Net Sales Amount definition
Net Sales Amount means, with respect to any Transfer of any property by the Company or any Subsidiary, an amount equal to the difference of:
Net Sales Amount means the total of the arm's length selling prices of LICENSED PRODUCTS at which distributors, dealers, customers and users of AVANEX or SUBSIDIARIES paid, but the following items may be excluded; normal discounts actually granted, insurance fees and packing and transportation charges as invoiced separately to customers, and duties and sales taxes actually incurred and paid by AVANEX or SUBSIDIARIES. If LICENSED PRODUCTS are used, leased, imported or otherwise disposed of by AVANEX or SUBSIDIARY, or sold by AVANEX or SUBSIDIARY not on arm's length basis, the selling prices used in calculating NET SALES AMOUNT shall be the average arm's length selling prices during the past [*] for the same or similar LICENSED PRODUCTS sold by AVANEX or SUBSIDIARIES to third party customers.
Net Sales Amount means the gross amount received by the Licensee or a sublicensee for a Commercial Sale of a Licensed Product minus ****. **** CERTAIN INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. Commercial Sales of Licensed Products without charge or at cost in connection with research and development, clinical trials, compassionate use, humanitarian and charitable donations, or indigent programs or for use as samples shall be excluded from the computation of Net Sales Amounts, and no payments will be payable on such Commercial Sales.
Examples of Net Sales Amount in a sentence
Within sixty (60) days after the last day of the second and fourth calendar quarters during the Term and the Post-termination Period, the Licensee shall deliver to the University a written sales report in the form acceptable to the University, recounting the number and Net Sales Amount (expressed in U.
In the event that the Net Sales Amount is less than Two Million Dollars ($2,000,000), no additional payments shall be due and payable from Xxxxxx Corp.
II were to pay DURA five percent (5%) of the Net Sales in a calendar year for each Xxxxxx Product (the "Net Sales Amount").
In the event that the Net Sales Amount is greater than Two Million Dollars ($2,000,000), Xxxxxx Corp.
Within sixty (60) days after the last day of a calendar quarter during the Term and the Post-termination Period, the Licensee shall deliver to the University a written sales report in the form acceptable to and provided by the University, recounting the number and Net Sales Amount (expressed in U.
More Definitions of Net Sales Amount
Net Sales Amount means an amount equal to the net sales amount of the Acquired Entities during the measurement period in question calculated in accordance with IFRS as consistently applied. Schedule IV has been included for illustrative purposes for purposes of calculating the Net Sales Amount.
Net Sales Amount the invoiced amount of sales of Procuren or the Future Products by Cytomedix or any of its affiliates or sublicensees to third parties, less the following items: (a) customary trade, quantity and cash discounts, sales rebates allowed and taken; (
Net Sales Amount means the gross amount received for a Commercial Sale of a Licensed Product minus (i) all trade, quantity, and cash discounts and rebates actually allowed, (ii) all credits and allowances actually granted due to rejections, returns, billing errors, uncollected amounts, and retroactive price reductions, (iii) applicable duties and tariffs, (iv) applicable excise, sale, use, and other taxes and compulsory payments to governmental authorities,; and (v) the cost of shipping, packing, installation, insurance, and other transportation of the Licensed Products. In the event that a Licensed Product is sold in combination with another product, component or service for which no royalty would be due hereunder if sold separately, the Net Sales Amount from such combination sales for purposes of calculating the amount of royalties due under this Agreement shall be calculated by multiplying the Net Sales Amount of the combination product by the fraction A/(A+B), where A is the average gross selling price during the previous calendar quarter of the Licensed Product sold separately and B is the gross selling price during the previous calendar quarter of the combined product(s), component(s) and/or service(s). In the event that a substantial number of separate sales were not made during the previous calendar quarter, then the Net Sales Amount shall be reasonably allocated based upon the proportion of value of the Licensed Product and such other product component or service included in such combination sale.
Net Sales Amount means the gross amount invoiced for a Commercial Sale of a Licensed Product minus (i) all trade, quantity, and cash discounts actually allowed, (ii) all credits and allowances actually granted due to rejections, returns, billing errors, and retroactive price reductions, (iii) applicable duties, and (iv) applicable excise, sale and use taxes. Notwithstanding any provision of this Agreement to the contrary, if the Licensee or a sublicensee sells, leases, transfers or otherwise disposes of a Licensed Product to an Affiliate, the “Net Sales Amount” for such transaction shall equal (a) the amount the Licensee or the sublicensee, as the case may be, generally charges non-Affiliate third parties a similar transaction for the Licensed Product or (b) if the Licensee or the sublicensee does not offer to sell the Licensed Product to the public, the amount charged by the Licensee or the sublicensee for a product of similar kind, quality, and quantity.
Net Sales Amount means the gross order amount, less any applicable refunds, chargebacks, reversals, sales tax, value added tax (VAT), and any applicable payment processing fees.
Net Sales Amount means, with respect to any Transfer of any property by an Obligor or any Subsidiary, an amount equal to the difference of: (a) the aggregate amount of consideration (valued at the fair market value thereof by such Obligor or such Subsidiary in good faith) received by such Obligor or such Subsidiary in respect of such Transfer minus (b) all ordinary and reasonable out-of-pocket costs and expenses actually incurred by such Obligor or such Subsidiary in connection with such Transfer. "Notes" is defined in Section 1. "Officer's Certificate" means with respect to an Obligor, a certificate of a Senior Financial Officer or of any other officer of such Obligor whose responsibilities extend to the subject matter of such certificate. "Other Agreements" is defined in Section 2. "Other Purchasers" is defined in Section 2. "PBGC" means the Pension Benefit Guaranty Corporation referred to and defined in ERISA or any successor thereto. "Permitted Investments" means and includes: (a) Investments in property to be used in the ordinary course of business of the Obligors and their Subsidiaries; (b) Investments in current assets arising from the sale of goods and services in the ordinary course of business of the Obligors and their Subsidiaries (other than Special Purpose Subsidiaries); (c) Investments existing as of the date of the Note Agreement and described on Schedule 10.5; (d) Investment in or advances to one or more Subsidiaries (other than Special Purpose Subsidiaries) or any Person that concurrently with such investment becomes a Subsidiary (other than Special Purpose Subsidiaries); (e) Investments by the Obligors and their Subsidiaries in Special Purpose Subsidiaries consisting solely of the minimum equity investment reasonably necessary to conduct the Permitted Receivables Securitization Program; (f)
Net Sales Amount means the gross sales (less taxes paid that were directly associated with the sale of the Milestone Company Products, shipping costs, credits or allowances for returns and rebates in the ordinary course of business consistent with past practices) of the Milestone Company Products, determined in accordance with GAAP.