Operating Profits or Losses definition

Operating Profits or Losses means, with respect to any Fiscal Year, the Profits or Losses of the Partnership for such Fiscal Year other than Profits or Losses from a Capital Transaction.

Operating Profits or Losses shall have the meaning set forth in Exhibit A of the Collaboration Agreement.

Operating Profits or Losses means Gross Profit for Shared Products and Companion Diagnostics for U.S. Administration less the Allowable Expenses for such Shared Products and Companion Diagnostics. The Parties agree that Operating Profits or Losses will not include costs or expenses of a Party or its Affiliates or Licensee Partners that are: (i) [***], or (ii) [***].

Examples of Operating Profits or Losses in a sentence

• SECOND: The address of the Corporation's registered office in the State of Delaware is Corporation Trust Center, 1209 Orange Street, in the City of Wilmington, County of New Castle 19801.

• For so long as the Parties are entitled to receive a share of Operating Profits or Losses on any Franchise Product hereunder, Genentech agrees to keep IDEC informed as to the existence of research and/or development activities regarding Potential New Products other than G2H7.

• Development Costs for Development of Products in the U.S. (i.e., the costs of those Development activities required to be undertaken to obtain Marketing Approval in the U.S.) shall be shared by the Parties in the same proportion as the Parties shall share Operating Profits or Losses in the U.S. pursuant to Section 4.5. Each Party shall be responsible for expenses incurred by it in excess of the Development Budget pertaining thereto, unless otherwise approved by Steering Committee.

• Such sharing of Collaboration Operating Profits (or Losses) for a particular Product shall cease upon exercise of the Opt-Out Option for such Product.

• Commercialization Costs for Commercialization of Products in the U.S. (i.e., the costs of those Commercial activities required to be undertaken to effectively market the Product in the U.S.) shall be shared by the Parties in the same proportion as the Parties shall share U.S. Operating Profits or Losses pursuant to Section 4.5.

More Definitions of Operating Profits or Losses

Operating Profits or Losses has the meaning provided in Section 4.5.

Operating Profits or Losses means, for all Products in the Territory, the profits or losses calculated in accordance with Schedule 9.3 (Profit and Loss Share).

Operating Profits or Losses means the profits or losses resulting --------------------------- from the Commercialization of Collaboration Products in the Co-Promotion Territory and shall be equal to *****. A separate determination of Net Sales and Operating Profits or Losses shall be made for each Collaboration Product as outlined in Exhibit B. In the event multiple Collaboration Products are being marketed under this Agreement, the individual statements of Operating Profits or Losses shall then be combined into a single statement of Operating Profits or Losses for purposes of overall accounting between the Parties.

Operating Profits or Losses means, on a Licensed Product-by-Licensed Product basis, Net Sales of Licensed Products in the United States less the following items with respect to each Licensed Product, all for a given period: Cost of Sales, Marketing Costs, Sales Costs, Development Costs, General and Administrative Costs, Distribution Costs, and Other Operating Income/Expense.

Operating Profits or Losses means Gross Sales of all Profit Share Products plus any Sublicensing Revenue for all Profit Share Products less the following items with respect to each Profit Share Product, all for a given period: Sales Returns and Allowances, Cost of Sales, Marketing Costs, Sales Costs, Development Costs, Other Operating Income/Expense, Distribution Costs, and General and Administrative Costs, all of which as properly chargeable and allocable on a Profit Share Product-by-Profit Share Product basis. All calculations will be made using, and all defined and undefined terms will be construed in accordance with GAAP and consistent with generally accepted costing methods (including appropriate Allocable Overhead) for similar products in the pharmaceutical industry.

Operating Profits or Losses means, for all Products in the Profit-Share Territory, the profits or losses calculated in accordance with Schedule 10.2.1 (Profit and Loss Share).

Operating Profits or Losses means [***].