Net Sales
Net Sales. The gross amounts invoiced by or on behalf of Licensee, its AFFILIATES or its Sublicensees (as defined below) for sales [***]. The sale or transfer of a NANOBODY PRODUCT by Licensee, its AFFILIATES, or its Sublicensees to another of those entities for resale are not, and are not deemed, a sale for purposes of this definition of "NET SALES" and such sales or transfers do not, and will not constitute, a first sale of that NANOBODY PRODUCT under this A&R Agreement. Transfers or dispositions of a...
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Found in
Helix Acquisition Corp contract
Net Sales. With respect to any Product, the gross amount invoiced to Third Parties for such Product, commencing with the First Commercial Sale of such Product, less deductions for: (i) trade, quantity and/or cash discounts, allowances and rebates actually allowed or given; (ii) freight, postage, shipping insurance and other transportation expenses (if separately identified in such invoice); (iii) credits or refunds actually allowed for rejections, defects or recalls of such Product, outdated or returned...
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Found in
Icagen, Inc. contract
Net Sales. The gross amount invoiced for the sale of the Product for use in the Field in arm's length sales to Third Parties less deductions not otherwise reimbursed by the Third Party for: [*] [*]
Found in
AmpliPhi Biosciences Corp contract
Net Sales. Gross sales of the Product by Empire, by any Affiliates of Empire, or by any sublicensees of Empire, to unrelated third parties, in arm's length transactions, including, but not limited to, pharmaceutical wholesalers, managed healthcare organizations, pharmacies, hospitals or dispensing physicians, less any of the following charges or expenses that are incurred in connection with gross sales of the Product to such entities/persons during the Term
Net Sales. The amount received by NTI or Sublicensees for the sale of Products, less the following: (a) customary trade and quantity discounts actually allowed and taken; (b) allowances actually given for returned Product; (c) freight and insurance, if separately identified on the invoice; and (e) value added tax, sales, use, or turnover taxes, excise taxes, and customs duties included in the invoiced price. In addition, Net Sales by NTI or Sublicensees hereunder are subject to the following: (a) In the...
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Net Sales. The gross revenue invoiced by [*] or any of its Affiliates based upon any Sales of the Licensed Products to unaffiliated third parties, less [*], in each case to the extent separately stated on the invoice. No other costs incurred in the manufacture, sale, distribution, or exploitation of the Licensed Products shall be deducted from gross revenue in the calculation of Net Sales. In the case of sales or other commercial distributions between [*] and its Affiliates or between Affiliates of [*],...
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Found in
PARKERVISION INC contract
Net Sales. The meaning given such term in the Royalty Agreement.
Found in
TITAN PHARMACEUTICALS INC contract
Net Sales. Shall be calculated in the manner described in the definition of Net Sales set forth in the Novartis Sublicense; provided, however, that Net Sales shall include, in addition to sales of Products (as defined in the Novartis Sublicense) by Novartis, all sales of Fanapt Products by Titan or any its Affiliates and all sales by any direct or indirect assignee or licensee of Titan or any of its Affiliates; provided further, however, that Net Sales shall not include (i) sales of Products in the ROW...
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Found in
TITAN PHARMACEUTICALS INC contract
Net Sales. The aggregate [ * ]. In the event that a Licensed Product contains an active component (including a SNP) not covered by a Valid Claim, a Valid Alpha Claim, or a Valid Beta Claim in the country in which the Licensed Product is sold, "Net Sales" from such sales shall be calculated by [ * ], irrespective of the number of such active components
Found in
ARCA biopharma, Inc. contract
Net Sales. Notwithstanding anything in this Agreement to the contrary, where the term "Net Sales" is used in this Agreement to apply to Agriculture Field Products, in such context the term "Net Sales" shall be replaced with "Agricultural Field Product Net Sales"
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Found in
IONIS PHARMACEUTICALS INC contract