Net Sales Payment definition

Net Sales Payment means, for any calendar quarter, an amount equal to fifteen percent (15%) of Net Sales of the Product by the Company and its Affiliates during such calendar quarter; provided that the Net Sales Payment for the calendar quarter during which the cumulative Net Sales by the Company and its Affiliates and Sublicensees reach $150,000,000 shall be prorated to apply only to Net Sales during the period up to such time that such cumulative Net Sales amount is achieved;
Sample 1Sample 2Sample 3
Net Sales Payment means (a) with respect to the First Net Sales Measuring Period, an amount equal to forty percent (40%) of that portion of Net Sales during the First Net Sales Measuring Period that exceeds One Hundred Million Dollars ($100,000,000) and (b) with respect to the Second Net Sales Measuring Period, an amount equal to forty percent (40%) of that portion of Net Sales during the Second Net Sales Measuring Period that exceeds One Hundred Fifty Million Dollars ($150,000,000).
Sample 1Sample 2Sample 3
Net Sales Payment means the net sales payment made to the County pursuant to the Sublease Agreement in an amount equal to three percent (3%) of the Net Sales.
Sample 1Sample 2Sample 3

Examples of Net Sales Payment in a sentence

  • Payment of Net Sales Payment Consideration in whole or in part may be made in advance of such due date.

  • The Net Sales Payment for each calendar quarter shall be made within sixty (60) days after the end of such calendar quarter, but in any event no later than the date on which the Company makes its quarterly royalty payment based on Net Sales to the Licensor under the License Agreement.

  • For clarity, whenever Licensee has a royalty payment due to University there shall be no Deferred Compensation Annual Net Sales Payment due.

  • Licensee agrees that in the case of termination, any payments due to the University on Net Sales in accordance with the terms herein shall still be due to be paid to the University in accordance with this Agreement such that termination does not waive Licensee’s obligations regarding the Deferred Compensation Annual Net Sales Payment under this Agreement.

  • In the event that the day on which any Net Sales Payment is due shall not be a Business Day, then, notwithstanding any provision of this Agreement to the contrary, any payment required to be made in respect of the CVRs on or prior to such date need not be made on or prior to such date, but may be made on the next succeeding Business Day with the same force and effect as if made on the last day on which such Net Sales Payment is due.

  • Notwithstanding anything to the contrary in this Section 1(a), each Net Sales Payment Recipient, may, in its sole and absolute discretion, elect to permanently waive its right to receive its Net Sales Payment for any given calendar year (the “Non-Payment Election”).

  • Evaluation of industry performance endeavours to balance these issues.

  • For clarity, whenever Licensee has a Deferred Compensation Annual Net Sales Payment due to University there shall be no royalty payment due.

  • If, upon the expiration of the Review Request Period, the Acting Holder(s) have not requested a review of the Net Sales Statement in accordance with this Section 4.02(b), the calculation of the Net Sales Payment as set forth in the Net Sales Statement shall be binding and conclusive upon the Holders, and Lantheus shall be released from any liability or accountability with respect to payments in excess of such Net Sales Payment.

  • For the avoidance of doubt, each redemption of a Net Sales percentage point pursuant to this Section will reduce the royalty rate used to calculate the Net Sales Payment Recipients’ share of Net Sales based on the Corporation’s sales of its products by a percentage point.


