Net Sales of Products definition
Net Sales of Products means the gross amounts invoiced for sales of Products by Signal or Nippon Kayaku, as the case may be, and its Affiliates and sublicensees to Third Parties pursuant to one or more of the licenses granted under Article 6 less (a) discounts actually granted, (b) credits or allowances actually granted upon claims, damaged goods, rejections or returns of any such Product, including recalls, (c) freight, postage, shipping and insurance charges actually allowed or paid for delivery of any such Product, to the extent billed and (d) taxes, duties or other governmental charges (other than income taxes) levied on, absorbed or otherwise imposed on sales of any such Products. Sales of Products for use in clinical trials prior to receipt of regulatory approval for such Products shall not be included in Net Sales of Products.
Net Sales of Products means all amounts received by e-nut and/or an Affiliate of e-nut from sales of Products or Additional Products to a third party, less deductions for royalties to other parties and credits or allowances actually granted upon claims, rejections or returns of Products or Additional Products, including recalls.
Net Sales of Products has the meaning set forth in Exhibit B.
Examples of Net Sales of Products in a sentence
Each payment of royalties shall be accompanied by a report of Net Sales of Products in sufficient detail to permit confirmation of the accuracy of the royalty payment made.
Royalty payments and reports for Net Sales of Products shall be calculated in local currencies and reported for each calendar quarter.
ABX shall invoice GNE for any such amounts [*] on such Net Sales within [*] after receiving the report from GNE under Section 4.1 setting forth the quarterly Net Sales of Products in each country and/or any annual reconciliation regarding such royalties, and GNE shall pay such amounts to ABX within [*] after delivery of such invoice.
If the outcome of such Challenge Proceeding is a determination in favor of Yissum, (a) the Royalty rate with respect to Net Sales of Products and the percentage due to Yissum with respect to Sublicense Consideration will remain at such triple rate as aforesaid; and (b) Company will reimburse Yissum for all expenses incurred by Yissum (including reasonable attorneys’ fees and court costs) in connection with such Challenge Proceeding.
For the purpose of computing the Net Sales of Products sold in a currency other than U.S. Dollars, such currency shall be converted from local currency to U.S. Dollars in accordance with the rates of exchange for the relevant month for converting such other currency into U.S. Dollars used by MedImmune’s internal accounting system.
More Definitions of Net Sales of Products
Net Sales of Products means purchases, excluding credits, returns, private label products, shipping, handling, freight, taxes, by Contractor of products listed below (“Products”) manufactured by TEC Specialty Products LLC (TEC) for which a TEC distributor of such products received timely payment from Contractor in sufficient funds. In order for Contractor to be eligible to participate in this Rebate Program, it must meet all of the following eligibility requirements and comply with this Agreement. The Rebate Program is also subject to certain limitations and exclusions described herein. • Quarterly rebate on qualifying purchases of products is 4%. • The rebate will be determined by the data shown on paid invoices from distributors, or as otherwise permitted below, following the criteria indicated in Program Rules below.
