Sales and Marketing Costs means […***…].
Sales and Marketing Costs means, with respect to a Product, the total costs incurred by Xxxx in a given Calendar Quarter to sell the Product in the Territory, including but not limited to, [*]. The Parties agree that such Sales and Marketing Costs will be (i) deemed to be equal to [*], or (ii) in the event a Third Party markets the Product, the actual payments made by Xxxx to the Third Party for such sales or marketing activities.
Sales and Marketing Costs means all costs and expenses relating to advertisements and selling literature or brochures, third party broker due diligence costs in excess of $250,000.00 in the aggregate, sales meetings, sales training sessions, investor meetings, website hosting and other expenses directly related to the offer and sale of securities by the BDC pursuant to the Registration Statement. For the avoidance of doubt, the parties acknowledge and agree that for purposes of this Agreement, registration fees, the cost of printing, mailing or otherwise distributing prospectuses, attorney fees, accounting fees, state registration fees, FINRA filing fees, other filing fees, costs of organizing the BDC, third party broker due diligence costs (up to $250,000.00 in the aggregate) and similar costs and expenses not directly related to the offer and sale of securities by the BDC are not Sales and Marketing Costs. For the further avoidance of doubt, the parties acknowledge and agree that the Adviser shall be solely responsible for the payment of the first $2,000,000.00 of Non-Reimbursable Expenses as well as any Sales and Marketing Costs, in each case not otherwise reimbursable by the BDC to the Adviser or its Affiliates.
Examples of Sales and Marketing Costs in a sentence
Except as otherwise provided in this Section 5.10, the Parties will share all costs of a Recall with respect to any Collaboration Product as Sales and Marketing Costs.
For the further avoidance of doubt, the parties acknowledge and agree that the Adviser shall be solely responsible for the payment of the first $2,000,000.00 of Non-Reimbursable Expenses as well as any Sales and Marketing Costs, in each case not otherwise reimbursable by the BDC to the Adviser or its Affiliates.
For clarity, each Party’s expenses in connection with the activities described in this Section 5.9 will be included as Sales and Marketing Costs or Distribution Costs, as appropriate.
The Parties shall share, pursuant to Section 6.7, the costs and expenses incurred by the Parties with respect to co-promotion under the Co-Promotion Agreement solely to the extent that such costs and expenses are included in Net Profits/Net Losses; provided, that each Party shall bear its own costs with respect to promotion by its internal sales force and such costs shall not be included in the calculation of Sales and Marketing Costs or Allowable Expenses hereunder.
For the avoidance of doubt, payment or reimbursement to the Sub-Adviser for services provided in clause (iii) of Section 11(a) above shall be deemed Sales and Marketing Costs.
More Definitions of Sales and Marketing Costs
Sales and Marketing Costs means the direct costs that are directly attributable and reasonably allocated to the sales and marketing of a Collaboration Product in Field in the Territory. [ * ], Sales and Marketing Costs shall consist of: (a) activities directed to the advertising and marketing of a Collaboration Product in the Territory; (b) professional education (to the extent not performed by sales representatives), including launch meetings; (c) costs of advertising, public relations and medical education agencies with respect to a Collaboration Product in the Territory; (d) peer-to-peer activities with respect to a Collaboration Product in the Territory, such as continuing medical education, grand rounds, and lunch and dinner meetings; (e) speaker programs with respect to a Collaboration Product in the Territory, including the training of such speakers; (f) grants to support continuing medical education or research (excluding costs associated with Clinical Trials other than Phase IV Clinical Studies for a Collaboration Product for purposes other than label expansion and Regulatory Approval); (g) development, publication and dissemination of publications with respect to a Collaboration Product in the Territory; (h) developing, obtaining and providing training with respect to a Collaboration Product in the Territory, as well as training packages, promotional literature, promotional materials and other selling materials with respect to a Collaboration Product in the Territory; (i) developing and performing market research with respect to a Collaboration Product in the Territory; (j) conducting symposia and opinion leader development activities with respect [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. to a Collaboration Product in the Territory; (k) developing reimbursement programs with respect to a Collaboration Product in the Territory; (l) developing information and data specifically intended for national accounts, managed care organizations and group purchasing organizations with respect to a Collaboration Product in the Territory; (m) losses incurred in connection with claims set forth in Section 13.5, to the extent provided therein; (n) costs of transporting, housing and maintaining sales representatives for training with respect to a Collaboration Product in the Territory; (o)...