More Definitions of Net Sales Payment

Net Sales Payment means, with respect to any Net Sales Measuring Period, an amount equal to (i) ** percent (**%) of that portion of Net Sales of the Products that is ** or ** to ** dollars ($**) for such period, plus (ii) an additional amount equal to ** percent (**%) of that portion of Net Sales of the Products that ** dollars ($**) but is ** or ** to ** and ** dollars ($**) for such period, plus (iii) an additional amount equal to ** percent (**%) of that portion of Net Sales of the Products that ** and ** dollars ($**) for such period but is ** or ** to ** dollars ($**) for such period plus (iv) an additional amount equal to ** percent (**%) of that portion of Net Sales of the Products that ** dollars ($**) for such period.
Sample 1Sample 2
Net Sales Payment means, with respect to any Net Sales Measuring Period, an amount equal to (i) two and one-half percent (2.5%) of that portion of Net Sales of the Products that exceeds one billion dollars ($1,000,000,000) but is less than or equal to two billion dollars ($2,000,000,000) for such period, plus (ii) an additional amount equal to five percent (5.0%) of that portion of Net Sales of the Products that exceeds two billion dollars ($2,000,000,000) but is less than or equal to three billion dollars ($3,000,000,000) for such period, plus (iii) an additional amount equal to ten percent (10.0%) of that portion of Net Sales of the Products that exceeds three billion dollars ($3,000,000,000) for such period; provided that no Net Sales Payments will be due following a Net Sales Payment Termination Date.
Sample 1Sample 2Sample 3
Net Sales Payment has the meaning set forth in Section 2.4(c).
Sample 1Sample 2
Net Sales Payment means periodic payments to Qualigen in the nature of royalties, calculated as a percentage of Net Sales of Products. (The Parties acknowledge and agree that these payments are payable whether they are characterizable as royalties (e.g., Qualigen’s intellectual property other than the Transferred Patents covers, is incorporated into, or otherwise relates to Products sold by Licensee) or not; to the extent not characterizable as royalties, the Net Sales Payments are deemed to be consideration defined and paid (over a defined period of time) for assignment of the Transferred Patents and for Qualigen’s other assistance hereunder, subject to the limitations described herein and together with Licensee’s other obligations hereunder.)
Sample 1
Net Sales Payment shall have the meaning set forth in Section 1.13(c)(i) of this Agreement.
Sample 1
Net Sales Payment and “Net Sales Payments,” as used herein, mean periodic payments to Taurus in the nature of royalties, calculated as a percentage of Net Sales of Products; but the parties acknowledge and agree that these payments may or may not actually be royalties (such as might be charged in the event that a licensor’s intellectual property covers, is incorporated into, or otherwise relates to a licensee’s products) on Taurus intellectual property. Even if they are not such, they are nonetheless to constitute Net Sales Payments and to be understood to be (as a result of arm’s-length negotiations), consideration defined and paid (over a defined period of time) for access to and the right to use the Genus-Bos Company Intellectual Property or Other Company Intellectual Property, as the case may be, subject to the limitations described herein and together with Licensee’s other obligations hereunder.
Sample 1

Related to Net Sales Payment

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

  • 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.

  • Net Sales means [***].

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

  • Net Revenues means revenues less related expenses, including

  • Royalty Payment has the meaning set forth in Section 6.1.

  • Royalty Payments has the meaning set forth in Section 7.3.1.

  • 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 Sales Price with respect to each sale of Shares sold pursuant to this Agreement shall be the gross sales price per share of such Shares.

  • Sublicense Revenue means [***].

  • Sales Milestone Payment shall have the meaning set forth in Section 8.4.

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

  • Sublicense Revenues means [***].

  • Gross Profits means the gross profits calculated under section 4;

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

  • Volumetric Production Payments means production payment obligations recorded as deferred revenue in accordance with GAAP, together with all undertakings and obligations in connection therewith.

  • Sublicensing Revenue means all amounts (including, without limitation, payments received for the purchase of equity in excess of the fair market value of such equity, license fees, milestone and other time or event based payments and royalties on sales of products, but excluding any research funding payments received and actually used for such purpose) received by a Party under an agreement or license attributable to Collaboration Products or from sales of Collaboration Products to end users less any withholding tax or other tax related reductions.

  • Milestone Payment has the meaning set forth in Section 4.2.

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

  • Milestone Payment Date has the meaning set forth in Section 2.4(a).

  • 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.

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

  • Milestone Payments means payments made in connection with any Permitted Acquisition or other acquisition (including any license or the acquisition of any license) of any rights in respect of any drug or other pharmaceutical product (and any related property or assets) to sellers (or licensors) of the assets or Equity Interests acquired (or licensed) therein based on the achievement of specified revenue, profit or other performance targets (financial or otherwise).

  • Production Payment means a production payment obligation (whether volumetric or dollar denominated) of the Borrower or any of its Restricted Subsidiaries which are payable from a specified share of proceeds received from production from specified Oil and Gas Properties, together with all undertakings and obligations in connection therewith.

  • Royalty Year means, (i) for the year in which the First Commercial Sale occurs (the “First Royalty Year”), the period commencing with the first day of the Calendar Quarter in which the First Commercial Sale occurs and expiring on the last day of the Calendar Year in which the First Commercial Sale occurs and (ii) for each subsequent year, each successive Calendar Year.

  • Recovery Quarter has the meaning provided in Section 2.1(a)(ii) of this Commercial Shared-Loss Agreement.