Aggregate Sales definition

Aggregate Sales shall refer to the aggregate sales of the Contracts pursuant both to this Agreement and to the Wholesaling Agreement with First Allmerica Financial Life Insurance Company ("FAFLIC") related to contracts offered for sale in the States of New York and Hawaii being executed contemporaneously herewith (the "FAFLIC Agreement"). Based on such Aggregate Sales, Wholesaler shall be responsible for only a single reimbursement amount, and such reimbursement shall be divided between the Company and FAFLIC as they may mutually agree. For the purposes of Section 9.c.(a), "Aggregate Annual Sales" shall refer to the total annual sales through the Wholesaler pursuant both to this Agreement and to the FAFLIC Agreement, and "total amount of initial or renewal fees" shall refer to the aggregate amount of such fees incurred by the Company and FAFLIC.

Aggregate Sales means all net bill▇▇▇▇ other than aggregate net bill▇▇▇▇ ▇▇▇m the master recordings contained on all one-off albums in excess of [***]; and

Aggregate Sales means the aggregate consideration actually received by Lion, and all sublicensees and Affiliates of Lion, whether as money, securities, or otherwise, including, without limitation, all income, revenue, or other payments received by any of the foregoing, from the sales or distribution of Covered Products and Covered GE Products. For avoidance of doubt, to calculate the Aggregate Sales hereunder, “revenue actually received” by Lion and all sublicensees and Affiliates of Lion shall mean revenue recognized in accordance with U.S. GAAP, provided that consideration from the sale or distribution of each unique Covered Product and Covered GE Product shall only be counted once.

Aggregate Sales means the total number of units of Subscriptions sold by TVP or any of its Affiliates or permitted Sublicensees to any third-party Person anywhere in the world, for or without consideration. Subscriptions will be considered “sold” at the earlier of: (x) when such Subscription is active and accessible to such third-party Person; or

Aggregate Sales means [***]; and

Aggregate Sales means, for any calendar period, the aggregate of the amounts invoiced by Biovail or by an Affiliate or Sub-Licensee for Product sold to arm's length customers in the Territory (but excluding sales by Biovail to an Affiliate or Sub-Licensee for resale to purchasers and excluding the price of Product samples sold by Biovail to an Affiliate or Sub-Licensee), net of: (a) any discounts or rebates given or paid to customers; (b) price adjustments to customers' inventories to address market price declines; (c) charge-backs or rebates actually allowed and taken on such sales in such amounts as are customary in the trade and are specifically related to the Products (excluding cash discounts, except for normal trade discounts for early payment of invoices); (d) trade samples and other free goods given in lieu of discounts; (e) duties and taxes on any sale to the extent separately identified in the invoice for the Product sold; (f) transportation charges separately itemized; (g) credits for product returns; (h) other reasonable discounts or rebates, or other allowances actually given by Biovail; (i) third party charges for storage and handling of the Product, or distribution of the Product to treatment sites or to customers or patients; (j) third party charges for the administration of the Product to patients including associated treatment costs, or charges or fees for the administration of medical or administrative services associated with the use of the Product.

Aggregate Sales shall refer to the aggregate sales through Distributor pursuant both to this Agreement and to the Wholesaling Agreement with State Mutual Life Assurance Company of America ("State Mutual") dated March 1, 1995 ("State Mutual Agreement"). Based on such Aggregate Sales, Distributor shall be responsible for only a single Reimbursement amount, and such Reimbursement shall be divided between the Company and State Mutual as they may mutually agree. For the purposes of Section 9(c)(a), "total annual sales" shall refer to the total annual sales through Distributor pursuant both to this Agreement and to the State Mutual Agreement, and "total amount of initial or renewal fees" shall refer to the aggregate amount of such fees incurred by the Company and State Mutual.

Aggregate Sales means the total number of units of Subscriptions sold by TVP or any of its Affiliates or permitted Sublicensees to any third-party Person anywhere in the world, for or without consideration. Subscriptions will be considered “sold” at the earlier of: (x) when such Subscription is active and accessible to such third-party Person; or (y) when billed or invoiced. All calculations of Net Sales must be in accordance with GAAP and based on bona fide arms’ length transactions. Subscriptions sold to (i) an Affiliate or permitted Sublicensee of TVP for internal use (but not resale) by the Affiliate or permitted Sublicensee and (ii) any OWM Dealer will be treated as sales by TVP. Aggregate Sales do not include sales or transfers by TVP to its Affiliates or permitted Sublicensees for resale; provided that the Aggregate Sales calculation will include the sale of any Subscriptions so internally purchased or accepted by such Affiliate or permitted Sublicensee on the resale of such Subscriptions. No deductions or offsets in the number of Subscriptions sold will be allowed for (a) discounts allowed in amounts customary in the trade; (b) sales, tariff duties, and use taxes directly imposed and with reference to particular sales; (c) outbound transportation prepaid or allowed;

Aggregate Sales means the net sales of the Target Companies as recognized in the accounts upon the customer’s purchase at retail store locations (including online orders made at retail store locations) and delivery of merchandise;