Sales and Marketing Costs means those FTE Costs incurred and the direct out-of-pocket costs, including costs for independent contractors engaged as permitted under the Collaboration Agreement, recorded as an expense by a Party or any of its Affiliates in accordance with Accounting Standards, after the effective date, during the term of and pursuant to the Collaboration Agreement that are specifically identifiable or reasonably allocable to the sales and marketing of a Net Profit/Loss Split Product. Sales and Marketing Costs shall include amounts paid by a Party to Third Parties that are specifically identifiable to the commercialization of a Net Profit/Loss Split Product by such Third Party, but excluding any Third Party Payments. Subject to the foregoing, Sales and Marketing Costs include costs incurred in connection with the following activities (but in each case only to the extent specifically identifiable or reasonably allocable to the sales and marketing of a Net Profit/Loss Split Product):
(i) activities directed to the advertising and marketing of a Net Profit/Loss Split Product, including the use of a Party’s global marketing personnel or marketing personnel specifically allocated to countries in the Net Profit/Loss Split Territory;
(ii) launch meetings;
(iii) advertising and public relations agencies, including development and distribution of selling and advertising and promotional materials relating to the use of a Net Profit/Loss Split Product, field literature, direct-to-consumer advertising campaigns, media/journal advertising, distribution of such advertising and promotional materials by a Party to its sales force personnel, exhibiting at seminars and conventions, convention costs, and promotional premiums;
(iv) peer-to-peer activities such as lunch and dinner meetings;
(v) speakers programs, including training of such speakers;
(vi) developing, obtaining, and providing training packages for a Net Profit/Loss Split Product, promotional literature, promotional materials, and other selling materials, including shipment costs of the same to a Party’s central distribution facility and from a Party’s central distribution facility to its sales force personnel;
(vii) transporting, housing and maintaining sales representatives for training and the costs of all training materials used for such purpose;
(viii) developing and performing market research;
(ix) developing reimbursement programs;
(x) developing information and data specifically intended for national accounts, manage...
Sales and Marketing Costs means the direct costs that are specifically identifiable to the sales and marketing of a Product in the U.S. and that are compliant with U.S. federal regulations, including: (a) activities directed to the advertising and marketing of a Product in the U.S.; (b) professional education in the U.S. for U.S.-based professionals (to the extent not performed by sales representatives), including launch meetings; (c) costs of advertising, public relations and medical education agencies with respect to a Product in the U.S.; (d) peer-to-peer activities with respect to a Product in the U.S., such as continuing medical education, grand rounds, and lunch and dinner meetings; (e) speaker programs with respect to a Product in the U.S., including the training of such speakers; (f) grants to support continuing medical education or research (excluding Clinical Costs); (g) development, publication and dissemination of publications with respect to a Product in the U.S.; (h) developing, obtaining and providing training with respect to a Product in the U.S., as well as training * Certain information on this page has been omitted and filed separately with the SEC. Confidential treatment has been requested with respect to the omitted portions. packages, promotional literature, promotional materials and other selling materials with respect to a Product in the U.S.; (i) developing and performing market research with respect to a Product in the U.S.; (j) conducting symposia and opinion leader development activities with respect to a Product in the U.S.; (k) developing reimbursement programs with respect to a Product in the U.S.; (l) developing information and data specifically intended for national accounts, managed care organizations and group purchasing organizations with respect to a Product in the U.S.; (m) Losses incurred in connection with claims set forth in Section 13.3, to the extent provided therein; (n) costs of transporting, housing and maintaining sales representatives for training with respect to a Product in the U.S.; (o) conducting Phase IV Clinical Trials for Products, and clinical trials performed on the Product for U.S. marketing purposes and post-marketing surveillance activities; and (p) administration, operation and maintenance of the sales force that promotes a Product in the U.S., sales bulletins and other communications, sales meetings, specialty sales forces, consultants, call reporting and other monitoring/tracking costs, district and regional sales manag...
Sales and Marketing Costs means those FTE costs of Sanofi or its Affiliates and direct out-of-pocket costs (wherever incurred), including costs for independent contractors engaged as permitted under this Agreement, recorded as an expense by Sanofi or its Affiliates that are specifically identifiable or reasonably allocable to the sales and marketing of the Optioned Product, including a reasonable allocation of Sanofi’s global marketing personnel and marketing personnel specifically allocated to the United States and out-of-pocket costs incurred with respect to such personnel, all such costs as consistently applied across all of Sanofi’s commercial products, with respect to the following activities:
Sales and Marketing Costs means all direct and indirect costs of MKG and Metasyn (including without limitation, cost associated with receivables and inventory) specifically allocable to the sale and marketing of the Licensed Products and Launch Costs, as more fully described in Appendix V hereto.
Sales and Marketing Costs means [***]
Sales and Marketing Costs means, with respect to a Joint Product in the applicable Profit Share Territory for any period, the direct out-of-pocket costs paid to Third Parties recorded as an expense in accordance with GAAP that are incurred by or on behalf of a Party or any of its Affiliates after the Effective Date and during the Term and that are specifically identifiable or reasonably allocable to the marketing and promotion of such Joint Product in the applicable Profit Share Territory for such period. Subject to the foregoing, Sales and Marketing Costs shall include costs incurred in connection with the following activities (but in each case only to the extent specifically identifiable or reasonably allocable to the marketing and promotion of such Joint Product in the applicable Profit Share Territory):