Common use of Functional currency Clause in Contracts

Functional currency. The “Functional Currency” under this Agreement will be Dollars. Except as the Parties otherwise mutually agree, for billing and reporting, the Gross Sales, deductions from Net Sales, Net Sales, [***] and other deductions related to the calculation of Net Sales and [***] will all be converted into Dollars as of the last day of the month using the official average rate of exchange for the purchase of Dollars with local currency in each applicable country within the Territory where sales have been made. In the event in one or more countries in the Territory de facto or de jure restrictions or prohibitions are imposed to accessing the purchase of Dollars with local currency by Distributor´s Affiliates or Sublicensees’ impeding those Distributor´s Affiliates or Sublicensees to transfer in Dollars all monies owed to Distributor for subsequent payment by Distributor to Coherus as provided hereunder (and only while such restriction or prohibition is in force), such average rate of exchange shall be the average rate of exchange quoted in a free exchange market where Dollars may be purchased with the affected local currency (i.e. as an example [***], or [***]).

Appears in 2 contracts

Sources: Distribution Agreement (Coherus BioSciences, Inc.), Distribution Agreement (Coherus BioSciences, Inc.)