First Sale Date definition

First Sale Date means the date of first sale of MosaiQ™ consumables in respect of the Applicable Market by the Seller (or any Affiliate, licensee or other commercial partner thereof).

First Sale Date means the date of first sale of Product consumables in respect of the Applicable Market by the Seller (or any Affiliate, licensee or other commercial partner thereof).

First Sale Date means the date on which a Handheld Ultrasound Device or a Highly Portable Ultrasound Device is sold or otherwise transferred for monetary consideration by SonoSight, its subsidiaries, licensees or its agents and delivered to any party unrelated to any of them. For the purposes of this Section the term "net revenues" shall mean the revenues from the sale and/or maintenance of Handheld Ultrasound Devices or Highly Portable Ultrasound Devices, less any taxes (except income taxes) on the Devices, credits for returned Devices, quantity discounts actually given by SonoSight, freight allowances, cash discounts actually given by SonoSight, and any agent's commissions actually paid by SonoSight. For the purposes of the calculation of the payments required to be made to ATL, the net revenues from the sale of Devices sold to a related or affiliated entity of SonoSight for subsequent resale by the entity shall not be used to calculate the payment due to ATL. In that instance, the payment due to ATL shall be calculated based upon the net revenues of the related or affiliated entity from end customers, less any taxes (except income taxes) on the Devices, credits for returned Devices, quantity discounts actually given by the entity, freight allowances, cash discounts actually given by the entity, and any agent's commissions actually paid by the entity. With respect to revenues in a currency other than United States Dollars, for the purposes of the calculation and the determination of the payment due to ATL, the amount payable to ATL shall be the net revenue converted into United States Dollars using the average of (a) the 4:00 P.M. New York foreign exchange selling rates in effect on the last business day of the calendar quarter, and (b) the 4:00 P.M. New York foreign exchange selling rates in effect on the first business day of the calendar quarter, as reported in the Currency Trading section of The Wall Street Journal, or by converting the net revenue into United States Dollars using another international foreign exchange index acceptable to ATL in effect on the applicable date.

Examples of First Sale Date in a sentence

• The Seller shall promptly furnish to the Purchaser all relevant information and documentation in connection with this Royalty Right Agreement that the Purchaser may reasonably request in connection with the determination of whether or when the First Sale Date occurred and whether the calculation of MosaiQ™ Net Sales or a Royalty Right Payment Amount is in error.

• The Issuer shall promptly furnish to the Holder all relevant information and documentation in connection with this Royalty Right Agreement that the Holder may reasonably request in connection with the determination of whether or when the First Sale Date occurred and whether the calculation of MosaiQ™ Net Sales or a Royalty Right Payment Amount is in error.

• The Registration Statement, at the First Sale Date, each such time this representation is repeated or deemed to be made, and at all times during which a prospectus is required by the Act to be delivered (whether physically or through compliance with Rule 172, 173 or any similar rule) in connection with any offer or sale of the Shares, meets the requirements set forth in Rule 415(a)(1)(x).

• The initial Effective Date of the Registration Statement was not earlier than the date three years before the First Sale Date.

• After the first anniversary of the First Sale Date by an ABBOTT Affiliate to a Third Party in a Major Country in the Territory, ABBOTT shall make minimum royalty payments to SONUS based on fifty percent (50%) of the mutually agreed annual Net Sales forecast for that Major Country.

More Definitions of First Sale Date

First Sale Date means on a Country-by-Country basis the earlier of: (i) the date of the first sale by ABBOTT or an ABBOTT Affiliate or sublicensee to a Third Party; or (ii) the date ninety (90) days after Regulatory Approval (as defined below).

First Sale Date means the date of the first commercial sale of any Ampreloxetine Product into the stream of commerce following the first to occur of the first Regulatory Approval by either (1) the FDA or (2) the first of (A) the EMA or (B) all four of Germany, France, Italy and Spain (with respect to national Regulatory Approval).

First Sale Date means the first date on which Shares are sold on an agency basis by the Manager, according to the terms hereof.

First Sale Date means the first date on which TMC sells Drug Product to a Third Party which contains Product supplied by UCB hereunder and manufactured through the Chemilog Process.

First Sale Date means the earlier of: (i) the date of the first sale of the Product in a given Major Country following the Approval Date

First Sale Date has the meaning set forth in Section 9 of this Agreement. ---------------

First Sale Date means the earlier of: (i) the date of the first sale of the Product in a given Major Country following the Approval Date(as defined [*] CONFIDENTIAL PORTIONS OMITTED AND FILED SEPARATELY WITH COMMISSION