Incremental Net Sales definition

Incremental Net Sales for a particular period means that portion of the Net Sales (as defined below) of each of the Products sold by MEC or any of its Affiliates to KO/MEC Distributors during each calendar year (prorated for any period less than a calendar year) that exceeds the Base Volume during such calendar year (prorated for any period less than a calendar year) (i.e. the excess only).

Incremental Net Sales means sales minus returns of Toyota Genuine Parts to Customers.

Incremental Net Sales means: (a) With respect to an Alliance Product Commercialized after rejection of the NPCD as described in Section 4.4 (a) (“New Alliance Product”), Incremental Net Sales means: [***] indicates material that has been omitted pursuant to a request for confidential treatment. The omitted material has been filed separately with the Securities and Exchange Commission. (i) where the New Alliance Product, if sold outside the Alliance Program, would have been a Competing Product, all sales of such New Alliance Product less any Cannibalized Sales of Alliance Products which were being sold at the time such New Alliance Product was first sold. “Cannibalized Sales” for purposes of this Section 1.49(a)(i) means sales resulting solely from the switch by an existing customer from an existing Alliance Product to the New Alliance Product where both such Alliance Products have the same Clinical Intent, but does not include any increased sales resulting from price or volume increases attributable to the switch by an existing customer to the New Alliance Product; or

Examples of Incremental Net Sales in a sentence

• The Commission will be payable monthly in arrears within forty-five (45) days of the end of each month commencing the Effective Date based on MEC’s good faith estimate of Incremental Net Sales, and shall be reconciled to reflect actual Incremental Net Sales for each calendar quarter within sixty (60) days of the end of such calendar quarter.

• Figure 3 shows a comparison of initial taxi fares among 11 capital cities in Brazil.

• Within ninety (90) days after the end of each Contract Year, Wyeth shall report to Impax the amount of Net Sales for each Product for which there were Incremental Net Sales during such Contract Year, the amount of Incremental Net Sales for each such Product for such Contract Year and the basis for Wyeth’s calculation thereof.

• In the case of any Product that is Detailed under this Agreement for only a portion of a Contract Year (a “Partial Contract Year”), Incremental Net Sales shall be determined by reference to such Partial Contract Year by determining the following on the basis of such Partial Contract Year rather than the full Contract Year: XXXXX.

• Together with such report, Wyeth shall pay to Impax an amount equal to XXXXX percent (XXXXX%) of each such Product’s Incremental Net Sales (the “Incentive Fee”) for such Contract Year.

More Definitions of Incremental Net Sales

Incremental Net Sales means, with respect to any Product and any Contract Year, XXXXX for such Product in the Territory for such Contract Year XXXXX: (a) XXXXX

Incremental Net Sales for a particular period means that portion of the Net Sales (as defined below) of each of the Products sold by XXX or any of its Affiliates to KO/XXX Distributors during each calendar year (prorated for any period less than a calendar year) that exceeds the Base Volume during such calendar year (prorated for any period less than a calendar year) (i.e., the excess only). For the purpose of determining the applicable Incremental Net Sales, any Net Sales to Coca-Cola Enterprises prior to the Effective Date shall not be included in the Base Volume (i.e., all Net Sales to Coca-Cola Enterprises from and after the Effective Date shall be included in Incremental Net Sales). *** Indicates portions of this exhibit have been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment.

Incremental Net Sales means the amount by which the Net Sales of the Product for a particular period exceeds the Baseline Net Sales Amount for such period.

Incremental Net Sales shall have the meaning assigned to such term in Section 5.3.5.

Incremental Net Sales means [*****]. “Gross Margin” shall mean [*****]. Acura’s receipt of the Gross Margin payment described above (“Co-Promotion Payment”) will be in lieu of the royalty payments otherwise payable to Acura under the Agreement calculated based on Incremental Net Sales resulting from prescriptions written by the health care providers contained in Acura’s list provided to Egalet pursuant to Section 5.3.13. Co-Promotion Payments in respect of a Calendar Quarter shall be paid within forty-five (45) days; (or if later, within thirty (30) days following Acura’s provision to Egalet of Acura’s Detail report described in Section 5.3.9) after the end of such Calendar Quarter. For clarity, Acura will not be entitled to a Co-Promotion Payment in respect of any prescriptions written by health care providers that are not Acura’s list provided to Egalet pursuant to Section 5.3.13, even if Acura has Detailed such providers. Notwithstanding the foregoing, Egalet shall be responsible for all distribution activities relating to the Product.

Incremental Net Sales means Net Sales in the Territory of a Product that is greater of (a) *** or (b) ***.

Incremental Net Sales means: (a) For the first Contract Year following the Closing Date, Net Sales in excess of $2,400,000. (b) For each subsequent Contract Year during the Earn-Out Period, NetSales in excess of the greater of (1) $2,400,000 or (2) the highest Net Sales during any prior Contract Year during the Earn-Out Period.