Sales to Distributors Sample Clauses

Sales to Distributors. It is understood and agreed that all sales of HIV Product by Inverness, its Affiliates and Sub-licensees to any Distributor shall be treated as Net Sales hereunder, and that subsequent sale of HIV Product by any such Distributor shall not be treated as Net Sales hereunder.
Sample 1Sample 2
AutoNDA by SimpleDocs
Sales to Distributors. It is understood and agreed that all sales of HIV Cassette Product by the seller, its Affiliates and Sub-licensees to any Distributor shall be treated as Net Sales hereunder, and that subsequent sale of HIV Cassette Product by any such Distributor shall not be treated as Net Sales hereunder. (y) “Party” or “Parties” shall mean each of Inverness and Chembio (but not their Affiliates). (z) “Patent Costs” shall mean the costs and expenses paid to outside legal counsel and other Third Parties, allocated in-house costs of legal counsel, and filing and maintenance expenses, incurred in connection with preparing, filing, prosecuting, obtaining and maintaining Patent Rights, including costs and expenses of patent interference, re-examination, reissue, opposition or similar proceedings. (aa) “Patent Prosecution Action” shall mean any and all actions that may be taken in connection with preparing, filing, prosecuting, obtaining and maintaining throughout the world patent protection for Patent Rights licensed hereunder, including patent applications and other related material submissions and correspondence with any patent authorities. (bb) “Patent Rights” shall mean all patents, patent applications and inventions on which patent applications are filed and all patents issuing therefrom worldwide, all disclosures of inventions, together with any extensions, registrations, confirmations, reissues, continuations, divisionals, continuations, continuations-in-part, reexamination certificates, substitutions or renewals, supplemental protection certificates, term extensions (under applicable patent law or other law), provisional rights and certificates of inventions. 5 (cc) “Person” shall mean an individual, corporation, partnership, limited partnership, limited liability company, unincorporated association, trust, joint venture or other organization or entity, including a governmental authority. (dd) “POC” or “Point of Care” shall mean an environment where sampling and testing is performed in the presence or near-presence of the patient. (ee) “QSRs” means current Quality Systems Regulations as promulgated by the FDA. (ff) “Related Documents” shall mean the Settlement Agreement and HIV Barrel Product Commercialization Agreement between SDS and Chembio, the License and Distribution Agreement between SDS and Inverness, the Non-Exclusive License, Marketing and Distribution Agreement between Chembio and Inverness, and the HIV Barrel License, Marketing and Distribution Agreement ...
Sample 1
Sales to Distributors. It is understood and agreed that all sales of HIV Cassette Product by the seller, its Affiliates and Sub-licensees to any Distributor shall be treated as Net Sales hereunder, and that subsequent sale of HIV Cassette Product by any such Distributor shall not be treated as Net Sales hereunder.
Sample 1
Sales to Distributors. The sale of GalliumArsenide Devices or Hi Rel Devices to distributors listed in Schedule 1.5.7 under the procedures of Section 2.5.2.
Sample 1
Sales to Distributors. It is understood and agreed that all sales of Licensed Product by the seller, its Affiliates and permitted Sub-licensees to any Distributor shall be treated as Net Sales hereunder, and that subsequent sale of Licensed Product by any such Distributor shall not be treated as Net Sales hereunder.
Sample 1
Sales to Distributors. Notwithstanding Section 5.3(b) above, for purposes of sales by a Party (or its Affiliates or sublicensees) to Third Party distributors ("Distributors"), Revenue shall be meant to include the [CONFIDENTIAL TREATMENT REQUESTED] such Party's (or its Affiliate's or sublicensee's) [CONFIDENTIAL TREATMENT REQUESTED] during the calendar quarter to which the Revenue calculation relates (excluding contract services), [CONFIDENTIAL TREATMENT REQUESTED] such Distributor during such quarter.
Sample 1
Sales to Distributors. For any sale of the Shares by the Investor to a distributor, a dealer or a person receiving a selling concession, fee or other remuneration prior to the expiration of the Distribution Compliance Period, the Investor covenants and agrees to send a confirmation or other notice to the purchaser stating that the purchaser is subject to the same restrictions on offers and sales of the Shares that apply to the Investor herein or by law. {A0034427.DOC} Exhibit 10.1
Sample 1
AutoNDA by SimpleDocs

Related to Sales to Distributors

  • Sub-Distributors MMLD may enter into sub-distributor’s agreements with persons (“Sub-Distributors”) pursuant to which MMLD delegates any or all of its functions hereunder to one or more Sub-Distributors provided that a majority of the Trust’s Board of Directors that are not interested persons of the Trust or MMLD approve the agreement. MMLD shall pay all compensation of any such Sub-Distributors and will have the right to terminate the services of any Sub-Distributor at any time on no more than 60 days’ notice.

