Net Proceeds of Sales definition

Net Proceeds of Sales means XXXXXXX & JOHNSON's and CHIRON's and/or their Affiliates' gross proceeds of sales to independent third parties of Licensed Product less
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Net Proceeds of Sales means NOVO NORDISK's and its Affiliates' and sublicensees' (other than agents, distributors, toll manufacturers, customers and other end users that are not Affiliates of NOVO NORDISK) gross receipts from sales of Licensed Products when invoiced to a third party, less the following deductions actually allowed and taken by such third parties and not otherwise received by or reimbursed to NOVO NORDISK or its Affiliates or sublicensees:
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Net Proceeds of Sales means the gross amount actually paid by the Customer Accounts to The Company for the Products shipped to or delivered in the Territory less all discounts, rebates, returns or allowances, claims, shipping charges, taxes, duties and any other normal expenses incurred by The Company in the shipment or attributable to the shipment of the Products sold hereunder. The commission shall be paid within thirty (30) days after receipt of payment. No order shall be final and binding until accepted by The Company and such acceptance communicated to The Representative.
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Examples of Net Proceeds of Sales in a sentence

  • The royalties pursuant to Articles 9.1, 9.2 and 9.3 hereabove shall be paid to DEBIOTECH within [CONFIDENTIAL TREATMENT REQUESTED] after the end of each Contract Year with a written statement specifying the quantities of Pumps, Cassettes (in connection with an empty or prefilled Cassette/Reservoir Module), Cassette/Reservoir Modules and other Accessories sold during that Contract Year and the corresponding Net Proceeds of Sales during the said Contract Year.

  • For example, if the annual Net Proceeds of Sales is [*] then the royalty would be[*]; [*]; and [*].

  • XXXXXXX & XXXXXXX and CHIRON shall keep, and cause its Affiliates and as far as possible its marketing/business partners as mentioned in Clause 1.4 to keep, complete and correct records concerning Net Proceeds of Sales of Licensed Product.

  • Net Proceeds of Sales shall be calculated on the basis of the rates of exchange as quoted by the Wall Street Journal (U.S.A. Edition) on the last business day of the calendar quarter in which the corresponding sales of Licensed Products were made.

  • NOVO NORDISK shall keep, and impose on its Affiliates to keep, complete and correct records of Net Proceeds of Sales of Licensed Products for a period of not less than three (3) years after the making of a royalty payment under this Agreement.

  • NOVO NORDISK shall no longer have any obligation to pay royalties on Net Proceeds of Sales of a product to MAXYGEN after final judgment or administrative decision that determines that there is no material Valid Claim included in any MAXYGEN Patent or MAXYGEN Future Patent that covers the product, on a country-by-country basis, and MAXYGEN Know-How has not been used to develop or manufacture such Licensed Product.

  • The General Partner may direct that property of the Partnership be distributed (including upon the dissolution and liquidation of the Partnership) in kind, provided that such a distribution in kind shall, to the extent possible, be distributed to the Partners in accordance with Section 5.1(a) as though the fair market value of the distributed property was Net Proceeds of Sales or Refinancings (except that distributions in liquidation shall be made in accordance with Section 8).

  • The City intends to source the Gap Funding from the Net Proceeds of Sales, but retains the right to elect another source of funding in its sole discretion.

  • NOVO NORDISK shall keep, and impose on its Affiliates to keep, complete and correct records of Net Proceeds of Sales of Licensed Products for a period of not less than [*******] years after the making of a royalty payment under this Agreement.


More Definitions of Net Proceeds of Sales

Net Proceeds of Sales is defined as the gross invoiced price (or in the case of sales-type lease contracts, the total stream of payments from the third party to LXN or the Affiliate in question)of Licensed Products sold by LXN or any of its Affiliates to any third party (i.e., a party other than LXN or any of its Affiliates), less trade and cash discounts, credits for returned goods, packaging costs, insurance costs, transportation charges, selling commissions by reseller or trading agents, and duties and taxes based directly on the sales, to the extent that these items are included in the invoiced price. In the event that Licensed Products are sold to a third party together with other goods and/or services as part of a package or system, the gross invoiced price of Licensed Products shall be deemed to be that proportion of the gross invoiced price of the entire package or system that is equal to the proportion that LXN's or such Affiliate's average selling price of such Licensed Products bears to the average selling price of all goods and services contained in the entire package or system.
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Related to Net Proceeds of Sales

  • Net Proceeds means the aggregate cash proceeds received by the Company or any of its Restricted Subsidiaries in respect of any Asset Sale (including, without limitation, any cash received upon the sale or other disposition of any non-cash consideration received in any Asset Sale), net of (1) the direct costs relating to such Asset Sale, including, without limitation, legal, accounting and investment banking fees, sales commissions, relocation expenses incurred as a result of the Asset Sale, and taxes paid or payable as a result of the Asset Sale after taking into account any available tax credits or deductions and any tax sharing arrangements, (2) amounts required to be applied to the repayment of Indebtedness, other than Indebtedness under a Working Capital Facility, secured by a Lien on the asset or assets that were the subject of such Asset Sale, and (3) any reserve for adjustment in respect of the sale price of such asset or assets established in accordance with GAAP.

