Incremental Net Sales definition

Incremental Net Sales for a particular period means that portion of the Net Sales (as defined below) of each of the Products sold by MEC or any of its Affiliates to KO/MEC Distributors during each calendar year (prorated for any period less than a calendar year) that exceeds the Base Volume during such calendar year (prorated for any period less than a calendar year) (i.e. the excess only).

Incremental Net Sales means sales minus returns of Toyota Genuine Parts to Customers.

Incremental Net Sales means, with respect to any Product and any Contract Year, XXXXX for such Product in the Territory for such Contract Year XXXXX:

Examples of Incremental Net Sales in a sentence

• The Commission will be payable monthly in arrears within forty-five (45) days of the end of each month commencing the Effective Date based on MEC’s good faith estimate of Incremental Net Sales, and shall be reconciled to reflect actual Incremental Net Sales for each calendar quarter within sixty (60) days of the end of such calendar quarter.

• The rejecting Party will pay to the Proposing Party, pursuant to Section 10.14(b)(vii) and (viii), [***] percent ([***]%) of Incremental Net Sales of such Alliance Product until the Proposing Party has recovered [***] percent ([***]%) of the Proposing Party’s Development Costs for such Alliance Product, including any feasibility costs where an NPCD-Feasibility was rejected by the other Party.

• Together with such report, Wyeth shall pay to Impax an amount equal to XXXXX percent (XXXXX%) of each such Product’s Incremental Net Sales (the “Incentive Fee”) for such Contract Year.

• In the case of any Product that is Detailed under this Agreement for only a portion of a Contract Year (a “Partial Contract Year”), Incremental Net Sales shall be determined by reference to such Partial Contract Year by determining the following on the basis of such Partial Contract Year rather than the full Contract Year: XXXXX.

• Within ninety (90) days after the end of each Contract Year, Wyeth shall report to Impax the amount of Net Sales for each Product for which there were Incremental Net Sales during such Contract Year, the amount of Incremental Net Sales for each such Product for such Contract Year and the basis for Wyeth’s calculation thereof.

More Definitions of Incremental Net Sales

Incremental Net Sales for a particular period means that portion of the Net Sales (as defined below) of each of the Products sold by XXX or any of its Affiliates to KO/XXX Distributors during each calendar year (prorated for any period less than a calendar year) that exceeds the Base Volume during such calendar year (prorated for any period less than a calendar year) (i.e., the excess only). For the purpose of determining the applicable Incremental Net Sales, any Net Sales to Coca-Cola Enterprises prior to the Effective Date shall not be included in the Base Volume (i.e., all Net Sales to Coca-Cola Enterprises from and after the Effective Date shall be included in Incremental Net Sales). *** Indicates portions of this exhibit have been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment.

Incremental Net Sales means Net Sales in the Territory of a Licensed Product determined as follows:

Incremental Net Sales shall have the meaning assigned to such term in Section 5.3.5.

Incremental Net Sales means [*****]. “Gross Margin” shall mean [*****]. Acura’s receipt of the Gross Margin payment described above (“Co-Promotion Payment”) will be in lieu of the royalty payments otherwise payable to Acura under the Agreement calculated based on Incremental Net Sales resulting from prescriptions written by the health care providers contained in Acura’s list provided to Egalet pursuant to Section 5.3.13. Co-Promotion Payments in respect of a Calendar Quarter shall be paid within forty-five (45) days; (or if later, within thirty (30) days following Acura’s provision to Egalet of Acura’s Detail report described in Section 5.3.9) after the end of such Calendar Quarter. For clarity, Acura will not be entitled to a Co-Promotion Payment in respect of any prescriptions written by health care providers that are not Acura’s list provided to Egalet pursuant to Section 5.3.13, even if Acura has Detailed such providers. Notwithstanding the foregoing, Egalet shall be responsible for all distribution activities relating to the Product.

Incremental Net Sales means the amount by which the Net Sales of the Product for a particular period exceeds the Baseline Net Sales Amount for such period.

Incremental Net Sales means:

Incremental Net Sales means the difference between the Period Net Sales of the Selected Business, taken as a whole, for a Compensation Period, minus the Period Net Sales of the Selected Businesses, taken as a whole, for the prior Compensation Period or, in the case of the first Compensation Period, for the twenty-four (24) months ending on the date before the first day of the first Compensation Period; provided however, that if such difference results in a negative number, such number shall be treated as “zero” under this Agreement.