Trade Sales definition

Trade Sales means commercial sales to [***];
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Trade Sales means the total number of units of PRODUCTS sold by BIOVAXYS to its clients.
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Trade Sales means, without duplication, during the First Earn-Out Period or Second Earn-Out Period, as applicable, and as determined in accordance with GAAP, the aggregate amount of: (a) the worldwide gross sales actually invoiced by the Buyer or any of its Affiliates or Subsidiaries (including, without limitation, any of the Theken Companies) for any and all sales of Theken Company Products to third parties/unaffiliated Persons, plus (b) any Transferred Trade Sales, less, (c) the sum of the following deductions with respect to the sales referenced in item (a) of this definition: (i) actual transportation charges to the extent separately invoiced; (ii) normal and customary trade, quantity or cash discounts or rebates to the extent taken; (iii) normal credits, adjustments or allowances, if any, given or made on account of price adjustments or returns; (iv) any and all governmental rebates, whether in existence now or enacted later; (v) any Tax upon or measured by the sale or use of such products (except Taxes based on income from such products); (vi) any actual freight, duty or transportation insurance; (vii) fees paid to group purchasing organizations; and (viii) specific write-offs for uncollectible accounts (provided that no write-off for an uncollectible account shall count against the definition of Trade Sales for purposes of this agreement until RRT is given at least one hundred twenty (120) days prior notice of such uncollectible account and after such one hundred twenty (120) day period the account remains uncollected and Buyer offers to assign such uncollectible account to the Member Representative so that the Member Representative is provided with the opportunity to collect on such account); plus, (d) any amounts actually received by the Buyer or any of its Affiliates or Subsidiaries (including, without limitation, any of the Theken Companies) in respect of revenues from the licensing by Buyer or any of its Affiliates or Subsidiaries (including, without limitation any of the Theken Companies) of any Theken Company Products, devices, concepts, manufacturing methods, Intellectual Property Rights or Proprietary Rights of any of the Theken Companies to a third party (net of any related licensing expenses paid to third parties). In the event that the Buyer, prior to a Change of Control Event, directly or through one or more if its Affiliates and/or Subsidiaries, acquires or develops a Substitute Product, then the definition of “Trade Sales” shall also include the ...
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Examples of Trade Sales in a sentence

  • The Reconciliation Procedures shall provide that [***] after the end of each Calendar Quarter, each Party shall submit to the Finance Working Group a report, in such reasonable detail and format as is established by the Finance Working Group, of all Net Trade Sales and Allowable Expenses and other amounts necessary to calculate Pre-Tax Profit or Loss for the United States, Greater China and for the ▇▇▇▇▇▇▇ Territory.

  • This Guaranty shall be binding upon each Guarantor and its successors and assigns, and shall inure to the benefit of the Global Agent and the other Creditors and their respective successors and assigns.

  • A separate determination of Net Trade Sales, Allowable Expenses and Operating Profits or Losses shall be made for each Collaboration Product as outlined in Exhibit B.

  • Program Trade Sale Proceeds from Arsanis Trade Sales, and the calculation of such Program Trade Sale Proceeds, shall similarly be included in these reports.

  • Agreed to on behalf of Agreed to on behalf of 24 March 2022 Date: Date: 23 March 2022 Asad ▇▇▇▇ ▇▇▇▇▇▇ Men Head of Trade Sales, Americas President • Published Fare Rules Apply.

  • Each Party and its Affiliates shall keep complete and accurate records of the items underlying Development Costs, Allowable Expenses, Other Income, Net Trade Sales, payments under Existing Third Party Agreements, Blocking Third Party Patent Costs and the other elements required to prepare the reports or calculate payments required by Sections 4.5.3, 4.5.4, 7.3, 7.4 and 7.5 and the Reconciliation Procedures, and any other payments under this Agreement.

  • Alliance further agree to pay to CollaGenex an ongoing royalty of ten per cent (10%) of the amount by which the combined Net Trade Sales of Periostat® and MR in the Territory in any year exceed the Net Trade Sales of Periostat® in the Territory for the twelve (12) month period preceding the date of launch of MR in the first country in the Territory.

  • Pre-Tax Profit or Loss in the License Territory shall be calculated for each Calendar Quarter by determining the Net Trade Sales of Products in the License Territory, adding Other Income and subtracting the sum of Allowable Expenses incurred with regard to the License Territory during such Calendar Quarter.

  • As Sr. Vice President, Trade Sales & Christian Markets, Employee recognizes and understands his fiduciary relationship with and responsibilities to Employer.

  • The U.S. Commercialization Plan shall include an overall strategy for the Commercialization of the Products in the Field in the United States, a tactical plan to accomplish such strategy (including specific staffing requirements for each Commercialization activity set forth therein, permitted pricing discounts, etc.), the U.S. Commercialization Budget, and annual Net Trade Sales forecasts for the United States.