  • Net Proceeds Amount means, with respect to any Transfer of any property by any Person, an amount equal to the difference of

  • Proceeds all “proceeds” as such term is defined in Section 9-102(a)(64) of the New York UCC and, in any event, shall include, without limitation, all dividends or other income from the Investment Property, collections thereon or distributions or payments with respect thereto.

  • Net Proceeds Offer has the meaning provided in Section 4.16.

  • Subject Proceeds has the meaning assigned to such term in Section 2.11(b)(ii).

  • Net Sales Proceeds means, in the case of a transaction described in clause (i)(A) of the definition of Sale, the proceeds of any such transaction less the amount of selling expenses incurred by or on behalf of the Company, including all real estate commissions, closing costs and legal fees and expenses. In the case of a transaction described in clause (i)(B) of the definition of Sale, Net Sales Proceeds means the proceeds of any such transaction less the amount of selling expenses incurred by or on behalf of the Company, including any legal fees and expenses and other selling expenses incurred in connection with such transaction. In the case of a transaction described in clause (i)(C) of the definition of Sale, Net Sales Proceeds means the proceeds of any such transaction actually distributed to the Company or the Operating Partnership from the Joint Venture less the amount of any selling expenses, including legal fees and expenses incurred by or on behalf of the Company (other than those paid by the Joint Venture). In the case of a transaction or series of transactions described in clause (i)(D) of the definition of Sale, Net Sales Proceeds means the proceeds of any such transaction (including the aggregate of all payments under a Mortgage on or in satisfaction thereof other than regularly scheduled interest payments) less the amount of selling expenses incurred by or on behalf of the Company, including all commissions, closing costs and legal fees and expenses. In the case of a transaction described in clause (i)(E) of the definition of Sale, Net Sales Proceeds means the proceeds of any such transaction less the amount of selling expenses incurred by or on behalf of the Company, including any legal fees and expenses and other selling expenses incurred in connection with such transaction. In the case of a transaction described in clause (ii) of the definition of Sale, Net Sales Proceeds means the proceeds of such transaction or series of transactions less all amounts generated thereby which are reinvested in one (1) or more Assets within one hundred eighty (180) days thereafter and less the amount of any real estate commissions, closing costs, and legal fees and expenses and other selling expenses incurred by or allocated to the Company or the Operating Partnership in connection with such transaction or series of transactions. Net Sales Proceeds shall also include Refinancing Proceeds and any other amounts that the Company determines, in its discretion, to be economically equivalent to proceeds of a Sale. Net Sales Proceeds shall not include any reserves established by the Company, which shall be determined by the Board in its sole discretion.

  • Gross Proceeds means a share of the gross production of oil, gas, condensate, and natural gas liquids free of any and all cost of producing, gathering, storing, separating, treating, dehydrating, compressing, processing, transporting, marketing, or pipeline construction and maintenance.

  • Gross Sales Proceeds with respect to each sale of Shares shall be the Gross Sales Price multiplied by the number of Shares sold;

  • Net Disposition Proceeds means, with respect to any sale, transfer or other disposition of any assets of the Borrower, any Parent Guarantor or any of their respective Subsidiaries (other than sales permitted pursuant to clause (a), (b) or (c) of Section 7.2.9), the excess of

  • Excluded Proceeds means, with respect to any Asset Sale or Casualty Event, the sum of, (1) any Net Proceeds therefrom that constitute Declined Proceeds and (2) any Net Proceeds therefrom that otherwise are waived by the Required Facility Lenders from the requirement to be applied to prepay the applicable Term Loans pursuant to Section 2.05(2)(b).

  • Net Offering Proceeds means all cash or other assets received by General Partner or Borrower as a result of the issuance or sale of common shares of beneficial interest, preferred shares of beneficial interest, partnership interests, preferred partnership units, limited liability company interests, Convertible Securities or other ownership or equity interests in General Partner or Borrower less customary costs and discounts of issuance paid by General Partner or Borrower, as the case may be.

  • Net Proceeds Deficiency shall have the meaning set forth in Section 6.4(b)(vi) hereof.

