Wholesale Net Sales definition

Wholesale Net Sales means gross amounts of shipments, as invoiced, directly or indirectly, by or under authority from Licensee, of Products, in any transaction in commerce, less (a) all reasonable and customary trade discounts and allowances to the extent actually taken, (b) reasonable and customary quantity discounts, separately shown on invoices and properly taken by customers (provided, however, that such discounts will not exceed (***)of net invoice sales (sales to distributors at customary and reasonable distributor pricing shall not be considered a quantity discount); and (c) all returns of Products for credit (returns shall be allocated as discounted or full-price in the ratio of actual discounts given). All of the allowable discounts and deductions listed in (a) through (c) above shall only be permitted to the extent supported by credit memoranda and/or invoices issued to customers. In computing Wholesale Net Sales, no direct or indirect expenses or costs incurred in connection with paying Royalties due under this Agreement (including transferring funds for Royalties or converting currency into United States Dollars if applicable) or manufacturing, selling, distributing, importing or advertising the Products shall be deducted, nor shall any deduction be made for uncollectible accounts.
Sample 1
Wholesale Net Sales means gross amounts of shipments, as invoiced, directly or indirectly. by or under authority from Licensee, of Products, in any transaction in commerce, through the Distribution Channels, less (a) all customary trade discounts and allowances to the extent actually taken, (b) quantity discounts, separately shown on invoices and properly taken by customers (provided. however, that such discounts will not exceed (***) percentof net invoice sales (sales to distributors at distributor pricing shall not he considered a quantity discount): and (c) all returns or Products for credit (returns shall he allocated as discounted or full-price in the ratio of actual discounts given). All of the allowable discounts and deductions listed in (a) through (c) above shall only be permitted to the extent supported by credit memoranda and/or invoices issued to customers. In computing Net Sales, no direct or indirect expenses or costs incurred in connection with paying royalties due under this Agreement (including transferring funds for royalties or converting currency into United States Dollars if applicable) or manufacturing, selling, distributing, importing or advertising the Products shall be deducted, nor shall any deduction be made for uncollectible accounts.
Sample 1
Wholesale Net Sales means gross amounts of shipments, as invoiced , directly or indirectly, by or under authority from Licensee, of Products, in any transaction in commerce, through the Distribution Channels, less, without double counting, (a) all customary trade discounts and allowances to the extent actually taken, (b) quantity discounts, separately shown on invoices and properly taken by customers (provided, however, that such discounts will not exceed twenty percent (20%) of net invoice sales (sales to distributors at distributor pricing shall not be considered a quantity discount)); and (c) all returns of Products for credit (returns shall be allocated as discounted or full-price in the ratio of actual discount s given). All of the allowable discounts and deductions listed in (a) through (c) above shall only be permitted to the extent they are supported by credit memoranda and/or invoices issued to customers, (ii) represent actual discounts, allowances and credits (and not reserves therefor) and (iii) are not the result of or in connection with the purchase or return of any product or service other than Products. In computing Net Sales, no direct or indirect expenses or costs incurred in connection with paying royalties due under this Agreement (including transferring funds for royalties or converting currency into United States Dollars if applicable) or manufacturing, selling, distributing, importing or advertising the Products shall be deducted, nor shall any deduction be made for uncollectible accounts. If sales are made to any party controlled by, controlling, under common control or otherwise affiliated with or related to Licensee, (x) the Net Sales shall be computed based upon the regular wholesale price for such Products charged to unrelated third parties if such regular wholesale price is higher than what is actually charged and (y) discounts, deductions and credits shall be no greater than those allowed to unrelated third parties. No costs incurred, including but not limited to those incurred by Licensee, customers or other third parties, in the manufacturing, selling, marketing , advertising or distributing of the Products shall be deducted. All transactions shall be at arm's length for fair market value.
Sample 1

Examples of Wholesale Net Sales in a sentence

  • Products purchased by Licensor or its Affiliates shall not be included in the calculation of Wholesale Net Sales and no Royalty shall be payable to Licensor in connection therewith.

  • All Products purchased by any affiliates of Licensor or Artist shall be sold to them at licensee's wholesale price and shall be included in Wholesale Net Sales for all purposes hereunder, including calculations of Royalties and GMR.

  • All Products purchased by Licensor/Artist shall be sold at best available distributor prices and be excluded from the Wholesale Net Sales as defined herein.

  • Royalties shall be paid in United States Dollars, unless otherwise agreed to in writing by the parties, with the applicable exchange rate used as published in The Wall Street Journal on the date of Licensee's receipt of any Wholesale Net Sales in a foreign currency.

