Net Sales

Net Sales. Licensee's invoice price for the sale of all Licensed Products, less those taxes, duties, refunds, exchanges, promotional give-aways and shipping charges actually incurred by Licensee and separately stated on such invoice

Net Sales. The term ‘‘Net Sales" shall mean the gross amount received by Conatus and its Affiliates and sublicensees for Commercial Sales of Licensed Products, less (i) 2 discounts actually allowed, (ii) commissions paid or allowed to independent third party distributors and agents, (iii) credits for claims, allowances, retroactive price reductions or returned goods, (iv) transportation and delivery charges, including insurance premiums, actually incurred, and (v) taxes (other than franchise or... income taxes on the income of Conatus or its Affiliates or sublicensees) or other governmental charges actually paid or withheld. Net Sales for the Commercial Sale of any Combination Product shall be determined by multiplying the amounts received by Conatus or its Affiliates or sublicensees attributable to Combination Products by the Combination Allocated Portion attributable to such Combination Product. View More

Net Sales. The total amount invoiced in connection with sales of the Licensed Products for use in the treatment of Tourette's Syndrome to any person or entity that is not an Affiliate or a sublicensee of CPP under the License, after deduction of all the following to the extent applicable to such sales; i) all trade, case and quantity credits, discounts, refunds or rebates; ii) allowances or credits for returns; iii) sales taxes (including value-added tax); provided that such deductions do not in the... aggregate exceed five percent (5%) of such sales. View More

Net Sales. The gross sales price of the Product invoiced by Intrexon, its sublicensee or their respective Affiliates to customers who are not Affiliates (or who are Affiliates but are the end users of the Product) less, to the extent actually paid or accrued by Intrexon, its sublicensee or their respective Affiliates (as applicable): (a) credits, allowances, discounts and rebates to, and chargebacks from the account of, such customers for Product; (b) packaging, freight and insurance costs incurred by... Intrexon, its sublicensee or their respective Affiliates (as applicable) in transporting Product to such customers; (c) cash, quantity and trade discounts, rebates, assessments and other price reductions for Product given to such customers under price reduction programs that are consistent with price reductions given for similar products by Intrexon, its sublicensee or their respective Affiliates (as applicable); (d) sales, use, value-added and other direct taxes incurred on the sale of Product to such customers; (e) customs duties, surcharges and other governmental charges incurred in exporting or importing Product to such customers; (f) the amount of any [*****] up to a maximum of [*****] as calculated under clauses (a) – (e) above on a quarterly basis; and (g) any adjustments substantially similar to any of the foregoing View More

Net Sales. The sum, over the term of this Agreement, of all consideration received by LICENSEE and its Affiliates and Sublicensees and paid to LICENSEE based on the import, sale, distribution, practice or use of Products or Processes. The following are not consideration received: refunds, rebates, replacements or credits actually allowed and taken by purchasers for return of Products; customary trade, quantity and cash discounts actually allowed and taken; excise, foreign assessments and withholding,... value-added and sales taxes actually paid for Products and Processes; shipping and handling charges actually paid for Products, research and development funding. View More

Net Sales. Means the total monetary consideration actually received by Licensee for Licensed Products sold, less any sales person's commissions payable in good faith to non-related third parties, royalties and other similar fees payable in good faith to non-related third parties, trade discounts allowances for conversions and exchanges, returns, freight, insurance and taxes (other than income taxes). For purposes of this definition, Licensed Products will be considered "sold" when Licensee receives... payment either from the purchaser or, in the case of Licensed Products sold by a sublicensee, from such sublicensee. View More

Net Sales. The gross amounts invoiced by PURCHASER and its affiliates and sublicensees on all sales of the Product to independent unrelated third parties in bona fide arms' length transactions (including, but not limited to, hospital sales, mail orders, retail sales, and sales to federal or state governments, wholesalers, medical institutions, etc. ), less (a) transportation and freight charges, including insurance and handling, to the extent that such charges are included in the gross amounts invoiced in... connection with the transport of the Product; (b) sales, use and excise taxes, value added taxes, and duties which fall due and are paid as a consequence of such sales by the party or its affiliates or sublicensees and any other governmental charges imposed upon the importation, use or sale of the Product; and (c) the following deductions actually allowed and taken by such third parties and not otherwise recovered by or reimbursed to the party or its Affiliates: (i) trade, quantity and cash discounts; (ii) allowances or credits on account of rejection, defects, recall or returns of a Product or on account of retroactive price reductions or wholesaler chargebacks affecting the Product; and (iii) rebates, refunds, reductions and charge backs specifically related to the Product including those granted to insurers, buying groups, government agencies or similar bodies. "Net Sales" shall not include any sales among a party and its affiliates and sublicensees and for purposes of this Net Sales definition, PURCHASER shall mean PURCHASER and any subsequent purchasers of all or some of the rights to either or both of Antizol® (fomepizole) or Antizol-Vet® (fomepizole) View More

Net Sales. Shall mean the total amount invoiced by AMICUS or by any AMICUS Affiliate or sub-licensee of AMICUS in connection with sales to any purchaser of the Licensed Products that is not an Affiliate or a sub-licensee of AMICUS or an AMICUS Affiliate, after deduction of all the following to the extent applicable to such sales; i) trade, cash and quantity credits, discounts, refunds or rebates; ii) allowances or credits for returns; iii) sales commissions; iv) sales taxes (including value added tax),... and v) freight and insurance charges borne by the seller. View More

Net Sales. Means the gross amount invoiced by Procaps or its Affiliates for sales of the Product in the Territory to a Third Party, less: (a) financial discounts to recover receipts; (b) recalls and (c) returns; in each case actually taken and provided that any deductions for items (a), (b) and (c) above shall not exceed ten percent (10%) of the Sales Price. Net Sales shall be calculated in United States dollars pursuant to Section 11.4. A credit will be given on the subsequent order for any amounts owing... for deductions due to (a), (b) or (c) above. With respect to any sale or other disposal of any Product for any consideration other than exclusively monetary consideration on arm's length terms, for purposes of calculating the gross sales amount necessary to calculate the Net Sales under this Agreement, such Product shall be deemed to be sold exclusively for money at the average sale price charged to Third Parties for cash sales during the applicable reporting period. Net Sales shall be determined in accordance with generally accepted accounting principles in the United States. View More

Net Sales. Shall mean the gross consideration actually collected by COMPANY and/or any Affiliate from transfer of any Licensed Product to a third party customer, less: 1. revenue credited or rebated on returns and allowances, and bad debts; 2. discounts, in amounts customary in the trade and to the extent actually granted, for quantity purchases, for prompt payments and for wholesalers and distributors; 3. transportation and delivery charges or allowances; 4. customs, duties; and 5. sales, use, excise,... value-added and other taxes or other governmental charges measured by sales. View More