  • Disposition Proceeds means, with respect to each Non-Program Vehicle, the net proceeds from the sale or disposition of such Non-Program Vehicle to any Person (other than any portion of such proceeds payable by the Lessee thereof pursuant to the Lease).

  • Net Cash Proceeds with respect to any issuance or sale of Capital Stock, means the cash proceeds of such issuance or sale net of attorneys' fees, accountants' fees, underwriters' or placement agents' fees, discounts or commissions and brokerage, consultant and other fees actually incurred in connection with such issuance or sale and net of taxes paid or payable as a result thereof.

  • Net Proceeds Offer Amount has the meaning provided in Section 4.16.

  • Net Debt Proceeds means, with respect to any incurrence of Indebtedness for borrowed money, the cash proceeds (net of underwriting discounts and commissions and other reasonable costs associated therewith) received by the respective Person from the respective incurrence of such Indebtedness for borrowed money.

  • Qualified Proceeds means assets that are used or useful in, or Capital Stock of any Person engaged in, a Permitted Business; provided that the fair market value of any such assets or Capital Stock shall be determined by the Board of Directors of the Company in good faith.

  • Production Payments and Reserve Sales means the grant or transfer by the Company or any of its Restricted Subsidiaries to any Person of a royalty, overriding royalty, net profits interest, Production Payment, partnership or other interest in Oil and Gas Properties, reserves or the right to receive all or a portion of the production or the proceeds from the sale of production attributable to such properties where the holder of such interest has recourse solely to such production or proceeds of production, subject to the obligation of the grantor or transferor to operate and maintain, or cause the subject interests to be operated and maintained, in a reasonably prudent manner or other customary standard or subject to the obligation of the grantor or transferor to indemnify for environmental, title or other matters customary in the Oil and Gas Business, including any such grants or transfers pursuant to incentive compensation programs on terms that are reasonably customary in the Oil and Gas Business for geologists, geophysicists or other providers of technical services to the Company or any of its Restricted Subsidiaries.

  • Loss Proceeds means, collectively, all Insurance Proceeds and all Condemnation Proceeds.

  • Net Sale Proceeds means, with respect to any Asset Sale (including, without limitation, any cash or Cash Equivalents received upon the sale or other disposition of any Designated Non-cash Consideration received in any Asset Sale), an amount in cash equal to the gross cash proceeds (including any cash received by way of deferred payment pursuant to a promissory note, receivable or otherwise, but only as and when received) received from such Asset Sale, net of (i) costs of, and expenses associated with, such Asset Sale (including fees and commissions), (ii) any taxes paid or payable as a result of such Asset Sale (including Borrower’s good faith estimate of any incremental income taxes that will be payable as a result of such Asset Sale, including pursuant to tax sharing arrangements or any tax distributions), (iii) payments of unassumed liabilities relating to the assets sold and required payments of any Indebtedness or other obligations (other than the Loans and Indebtedness secured on a pari passu or junior basis to the Loans) which are secured by the assets which were sold or would be in default under the terms thereof as a result of such Asset Sale, (iv) amounts provided as a reserve in accordance with U.S. GAAP against any liabilities under any indemnification obligation or purchase price adjustment associated with such Asset Sale (provided that to the extent and at the time any such amounts are released from such reserve to Borrower or any of its Restricted Subsidiaries, such amounts shall constitute Net Sale Proceeds), (v) cash escrows from the sale price for such Asset Sale (provided that to the extent and at the time any such amounts are released from escrow to Borrower or any of its Restricted Subsidiaries, such amounts shall constitute Net Sale Proceeds) and (vi) to the extent such Asset Sale involves any disposition of Investments made after the Closing Date, the permissibility of which was contingent upon the utilization of the Available Amount, the portion of the Available Amount so utilized in connection with such initial Investment.

  • Proceeds of crime means any property derived from or obtained, directly or indirectly, through the commission of an offence;

  • Net means the amount of a pollutant contained in the discharge measured in appropriate units as specified herein, less the amount of a pollutant contained in the surface water body intake source, measured in the same units, over the same period of time, provided:

  • Bond Proceeds means the proceeds from the sale of bonds, notes, and other obligations issued by a district, and reserves and funds maintained by a district for debt service purposes.

  • Noncash proceeds means proceeds other than cash proceeds.

  • Net Casualty Proceeds means, with respect to any Casualty Event, the amount of any insurance proceeds or condemnation awards received by the Borrower or any of its U.S. Subsidiaries in connection with such Casualty Event (net of all collection or similar expenses related thereto), but excluding any proceeds or awards required to be paid to a creditor (other than the Lenders) which holds a first priority Lien permitted by clause (d) of Section 7.2.3 on the property which is the subject of such Casualty Event.

  • Gross receipts means the total revenue derived from sales, work done, or service rendered.