  • All Products purchased by Licensor or Artist shall be sold to them at cost and be excluded from the Wholesale Net Sales for all purposes hereunder, including calculations of Royalties payable to Licensor and GMR.

  • During each year of the Initial Term, Adrenalina shall pay to the Licensor on a pro-rated quarterly basis on the anniversary of the first shipment the guaranteed minimum royalty ("GMR") for such year set forth below, which GMR is based on Minimum Wholesale Net Sales forecasts, as stipulated hereunder.

  • The Minimum Advertising Commitment for any Annual Period shall not reduce or otherwise decrease the calculation of Wholesale Net Sales, GMR or Royalty payments.

  • Should Licensee achieve Ten Million Dollars ($10,000,000) in Wholesale Net Sales in any single year of the Term, the Agreement shall automatically be extended for a five (5) year renewal term (the "Renewal Term") to commence immediately upon and subsequent to Year 5 of the Initial Term.

  • ID Perfumes agrees to spend during each Annual Period the greater of the amounts set forth in the table in Section 7 or *** of Wholesale Net Sales in Annual Period One or any Annual Period in which a new Product is launched or *** of Wholesale Net Sales in any Annual Period other than Annual Period One or any Annual Period in which a new Product is launched on Consumer Advertising , as defined below ("Minimum Advertising Commitment").

  • Adrenalina shall pay royalties equal to five percent (5%) of Wholesale Net Sales (the "Royalties") directly to Licensor, c/o Creative Artists Agency, 0000 Xxxxxx xx xxx Xxxxx, Xxx Xxxxxxx, XX 00000, Attn.: Xxxxxxxxx Xxxxxx, on a quarterly basis within Thirty (30) days following the close of each calendar quarter.


More Definitions of Wholesale Net Sales

Wholesale Net Sales means gross amounts of shipments, as invoiced , directly or indirectly, by or under authority from Licensee, of Products, in any transaction in commerce, through the Distribution Channels, less, without double counting, (a) all customary trade discounts and allowances to the extent actually taken, (b) quantity discounts, separately shown on invoices and properly taken by customers (provided, however, that such discounts will not exceed ****of net invoice sales (sales to distributors at distributor pricing shall not be considered a quantity discount)); and (c) all returns of Products for credit (returns shall be allocated as discounted or full-price in the ratio of actual discount s given). All of the allowable discounts and deductions listed in (a) through (c) above shall only be permitted to the extent they *Certain marked portions of the exhibit have been omitted based on a request for confidential treatment. Non-public information that has been redacted has been filed with the Commission.
Sample 1
Wholesale Net Sales means the gross sales price for all WR Products sold by or on behalf of WRS to purchasers for resale (including sales made to third-party operators of Internet websites), less actual deductions taken and incurred, including, but not limited to, (i) actual returns and (ii) actual discounts and allowances, including, but not limited to, season ending allowances, vendor retagging and/or xxxx-xxxxx, and freight separately charged. In computing Net Sales, no costs incurred in manufacturing, selling, advertising or distributing the WR Products and no indirect expenses shall be deducted. If WR Products are sold by or on behalf of WRS to any Affiliate of WRS at an invoice price that is less than the price at which such WR Products are sold to non-Affiliates, then the invoice price to the Affiliate of WRS, for purposes of calculating Net Sales, shall be deemed to be the current invoice price charged to non-Affiliates of WRS. Notwithstanding the foregoing, “Wholesale Net Sales” shall not include sales of WR Products by or on behalf of WRS to any Affiliate of WRS purchasing or otherwise acquiring such WR Products for resale to end-users in Xxxxxxx Xxxx® branded retail stores, provided that the sale of such WR Products are included in the calculation of Retail Net Sales pursuant to this Agreement.
Sample 1
Wholesale Net Sales means gross amounts of shipments, as invoiced, directly or indirectly, by or under authority from Licensee, of Products, in any transaction in commerce, less (a) all reasonable and customary trade discounts and allowances to the extent actually taken, (b) reasonable and customary quantity discounts, separately shown on invoices and properly taken by customers (provided, however, that such discounts will not exceed fifteen percent (15%) of net invoice sales (sales to distributors at customary and reasonable distributor pricing shall not be considered a quantity discount); and (c) all returns of Products for credit (returns shall be allocated as discounted or full-price in the ratio of actual discounts given). All of the allowable discounts and deductions listed in (a) through (c) above shall only be permitted to the extent supported by credit memoranda and/or invoices issued to customers. In computing Wholesale Net Sales, no direct or indirect expenses or costs incurred in connection with paying Royalties due under this Agreement (including transferring funds for Royalties or converting currency into United States Dollars if applicable) or manufacturing, selling, distributing, importing or advertising the Products shall be deducted, nor shall any deduction be made for uncollectible accounts. "Product Categories" shall mean fragrances for men, women, and children and related products customarily used in Collateral Materials and Gift with Purchases (the exclusivity relating to Products should apply to "related products" only insofar as such related products are used in Collateral Materials (i.e., a gift scarf as part of a fragrance purchase does not expand the exclusivity to scarfs). 1 "Products" shall mean the Product Categories embodying the Trademark. "Collateral Materials- shall mean all packaging, labels, press releases, advertising, promotion displays, testers, samples, gift with purchase, or other materials of any and all types prepared in connection with the Products. "Initial Term" shall be Five (5) years. Year I begins at first shipment but in no event later than 18 months following execution.. "Term" shall mean the initial term of this Agreement and any validly exercised renewal terms, as further described herein. "Effective Date" shall mean the date the Agreement is fully executed as stated above. Launch Date": Licensee anticipates that the first fragrance launch will be scheduled for introduction on or about November 2012. "Royalty" or "Royalties...
Sample 1

