definiens: means all amounts received by Bey or its Affiliates in consideration for, or directly in connection with, ( a ) the sale or any other commercial disposition of Licensed Products by Bey or its Affiliates to Third Parties, including without limitation wholesalers and/or other intermediate Third Parties, or ( b ) the sale or any other commercial disposition of Licensed Products by Bey to a Sublicensee, where such Sublicensee is the final end user of the Licensed Product and does not resell the Licensed Product, after deducting ( i ) credits or allowances, if any, actually granted ; ( ii ) discounts, rebates, refunds, and chargebacks, actually granted or allowed, and customary fees paid to distributors ; ( iii ) freight, packaging, storage, shipping and insurance charges ; ( iv ) customs duties ; ( v ) excises, sales taxes, duties or other taxes imposed upon and paid with respect to such sales ; and ( vi ) returns ; in each case to the extent specifically related to the Licensed Products and actually allowed, incurred or paid during such period and not already reflected in the amounts received ; provided that all of the foregoing deductions are incurred in the ordinary course and calculated in accordance with then - current GAAP . For clarity, Net Sales do not include Sublicense Income . For purposes of example and not limitation, if Bey or its Affiliates sells a quantity of Licensed Product ( e.g., Miscanthus seed ) to a Third Party or Sublicensee ( to the extent within the scope of clause ( b ) above ) and receives a payment therefor, and Bey or its Affiliates subsequently receive payments or other consideration from the Third Party or Sublicensee for a product derived from such quantity of Licensed Product ( e.g., seedlings, plants or biofuel ), whether characterized as partial payment for the initial sale of the Licensed Product, a success payment, or otherwise, then Net Sales shall include the payment or other consideration received from the initial sale of the Licensed Product to the Third Party as well as such subsequent payments or other consideration ( unless such subsequent payments or other consideration fall within the scope of Sublicense Income )