Parent Products Clause Samples

Parent Products. Any Parent Products that are sold by any sales personnel who (a) were employed (or contracted) by the Company or any of its Subsidiaries on the Merger Closing Date or (b) are employed (or contracted) by the Surviving Corporation, or otherwise primarily dedicated to sales of Company Products (such employees in clauses (a) and (b), the “Company Salesforce”), during the Milestone Measurement Period (determined based on Guarantor’s ordinary course procedures for attributing sales of products to sales representatives and any related commission-based sales agreements), shall be deemed to be sales of “Products” and shall be included in the calculation of Net Revenue. For avoidance of doubt, sales of any Parent Product that are not sold by the Company Salesforce shall not be included in the calculation of Net Revenue.