Product Revenues means as to any Performance Period, the Company’s or a business unit’s sales, royalties, license fees, milestones and related-party revenues, determined in accordance with generally accepted accounting principles.
Product Revenues for any period shall mean the sum of (a) the aggregate amount of Net Revenues in such period within the Field of Activity in the Territory in respect of any Product and (b) an amount equal to (i) the aggregate amount of Net Revenues in such period within the Field of Activity in the Territory in respect of any Combination Product multiplied by (ii) a fraction the numerator of which equals the fair market value of the Product (or any part thereof) included in such Combination Product and the denominator of which equals the sum of (A) the fair market value of such Product (or part thereof) and (B) the fair market value of each Combination Substance included in such Combination Product. For purposes of this definition, "fair market value" of any Product (or part thereof) and Combination Substance shall be the list retail price of such Product (or part thereof) and Combination Substance sold separately or, if such Product (or part thereof) or Combination Substance is not ordinarily sold separately, a value for both the Product (or part thereof) and Combination Substance determined in the good-faith business judgment of (x) if the Purchase Date has not occurred, the General Partner or any successor to the General Partner as the general partner of the Partnership or (y) if the Purchase Date (if any) has occurred, the Company.
Product Revenues has the meaning set forth in Exhibit D.
Examples of Product Revenues in a sentence
Seller acknowledges and agrees that its obligation to pay Broker Fees hereunder shall apply to Product Revenues payable to Seller by MatchProduct-Introduced Buyers irrespective of whether such Product Revenues were generated directly using the MatchProduct service or indirectly through some other means or instrumentality, including, without limitation, direct contact between Seller and MatchProduct-Introduced Buyers.
In the event that Schering-Plough licenses a Third Party to Commercialize a Diagnostic Licensed Product, Schering-Plough shall pay to AVEO royalties on the proceeds of all Diagnostic Licensed Product Revenues in the Territory received by Schering-Plough for such a license based on the royalty table set forth in Section 7.6(a), with such Diagnostic Licensed Product Revenues being deemed to be Net Sales.
Manager shall transmit to MIRA an electronic version of each Product Revenue Statement simultaneously with each wiring of Product Revenues pursuant to this Section 9(b), followed by a hard-copy version satisfying the requirements of Article 19 hereof.
The financial representatives from each Party shall be responsible for, [***] following the end of a Calendar Quarter, preparing a statement (“Reconciliation Statement”) in a format agreed to by the Parties showing each Party’s full quarter actual results, the calculations of Net Sales, Co-Developed Product Revenues, COGM, Cost of Sales, Development Expenses, Marketing Costs, Medical Education Costs, Sales Costs, Distribution Costs, and Other Out-of-Pocket Costs.
More Definitions of Product Revenues
Product Revenues means all Net Sales generated from the sale of the Product at the point of distribution in the Territory from the Product manufacturer, based upon gross wholesale invoices.
Product Revenues means the total gross revenues of the Company; provided that any gross revenue from a sale of product or service to a Distributor of the Company shall be recognized at the time of resale thereof to an end-customer.
Product Revenues means, for any period, for the Borrower and its Subsidiaries on a consolidated basis, all amounts paid to and received by the Borrower and its Subsidiaries in the ordinary course of business that, in accordance with GAAP, would be classified as net revenue, excluding upfront payments, milestones, royalties and other similar one-time payments received by the Borrower and its Subsidiaries that are not related to the sale of products or services; provided, that, “Product Revenues” shall exclude the revenues generated by any Subsidiary to the extent that the declaration or payment of dividends or similar distributions by that Subsidiary of the income resulting from such revenues is not at the time permitted by operation of the terms of its Organization Documents or any agreement, instrument, judgment, decree, order, statute, rule or governmental regulation applicable to that Subsidiary.
Product Revenues shall exclude the revenues generated by any Subsidiary to the extent that the declaration or payment of dividends or similar distributions by that Subsidiary of the income resulting from such revenue is not at the time permitted by operation of the terms of itsOrganization Documents or any agreement, instrument, judgment, decree, order, statute, rule, or governmental regulation applicable to that Subsidiary. Schedule 3 Dispositions, Involuntary Dispositions, Debt Issuances Extraordinary Receipts and Acquisitions Schedule 4 IP Schedule Updates Schedule 5 Insurance Binders Schedule 6 Management's Discussion and Analysis Schedule 7 Litigations, Arbitrations, or Governmental Investigations or Proceedings Schedule 8 Material Contracts Schedule 9 Listing of Deposit Accounts, Other Bank Accounts and Securities Accounts Schedule 10
Product Revenues means as to any Performance Period, the Company’s or a business unit’s sales, royalties, license fees, milestones and
Product Revenues means, for any period, for the Borrower and its Subsidiaries on a consolidated basis, all amounts paid to and received by the Borrower and its Subsidiaries in the ordinary course of business that, in accordance with GAAP, would be classified as net revenue, excluding upfront payments, milestones, royalties and other similar one-time payments received by the Borrower and its Subsidiaries that are not related to the sale of products or services; provided, that, “Product Revenues” shall exclude the revenues generated by any Subsidiary to the extent that the declaration or payment of dividends or similar distributions by that Subsidiary of the income resulting from such revenues is not at the time permitted by operation of the terms of its Organization Documents or any agreement, instrument, judgment, decree, order, statute, rule or governmental regulation applicable to that Subsidiary. “Product Standards” means all safety, quality and other specifications and standards applicable to any Product, including all medical device and other standards promulgated by Standards Bodies. “Proposed Term Sheet” has the meaning set forth in Section 2.13(b). “Proposed Terms” has the meaning set forth in Section 2.13(b). “Qualified Capital Stock” of any Person means any Equity Interests of such Person that are not Disqualified Capital Stock. “Qualified Loan Party” means (a) any BVI Loan Party, (b) any Costa Rican Loan Party, (c) any U.S. Loan Party or (d) any Loan Party (other than any BVI Loan Party, Costa Rican Loan Party or U.S. Loan Party), that is organized in a jurisdiction (as designated by the Administrative Agent to the Borrower in writing): (i) that permits such Loan Party to grant to the Administrative Agent, for the benefit of the Secured Parties, Liens that are first priority and perfected in substantially all of the assets of such Loan Party (other than Excluded Property), pursuant to Section 7.14 and the Collateral Documents and (ii) the Laws of which, in the reasonable determination of the Administrative Agent, provide the Administrative Agent with the ability to enforce such Liens in a manner that is substantially equivalent to the ability to enforce Liens against a U.S. Loan Party. “Qualifying Control Agreement” means an agreement among a Loan Party, a depository institution or securities intermediary and the Administrative Agent (or the Trustee), for the benefit of the Secured Parties, which agreement is in form and substance reasonably satisfactory to the ...
Product Revenues means on a Product-by-Product basis any and all revenue received by the Selling Party for Product (other than Net Sales) and/or rights to Product and/or under an agreement with respect to Product (other than Net Sales), including, but not limited to,