  • Sales to Dealers You authorize the Manager to sell to Dealers (as defined below) such Securities purchased by you pursuant to the Underwriting Agreement as the Manager will determine. A “Dealer” will be a person who is: (a) a broker or dealer (as defined by FINRA) actually engaged in the investment banking or securities business, and (i) a member in good standing of FINRA, or (ii) a non-U.S. bank, broker, dealer, or other institution not eligible for membership in FINRA that, in the case of either clause (a)(i) or (a)(ii), makes the representations and agreements applicable to such institutions contained in Section 10.5 hereof, or (b) in the case of Offerings of Securities that are exempt securities under Section 3(a)(12) of the Securities Exchange Act of 1934 (the “1934 Act”), and such other Securities as from time to time may be sold by a “bank” (as defined in Section 3(a)(6) of the 1934 Act (a “Bank”)), a Bank that is not a member of FINRA and that makes the representations and agreements applicable to such institutions contained in Section 10.5 hereof. If the price for any such sales by the Manager to Dealers exceeds an amount equal to the Offering Price less the Selling Concession set forth in the applicable AAU, the amount of such excess, if any, will be credited to the accounts of the Underwriters as the Manager will determine.

  • By Distributor Distributor shall indemnify and hold harmless NW and each person who controls or is associated with NW within the meaning of such terms under the federal securities laws, and any officer, director, employee of NW or agent of the foregoing, against any and all joint or several losses, claims, damages or liabilities (including any investigative, legal and other expenses reasonably incurred in connection with, and any amounts paid in settlement of, any action, suit or proceeding or any claim asserted), to which NW and/or any such person may become subject under any statute or regulation, any NASD Rule or interpretation, at common law or otherwise, insofar as such losses, claims, damages or liabilities:

  • Conditions to Distribution (a) The consummation of the Distribution will be subject to the satisfaction, or waiver by Covidien in its sole and absolute discretion, of the following conditions:

  • Distributors In addition to direct sales to Clients, Supplier grants Accenture: (i) the right to resell Products and Services to a third-party distributor (“Distributor”) for resale to Client or to a financing company for leasing to Client.

  • Purchase of Products You agree to purchase from Us the hardware products, software licenses and services listed on the Order Form, together with all existing accessories, attachments, replacements, and additions (collectively the “Products”) upon the terms stated herein. For the avoidance of doubt, postage meters for use in mailing machines are excluded from the definition of Products. This Purchase Agreement is binding on You as of the date You sign it. This Purchase Agreement is not binding on Us until We sign it or until the Products are shipped, whichever happens first.

  • Sales to Affiliates No securities of the Company have been sold by the Company or by or on behalf of, or for the benefit of, any person or persons controlling, controlled by, or under common control with the Company from its inception through and including the date hereof, except as disclosed in the Registration Statement, the Statutory Prospectus and the Prospectus.

  • Sale of Products 11.1. All Products sold to the Customer shall remain the property of Proximus until they have been paid for in full, including all charges and taxes. In case of a deterioration of the Product, the unpaid part of the sales price shall become due immediately. For as long as the Customer has not paid the Product's sales price in full, the provisions relating to product rental shall apply.

  • Payments to the Distributor In consideration of the payments made by the Fund to the Distributor under this Plan, the Distributor shall provide administrative support services and distribution assistance services to the Fund. Such services include distribution assistance and administrative support services rendered in connection with Shares (1) sold in purchase transactions, (2) issued in exchange for shares of another investment company for which the Distributor serves as distributor or sub-distributor, or (3) issued pursuant to a plan of reorganization to which the Fund is a party. If the Board believes that the Distributor may not be rendering appropriate distribution assistance or administrative support services in connection with the sale of Shares, then the Distributor, at the request of the Board, shall provide the Board with a written report or other information to verify that the Distributor is providing appropriate services in this regard. For such services, the Fund will make the following payments to the Distributor:

Time is Money Join Law Insider Premium to draft better contracts faster.