Net Sales

Net Sales. The aggregate of all revenues received by Sublicensee from the sale of Products, less actual trade discounts, allowances, sales tax, freight charges and returns ("Costs"), to the extent such Costs are included in such revenues.

Net Sales. The gross amounts invoiced by Introgen, its affiliates and sublicensees for the sale of Licensed Products to unaffiliated third parties, less (i) all trade, cash and quantity discounts or government rebates actually granted and taken; (ii) refunds, allowances or credits to customers because of rejections or returns; (iii) prepaid freight, sales taxes, duties and other governmental taxes (including value added tax); and (iv) provisions for uncollectable accounts determined in accordance with... reasonable accounting practices, consistently applied to all products of the selling party. View More

Net Sales. Means the gross revenue derived by RIGEL and/or RIGEL's sublicensee(s) from the sales of Licensed Product(s), less the following items but only insofar as they actually pertain to the disposition of such Licensed Product(s) by RIGEL or RIGEL's sublicensee(s), are included in such gross revenue, and are separately billed: a) Import, export, excise and sales taxes, and custom duties; b) Credit for returns, allowances, trades, or retroactive price adjustments; ... c) Transportation charges, issuances and allowances; d) Discounts actually allowed; or e) Royalties payable to third parties on the manufacture, use, sale, offer for sale or import of Licensed Products. View More

Net Sales. Shall mean the gross proceeds actually received by ZymoGenetics pursuant to sales of the Licensed Product by ZymoGenetics, less sales and/or use taxes paid, import and/or export duties paid, outbound transportation, insurance, wholesaler and cash discounts, returns and allowances granted, and third party royalties.

Net Sales. Means the gross amount invoiced by Pfizer, its Affiliates, 2 or any sublicensee of Pfizer for sales to a third party or parties of Licensed Products, less normal and customary trade discounts actually allowed, rebates, returns, credits, taxes the legal incidence of which is on the purchaser and separately shown on Pfizer's or any sublicensee of Pfizer's invoices and transportation, insurance and postage charges, if prepaid by Pfizer or any sublicensee... of Pfizer and billed on Pfizer's or any sublicensee of Pfizer's invoices as a separate item. View More

Net Sales. Means with respect to the Licensed Products the gross sales of such Licensed Products billed by CMS or its Affiliates to a Third Party less (i) the allowances and adjustments separately and actually credited or paid to such Third Parties for damaged, outdated and returned Licensed Products; or (ii) trade discounts granted; and (iii) rebates granted specifically for Licensed Products covered under this Agreement; provided, that, if CMS or its Affiliates sells at a single price or rate a packaged... combination of products, not all of which if sold individually would be Licensed Products, then the Net Sales of Licensed Products calculated with respect to such sales of packaged products shall equal the number of units of Licensed Products sold as part of such packaged products (less the number of units with respect to which allowances and adjustments have been separately and actually credited or paid to such Third Parties for damaged, outdated and returned Licensed Products) multiplied by the respective average net selling price of the same type of Licensed Products sold individually (excluding (ii) trade discounts granted; and (iii) rebates granted specifically for Licensed Products covered under this Agreement) during the applicable calendar quarter (or if no such individual sales occurred during such calendar quarter, the most recent previous calendar quarter during which such individual sales occurred). View More

Net Sales. Means net sales of Products after returns but before Customer discounts, rebates or promotions.

Net Sales. Means the gross sales amount billed or invoiced to Third Parties for Products, less: (a) Rebates granted and allowances, trade, quantity or cash discounts actually allowed or taken; (b) Retroactive price reductions imposed by government authorities; (c) Fees, commissions or rebates lawfully paid pursuant to contracts with dealers or other Third Party organizations; and (d) Amounts... actually repaid to a Third Party by reason of rejection or return of defective Product. View More

Net Sales. Shall mean the United States dollar equivalent of the proceeds received by LICENSEE from the sale of Products, less (A) amounts repaid or credited by reason of defects, returns, rejections or allowances; (B) sales taxes, excise taxes, value added taxes and customs duties paid, absorbed or allowed; (C) customary commissions and other amounts paid or allowed to independent sales representatives, distributors,... brokers or agents; (D) shipping charges; (E) trade and quantity discounts actually allowed (and taken) as customary in the trade; and (F) other deductions made in accordance with GAAP. Net Annual Sales shall not include (A) any transfer between LICENSEE and any of its Affiliates or Sublicensees, or (B) any transfer of any Products used in testing, preclinical or clinical trials or as marketing samples to develop or promote the Products. Net Sales does not include amounts received by Sublicensees. View More

Net Sales. Shall mean Gross Sales of Licensed Products, sold by Licensee or its Affiliates, at wholesale basis in arms-length transactions to independent wholesalers and retailers and Licensor Retail Stores, less: (a) actual credits for returns; (b) actual, reasonable and normal trade discounts, markdowns and allowances (excluding co-op advertising); and (c) all taxes collected by Licensee from, and payable by, the purchaser of the Licensed Products pursuant to applicable law to the extent such taxes are... stated separately on the invoices and included in Gross Sales. Total deductions from Gross Sales for items listed in (a) and (b) above shall not exceed *** of Gross Sales in any Contract Year. No other deductions shall be taken. It is the intention of the parties that royalties will be based on the bona fide wholesale prices at which Licensee or its Affiliates sell Licensed Products to independent wholesalers and retailers in arm's-length transactions. Further, in the event Licensee shall sell Licensed Products to its Affiliates that are retailers, royalties shall be calculated on the basis of such bona fide wholesale prices irrespective of Licensee's internal accounting treatment of such sales. If the invoiced amount of the Licensed Products sold and delivered by Licensee is in currencies other than U.S. dollars, the invoiced amount shall be converted into U.S. dollars at the exchange rate of Citibank, New York, New York on the last day of the month immediately preceding the date of determination of such Net Sales. View More