Product EBITDA definition

Product EBITDA means Product Net Sales, less the following amounts incurred by Licensee or its Affiliates (in each case as calculated by Licensee and its Affiliates in accordance with GAAP, as consistently applied): (i) Cost of Goods of such Product; (ii) Selling Expenses; (iii) Marketing Expenses; (iv) fees paid to third party distributors, third party logistics providers and shippers (such as shipping to and from wholesalers) and other distribution costs, in each case to the extent related to Product and actually paid by Licensee or its Affiliates; (v) the amount of FDA fees paid by Licensee under Section 3.3.4 and Section 3.3.5, as well as any other costs (including, but not limited to, governmental fees and attorney and consultant costs) incurred in connection with obtaining and maintaining any Regulatory Filings and Approvals; (vi) Development Costs; (vii) any costs incurred in connection with the prosecution, maintenance, defense or enforcement of any of the Licensed Intellectual Property; (viii) that portion of any Alpex Royalty (as defined in Section 6.3) paid by Licensee, and any other royalty payments that may be paid by Licensee or its Affiliates in connection with the Product; and (ix) any costs incurred in connection with the qualification of an alternate manufacturing facility (i.e., other than Alpex) for the Product (including, but not limited to, any fees charged by the Alternate Manufacturing Facility or Licensee’s other third party vendors in connection with the qualification of an alternate manufacturing facility.
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Product EBITDA means Product Net Sales, less the following amounts incurred by Licensee or its Affiliates (in each case as calculated by Licensee and its Affiliates in accordance with GAAP, as consistently applied):
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Product EBITDA means the Net Income before interest expense, taxes, depreciation expense and amortization expense that can be attributed to the development and commercialization of a Product.
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Examples of Product EBITDA in a sentence

  • In the event that any Citius Product is launched, Citius shall have the same obligations as those imposed upon Licensee under Article 7, and Licensee shall have the same rights as those granted to Citius under Article 7, mutatis mutandis with respect to the Citius Products (and any Alpex Revenue and Citius Product EBITDA) and any payments relating thereto.

  • Licensee shall maintain at its offices accurate and complete books of record of Product Net Sales and Product EBITDA, consistent with sound business and accounting practices, during the most recent three (3) year period.

  • Licensee shall pay to Citius fifty percent (50%) of the Product EBITDA generated during each Fiscal Quarter during the Term (the “Profit Share Payments”).

  • With each Profit Share Payment under Section 6.1, Licensee shall deliver to Citius a complete and accurate report, stating the gross sales, Product Net Sales and Product EBITDA and Profit Share Payment for each Product for the preceding Fiscal Quarter (the “Profit Share Statement”).

  • With each Profit Share Payment under Section 6.1, Licensee shall deliver to Citius a complete and accurate report, stating the gross sales, Product Net Sales and Product EBITDA and Profit Share Payment for each Product for the preceding Fiscal Quarter (the "Profit Share Statement").

  • In the event that TBC or its licensees commences sales of any products incorporating a Compound relating to any organ transplantation, organ reperfusion injury or immunologic tissue rejection, TBC or its Affiliates shall pay Revotar [*] of TBC's Product EBITDA for sales of such products by TBC, its licensees and its Affiliates.

  • This indemnification shall also apply to any claims by INXN or by a shareholder of INXN.