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... NANOBODY PRODUCT at fully allocated production costs or less with no profit: (a) [***]; (b) [***]; (c) [***]; or (d) [***]; [***] View More

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in such invoice); (iii) credits or refunds actually allowed for rejections, defects or recalls of such Product, outdated or returned... Product, or because of rebates or retroactive price reductions; and (iv) sales, value-added, excise taxes, tariffs and duties, and other taxes directly related to the sale, to the extent that such items are included in the gross invoice price (but not including taxes assessed against the income derived from such sale). Such amounts shall be determined from the books and records of BMS, its Affiliates or its Sublicensees, maintained in accordance with the reasonable accounting principles used by such entity, consistently applied. View More

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: [*] [*]

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... case of pharmacy incentive programs, hospital performance incentive program charge backs, disease management programs, similar programs, or discounts on "bundles" of products, all discounts and the like shall be allocated among products on the basis on which such discounts and the like were accrued, or if such basis cannot be determined, proportionately to the list prices of such products; (b) In the case of any sale or other disposal of Product by NTI or Sublicensees to an affiliated party for resale, the Net Sales shall be calculated as above on the value charged or invoiced on the first arm's length sale to a Third Party; and (c) If NTI or Sublicensees make a sale or other disposal of Product to a customer in a particular country other than on normal commercial terms or as part of a package of products and services, the Net Sales of that Product shall be deemed to be "the fair market value" of such Product (i.e., the value that would have been derived had said Product been sold as a separate product to a similar customer in the country concerned on normal commercial terms). View More

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 [*],... Net Sales shall be calculated on the basis of (i) in the case of a Licensed Product that is Sold by an Affiliate to an unaffiliated third party, the then Net Sales shall be calculated on the basis of that sale, and (ii) if a Licensed Product is Sold only to an Affiliate and not further Sold to an unaffiliated third party, then Net Sales shall be calculated on the basis of the most recent previous sale by [*] to an unaffiliated third party. View More

Net Sales. The meaning given such term in the Royalty Agreement.

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... Territory by Vanda, its Affiliates, assignees or licensees pursuant to the Vanda Sublicense and (ii) sales of Fanapt Products by Persons other than Titan, Novartis or their Affiliates from which Titan receives, after the date hereof, no economic benefit. For purposes of the preceding sentence, Titan shall be deemed to receive an economic benefit from the sale of Fanapt Products if (i) such sale is made pursuant to any assignment, license or sublicense of any Fanapt Rights by Titan or any of its Affiliates, and (ii) Titan or any of its Affiliates receives, after the date hereof, any consideration for such sale or from any such assignment, license or sublicense of Fanapt Rights. View More

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

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"