Common use of Certain Financial Information Clause in Contracts

Certain Financial Information. Warnxx-Xxxxxxx xxxresents and warrants that the 1999 financial information provided to Horizon as of December 31, 1999, specifically, the gross sales, net sales, standard cost of goods and gross profit of the Product as set forth in Section X of the Offering Memorandum relating to the Product provided to Horizon, was based upon the information contained in the books and records of Warnxx-Xxxxxxx xxx, as such, are accurate in all material respects. As used herein, "net sales" shall mean the aggregate sales of Warnxx-Xxxxxxx xxx its Affiliates of Product to unaffiliated third parties (but not including sales between Warnxx-Xxxxxxx xxx its Affiliates) less (i) bad debts related to the Product, and (ii) sales returns and allowances, including, without limitation, trade, quantity and cash discounts and any other adjustments, including, but not limited to, those granted on account of price adjustments, billing errors, rejected goods, damaged goods, recalls, returns, rebates, chargeback rebates, fees, reimbursements or similar payments granted or given to wholesalers or other distributors, buying groups, health care insurance carriers or other institutions, freight and insurance charges billed to the customers, customs or excise duties, sales tax and other taxes (except income taxes) or duties relating to sales, and any payment in respect of sales to

Certain Financial Information. Warnxx-Xxxxxxx xxxresents and warrants that the certain 1999 financial information provided to Horizon as of December 31, 1999, specifically, the gross sales, net sales, standard cost of goods and gross profit of the Product as set forth in Section X of the Offering Memorandum relating to the Product provided to Horizon, was Territory were based upon the information contained in the books and records of Warnxx-Xxxxxxx xxx, as such, are accurate in all material respects. As used herein, "net sales" shall mean the aggregate sales of Warnxx-Xxxxxxx xxx its Affiliates of Product to unaffiliated third parties in the Territory (but not including sales between Warnxx-Xxxxxxx xxx its Affiliates) less (i) bad debts related to the Product, and (ii) sales returns and allowances, including, without limitation, trade, quantity and cash discounts and any other adjustments, including, but not limited to, those granted on account of price adjustments, billing errors, rejected goods, damaged goods, recalls, returns, rebates, chargeback rebates, fees, reimbursements or similar payments granted or given to wholesalers or other distributors, buying groups, health care insurance carriers or other institutions, freight and insurance charges billed to the customers, customs or excise duties, sales tax and other taxes (except income taxes) or duties relating to sales, and any payment in respect of sales toto any governmental or regulatory authority in respect of any Federal or state Medicaid, Medicare or similar program, all as determined in a manner consistent with the books and records of Warnxx-Xxxxxxx.