Related to Wholesale Net Sales

  • Net Sales means [***].

  • Cannabis wholesaler means any licensed person or entity that purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers.

  • Tobacco products means cigars, cigarettes, cheroots, stogies, periques, granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco, snuff, snuff flour, moist snuff, cavendish, ping and twist tobacco, fine-cut and other chewing tobaccos, shorts, refuse scraps, clippings, cuttings and sweepings of tobacco, and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking.

  • Combination Products means COBI Combination Products, EVG Combination Products, TDF Combination Products, TAF Combination Products and Quad Product.

  • Marijuana-infused products means products that contain marijuana or marijuana extracts and are intended for human use. The term "marijuana-infused products" does not include useable marijuana.

  • Marihuana-infused product means a topical formulation, tincture, beverage, edible substance, or similar product containing marihuana and other ingredients and that is intended for human consumption.

  • Tobacco product means any substance containing tobacco leaf, including but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, blunts, clove cigarettes, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body by inhalation; but does not include any cessation product specifically approved by the U.S. Food and Drug Administration for use in treating nicotine or tobacco dependence.

  • Wholesaler means any person, other than a vintner, brewer or bottler of beer or wine, who shall sell, barter, exchange, offer for sale, have in possession with intent to sell, deal or traffic in alcoholic liquor, wine, or beer. A wholesaler shall not sell for consumption upon the premises.

  • Annual Net Sales means, with respect to any Calendar Year, the aggregate amount of the Net Sales for such Calendar Year.

  • Business Products means all products or services that have been or are currently sold, licensed, provided, supported, distributed or otherwise disposed of by the Business, including all products or services in development.

  • Hemp products means all products made from industrial hemp,

  • Generic Product means a product which (a) contains as its active pharmaceutical ingredient a compound that is (or is substantially the same as) the Licensed Compound, and (b) has been placed on the market pursuant to a validly granted marketing authorization.

  • Wholesale means a sale for the purpose of resale."

  • Licensed Products means tangible materials which, in the course of manufacture, use, sale, or importation, would be within the scope of one or more claims of the Licensed Patent Rights that have not been held unpatentable, invalid or unenforceable by an unappealed or unappealable judgment of a court of competent jurisdiction.

  • Wholesale drug distributor means anyone engaged in the

  • Refined Products means gasoline, diesel fuel, jet fuel, asphalt and asphalt products, and other refined products of crude oil.

  • Wholesale distributor means any person other than a manufacturer, a manufacturer's co-licensed

  • Marijuana wholesaler means a person who purchases marijuana items in this state for resale to a person other than a consumer.

  • Licensed Services means all functions performed by the Licensed System.

  • Cannabis products means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

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

  • Marijuana products means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures.

  • wholesale customer means a natural or legal person purchasing electricity for the purpose of resale inside or outside the system where he is established;

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

  • Royalty Product means, either (a) an Alnylam Royalty Product, or (b) an Inex Royalty Product.

  • Video lottery terminal sales agent means a lottery sales agent licensed under Chapter 3770. of the ORC to conduct video lottery terminals on behalf of the state pursuant to Section 3770.21 of the ORC.