Net Revenues

Net Revenues. For a specified period the total gross invoice price received from the sale of all Products and Extended Products by Wyeth and its Affiliates in the Territory during such period to non-Affiliated wholesalers, hospitals, retail pharmacies, patients and other third party purchasers, * Such amounts shall be determined from the books and records of Wyeth and its Affiliates maintained in accordance with generally accepted accounting principles, consistently... applied. View More

Net Revenues. Means the revenues payable to the owner of the Containers periodically in arrears based upon the utilization of such Containers, net of expenses of operation and management fees allocated to such Containers, all such revenues and expenses to be determined on an accrual basis and not a cash basis of accounting.

Net Revenues. Shall mean the #####

Net Revenues. Means the gross revenues actually received by QPC or Quintessence for sales of Products in the Field within the Territory, but not including separately stated charges for (a) sales to Customer, (b) sales and use taxes, excise taxes, customs duties and other similar taxes; (c) shipping and insurance charges; and (d) the amount of any bad debts, refunds and credits, but only to the extent that such bad debts, refunds and credits are actually recognized against ... such gross revenues. View More

Net Revenues. Means gross revenues received by STRATEGY from its Distribution partner and other third parties for Software and/or Merchandise actually sold to End-Users, less Distribution fees of twenty-two percent (22%), returns, Chargebacks, discounts, co-op, MDFs, rebates, customer allowances, Manufacturing Costs, taxes, duties, commissions, insurance, transportation costs, the DISNEY royalty as defined in Section 7.c., and reserves for Chargebacks and returns taken by third parties; provided, however,... that the subsequent release of the reserve for Chargebacks and returns shall be considered as a part of Net Revenues upon such release of any remaining reserves. View More

Net Revenues. Shall mean the net revenues of the Corporation for the last four (4) completed fiscal quarters for which financial information is available at the time of the calculation, determined in accordance with generally accepted accounting principles. 10

Net Revenues. Shall mean, with respect to a Licensed Product, the [C.I. ], in an arms length transaction, by River's Edge, [C.I.] and, as applicable, [C.I. ], to Third Parties, commencing with the First Commercial Sale, [C.I.] the [C.I.] from such [C.I.] which are [C.I.] or [C.I. ]: (i) [C.I.] or [C.I.] for [C.I.] or [C.I.] of Licensed Products under [C.I.] generally applicable, as modified from time to time, but for clarity, not Licensed Product which is [C.I.] and cannot be [C.I. ]; (ii) normal and... customary [C.I.] and [C.I.] and [C.I.] (other than [C.I.] at the time of invoicing which have been already been [C.I.] in the [C.I.] invoiced), [C.I.] payments and [C.I.] under [C.I.] generally applicable, as modified from time to time to [C.I.] or to [C.I. ], [C.I.] and other [C.I. ], including their [C.I. ], or to [C.I. ]; provided, that where any such [C.I.] or [C.I.] for the Licensed Product are based on [C.I.] to the [C.I.] of a [C.I.] in which the Licensed Product is included (where such sales are permitted by law), the applicable [C.I.] or [C.I.] for the Licensed Product in such [C.I.] arrangement shall be based on the [C.I.] or [C.I.] of such [C.I.] of products and, further provided, the Licensed Product shall not be [C.I.] for any reason including, without limitation, to create or attract sales for other products sold or distributed by River's Edge; (iii) any [C.I.] and other [C.I. ]; and (iv) [C.I.] with applicable law), and [C.I.] and [C.I. ], and other [C.I.] related to the [C.I.] (but not including [C.I.] against the [C.I.] derived from such sale) of a Licensed Product. Note: Certain portions of this document have been marked "[C.I. ]" to indicate that confidential treatment has been requested for this confidential information. The confidential portions have been omitted and filed separately with the Securities and Exchange Commission. "Net Revenues" shall also include the [C.I.] for the Licensed Product [C.I.] for [C.I.] or where no [C.I.]. Net Revenues, as set forth in this definition, shall be calculated in accordance with [C.I.] practices applied on a consistent basis. View More

Net Revenues. Is defined as [***].

Net Revenues. Means with respect to any sales of any Covered Product in a given period, the actual aggregate invoice price for such Covered Product, less (a) customary trade, and quantity discounts to the extent actually allowed and taken; (b) amounts repaid or credited by reason of rejection or return of Covered Product or damage or defect in any Covered Product; (c) to the extent separately stated on purchase orders, invoices, or other documents of sale, any taxes, duties or other governmental charges... levied on the production, sale, transportation, delivery, or use of Covered Products which are paid by or on behalf of ERS or any of its Affiliates or sublicensees; and (d) outbound transportation costs and insurance prepaid or allowed and costs of insurance in transit. Net Revenue shall be recognized on the date of billing for a Covered Product; provided that Net Revenue shall be adjusted and trued up to the extent ERS writes off any amount as uncollectible or bad debt in accordance with its standard accounting practices, consistently applied, provided further that, if any such written off amount is subsequently collected, such amount shall be added to Net Revenue for the calendar quarter in which collected. [***] Indicates that text has been omitted which is the subject of a confidential treatment request. The text has been separately filed with the Securities and Exchange Commission. ERS-XiMo Confidential In the case of any sale of the Covered Product for consideration other than cash, such as barter or countertrade, Net Revenue shall be calculated on the fair market value of consideration received. ERS agrees, and shall ensure that its Affiliates and sublicensees agree, not to use a Covered Product as a loss leader (other than with respect to another Covered Product). ERS agrees, and shall ensure that each of its Affiliates and sublicensees agrees, that if it prices a Covered Product in order to gain or maintain sales of other products, then for purposes of calculating the payments due hereunder, Net Revenue shall be adjusted to reverse any discount which was given to a customer that was in excess of customary discounts for the Covered Product (or, in the absence of relevant data for the Covered Product, other similar products under similar market conditions), if such discount was given in order to gain or maintain sales of other products. The sale of a Covered Product between or among ERS or its Affiliates or sublicensees for resale shall not be included in Net Revenue; provided, however, that the first sale or disposition to a third party who is not a sublicensee purchasing such product for resale thereafter shall be included in Net Revenue. View More

Net Revenues. Shall mean the total amount actually paid, during the term of this Patent Licensing Agreement and for five (5) years thereafter, by any third party, by way of [***] Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission. -2- license fees, royalties or any other types of payments, to NEOMAGIC and/or its Subsidiaries for the right to use the... Patent Rights pursuant to a Licensee Agreement, less the following amounts related to such third party payments incurred pursuant to this Agreement: (i) outside engineering time and expenses incurred by NEOMAGIC and/or its Subsidiaries; (ii) outside legal expenses incurred by NEOMAGIC and/or its Subsidiaries; (iii) out-of-pocket disbursements incurred by NEOMAGIC and/or its Subsidiaries; and (iv) all amounts paid to CONSORTIUM as reimbursement of expenses under Section 4.4 hereof. Notwithstanding the above, the outside legal expenses referred to in this Section 1.8 shall not include NEOMAGIC's and/or its Subsidiaries' normal patent-related costs such as, but not limited to, prosecution and patent maintenance. NEOMAGIC shall provide CONSORTIUM with adequate documentary evidence of the items described in (i) – (iii) directly above. Any expenses deducted from Net Revenues under this Section 1.8(i) – (iv) shall be deducted pro-rata from all payments to be received under a Licensee Agreement, and not from just the first payment(s) under such Licensee Agreement. View More