Net Sales of Products means the actual invoiced gross sales of Products to Third Parties by Par, its Affiliates and their Marketing Distributors, as recorded by Par in accordance with generally accepted accounting principals, less the following: (i) usual and customary allowances or credits to such third parties for spoiled, damaged, rejected, recalled, outdated and returned Products; (ii) freight, transportation, warehousing, storage, postage and insurance charges to the extent separately identified on an invoice; (iii) the amounts of trade, quantity and cash discounts actually allowed, to the extent such trade, quantity and cash discounts are specifically allowed on account of the purchase of such Products; (iv) sales taxes, excise taxes, use taxes, value added taxes and import/export duties actually due or incurred or allowed in connection with the sales of Products to any third party to the extent separately identified on an invoice; (v) usual and customary allowances, adjustments, reimbursements, discounts, chargebacks and rebates granted to third parties, including rebates given to health care organizations or other third parties, whether during the actual period or not; and (vi) usual and customary allowances for doubtful accounts and actual chargeoffs for bad debt. "NET SALES OF PRODUCTS" excludes any amounts invoiced or received in connection with any transfers of a Product between Par and its Affiliates prior to final disposition to third party customers but only where Products are to be resold to a third party. "Net Sales of Products" also excludes transfers of Products made or used for tests or development purposes, or distributed as donations or Samples and for which no payment is received by Par or its Affiliates or sublicensees. In the event that Par or its Affiliate or sublicensee, as the case may be, sells, transfers or disposes of any Product for consideration, in whole or in part, other than cash, the gross amount used for calculating Net Sales of Products for such Product shall be deemed to be the standard invoice price then being invoiced in arm's length transactions with similar customers. In the event that Par sells a Product as part of a bundle or group sale with other products not covered by the Agreement, and provides a discount, allowance or rebate to the purchaser of such products based on the invoiced prices for all products sold, such discount must be allocated pro rata based on average wholesale prices across allsuch products and may not be applie...
Net Sales of Products means purchases, excluding credits, returns, private label products, shipping, handling, freight, taxes, by Contractor of products listed below (“Products”) manufactured by X.X. Xxxxxx Construction Products Inc. or Royal Adhesives and Sealants, LLC (collectively HBF) for which an HBF distributor of such products received timely payment from Contractor in sufficient funds. In order for Contractor to be eligible to participate in this Rebate Program, it must meet all of the following eligibility requirements and comply with this Agreement. The Rebate Program is also subject to certain limitations and exclusions described herein. • Quarterly rebate on qualifying purchases of products is 2%. • The rebate will be determined by the data shown on paid invoices from distributors, or as otherwise permitted below, following the criteria indicated in Program Rules below.
Net Sales of Products excludes any amounts invoiced or received in connection with any transfers of a Product between Par and its Affiliates prior to final disposition to third party customers but only where Products are to be resold to a third party. “Net Sales of Products” also excludes transfers of Products made or used for tests or development purposes, or distributed as donations or Samples and for which no payment is received by Par or its Affiliates or sublicensees. In the event that Par or its Affiliate or sublicensee, as the case may be, sells, transfers or disposes of any Product for consideration, in whole or in part, other than cash, the gross amount used for calculating Net Sales of Products for such Product shall be deemed to be the standard invoice price then being invoiced in arm’s length transactions with similar customers. In the event that Par sells a Product as part of a bundle or group sale with other products not covered by the Agreement, and provides a discount, allowance or rebate to the purchaser of such products based on the invoiced prices for all products sold, such discount must be allocated pro rata based on average wholesale prices across all such products and may not be applied disproportionately to the Product sold as part of such bundle.
Net Sales of Products means the net invoice price of all Holographic Products less any amounts shown on the invoice being payable for packaging, shipping charges, discounts, credits, allowances, bad debts and taxes and less the invoice value of returned goods and all taxes and all discounts or allowances actually taken off the invoice price by CFC International or CFC. If a product sold combines a Holographic Product and a Non-Holographic Product, the Net Sales of Products with respect to such product shall be a fair and appropriate reduced percentage of the net sales of such product which reduced percentage reflects the economic importance of the Holographic Products in the respective product.
Net Sales of Products means the aggregate of Cable Car's net invoice price for sales of the Products less (i) any taxes included in the net invoice price; (ii) actual shipping and handling costs paid to a third party; (iii) returns of products; and (iv) discounts and allowances provided in good faith by Cable Car. This obligation is limited to product purchased after March 31, 2001 by Cable Car from third party suppliers and sold to its customers. Additionally, on a quarterly basis, beginning April 1, 2001, Cable Car will pay a contract maintenance fee (the "Maintenance Fee") of *** in arrears.
Net Sales of Products means, collectively or individually, Net Sales of Endogen Products and Net Sales of Syntex Products.