party or its Affiliates maintained in accordance with US GAAP; and (ii) to the extent that any such AquaBounty Product is manufactured by AquaBounty or any of its Affiliates, direct material and direct labor costs attributable to such product, as well as reasonably allocable overhead expenses, determined in accordance with the books and records of AquaBounty or its Affiliates maintained in accordance with US GAAP.

  • Sublicense Revenue means [***].

  • Baseline area means any intra- state area (and every part thereof) des- ignated as attainment or unclassifiable under section 107(d)(1)(A)(ii) or (iii) of the Act in which the major source or major modification establishing the minor source baseline date would con- struct or would have an air quality im- pact for the pollutant for which the baseline date is established, as follows: equal to or greater than 1 μg/m3 (an- nual average) for SO2, NO2, or PM10; or equal or greater than 0.3 μg/m3 (annual average) for PM2.5.(ii) Area redesignations under section 107(d)(1)(A)(ii) or (iii) of the Act cannot intersect or be smaller than the area of impact of any major stationary source or major modification which:

  • Royalty Rate means the percentage defined in Exhibit B.

  • Supplier Profit Margin means, in relation to a period, the Supplier Profit for the relevant period divided by the total Charges over the same period in respect of any Call Off Agreements and expressed as a percentage;

  • Gross Sales means the sum total of all retail sales of tangible personal property or services as

  • Semi-annual (2/Year) sampling frequency means the sampling shall be done during the months of June and December, unless specifically identified otherwise.

  • Clinical evaluation means a systematic and planned process to continuously generate, collect, analyse and assess the clinical data pertaining to a device in order to verify the safety and performance, including clinical benefits, of the device when used as intended by the manufacturer;

  • Manufacturing Cost means ***

  • Semi-annual (2/Year) sampling frequency means the sampling shall be done during the months of June and December, unless specifically identified otherwise.

  • Annualized EBITDA means, for the four consecutive quarters ending on each Reporting Date, the Operating Partnership’s Pro Rata Share (as defined below) of earnings before interest, taxes, depreciation and amortization (“EBITDA”), with other adjustments as are necessary to exclude the effect of all realized or unrealized gains and losses related to hedging obligations, items classified as extraordinary items and impairment charges in accordance with generally accepted accounting principles, adjusted to reflect the assumption that (i) any EBITDA related to any assets acquired or placed in service since the first day of such four-quarter period had been earned, on an annualized basis, from the beginning of such period, and (ii) any assets disposed of during such four-quarter period had been disposed of as of the first day of such period and no EBITDA related to such assets had been earned during such period.

  • Sales Year means the calendar year during which the Company sold Cigarettes in a Beneficiary State requiring the deposit of QEF Principal.

  • Net Revenue means an entity’s total revenue less its operating expenses, interest paid, depreciation, and taxes. “Net Revenue” is synonymous with “Profit.”