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.

• Upon the first Regulatory Approval in the United States, IDEC and Genentech shall share in Operating Profits or Losses from sales of Franchise Products in the Co-Promotion Territory as provided in Exhibit A.

• The terms and conditions of this Section 11.3 shall govern each Party’s rights and obligations with respect to Operating Profits (or Losses) relating to each Joint Product in the Profit Share Region.

• The terms and conditions of this Section 8.2 shall govern each Party’s rights and obligations with respect to Operating Profits (or Losses) relating to each Product in the U.S. For clarity, PDL shall have no right to share Operating Profits, and no obligation to bear any Operating Losses, in each case pursuant to this Section 8.2, with respect to any Product in the Royalty Territory and PDL shall instead be entitled to receive from BMS royalties pursuant to Section 8.5(a).

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

More Definitions of Operating Profits or Losses

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

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, 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 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 [***].

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.