AMENDED AND RESTATED DISTRIBUTION AGREEMENT Clause Samples

An Amended and Restated Distribution Agreement clause serves to formally replace and update a previous distribution agreement between parties. This clause specifies that the new agreement supersedes the original, incorporating all prior amendments and modifications into a single, consolidated document. By doing so, it ensures that all terms, rights, and obligations are current and clearly outlined, eliminating confusion from multiple amendments and providing a definitive reference for the parties involved.
POPULAR SAMPLE Copied 1 times
AMENDED AND RESTATED DISTRIBUTION AGREEMENT. This Amended and Restated Distribution Agreement (“Agreement”) is made as of this 1st day of November, 2004 by and between: MICRUS CORPORATION, a Delaware corporation, having a principal place of business at 6▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇ , and its subsidiaries (collectively “Micrus”) and NEUROLOGIC (UK) LIMITED, a company organized under the laws of the United Kingdom, and having a principal place of business at A▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (“Distributor”).
AMENDED AND RESTATED DISTRIBUTION AGREEMENT. NSHK shall have ------------------------------------------- entered into the Amended and Restated Distribution Agreement with NSI, which shall be in form and substance satisfactory to NSI.
AMENDED AND RESTATED DISTRIBUTION AGREEMENT. The terms and provisions of the Distribution Agreement are hereby canceled and superseded by the terms and provisions of this Agreement. All references in any other agreement to the Distribution Agreement dated August 29, 1997 by and between Vitro, Crisa, Vitrocrisa, Libbey, and Libbey Glass shall be deemed to refer to this Agreement, and all references to specific provisions of such Distribution Agreement contained in any other agreement shall refer to the corresponding provisions of this Agreement.
AMENDED AND RESTATED DISTRIBUTION AGREEMENT. Notwithstanding the foregoing, pricing information displayed at the final online checkout stage of a transaction is not considered “advertising” under this Policy. The “final online checkout stage” is the stage when the Covered Product is put into a shopping cart that contains the customer’s name, shipping address, email address, and payment information. Pricing information in the “shopping cart” or “checkout” stages must be obscured technically so it is not retrievable by shopping and pricing engines and not displayed on search page results within the reseller’s own website. From time to time, ▇▇▇▇▇▇ may announce MAP holidays or promotions that are applicable to all resellers, during which periods a reseller that advertises a ▇▇▇▇▇▇ product in accordance with the terms of the authorized promotion will not be deemed to have violated the Policy. ▇▇▇▇▇▇ will notify all resellers of any such authorized promotions, generally not fewer than thirty (30) days in advance. Further, the advertisement of free or reduced-price shipping is not a violation of this Policy as long as such offer applies to all or almost all other products offered by a reseller in the same product category. This Policy does not constitute an agreement between ▇▇▇▇▇▇ and any other entity. ▇▇▇▇▇▇ neither solicits nor will it accept any assurance of compliance with this Policy from any reseller or other party. Each reseller must independently choose whether to comply with the terms of this Policy. This Policy is not negotiable and will not be altered for any individual reseller. This Policy applies only to advertised prices and does not affect the prices that a reseller may charge for ▇▇▇▇▇▇ products. Resellers are free to sell ▇▇▇▇▇▇ products at any price they choose.
AMENDED AND RESTATED DISTRIBUTION AGREEMENT otherwise agreed to by Supplier during the term of this Agreement, Distributor will not sell Products to any party known by Distributor’s Chief Executive Officer or Chief Financial Officer to be a mass market e-commerce reseller or through any e-commerce marketplace (e.g., Amazon); provided, however, that such restriction will not apply to Distributor’s sales to any Practitioner (as defined below) that makes the Products available through such Practitioner’s own website to its patients. The Parties will take reasonable measures to cooperate to identify mass market e-commerce resellers.
AMENDED AND RESTATED DISTRIBUTION AGREEMENT. The agreements and obligations of Supplier set forth in this Guaranty are in consideration of purchases made by Distributor from Supplier and said obligations are in addition to (and supersede to the extent of any conflict) any obligations of Supplier to Distributor or Distributor to Supplier. This Guaranty will be effective upon the first sale to Distributor of any Product by Supplier, and the obligations of Supplier under this Guaranty will survive and be enforceable in accordance with its terms.
AMENDED AND RESTATED DISTRIBUTION AGREEMENT. September 15, 2014
AMENDED AND RESTATED DISTRIBUTION AGREEMENT. For purposes of this Agreement, the term “Products” means all products sold or marketed by Supplier that are wholly-owned by Supplier and any other products as mutually agreed on by the Parties; provided, however, that any products sold or marketed by Supplier that are excluded from the definition of Products will not be solely branded ▇▇▇▇▇▇ or will not otherwise be competitive with the Products. Notwithstanding the foregoing, Products will not include (i) any private-labeled or contract-manufactured products for third parties that Supplier has no rights to market or sell; (ii) diagnostic test equipment and strips; (iii) consumer beverages; (iv) Effusio-branded print products; and (v) devices.
AMENDED AND RESTATED DISTRIBUTION AGREEMENT. This Amended and Restated Distribution Agreement (“AGREEMENT”) is entered into as of February 23, 2005 (the “EFFECTIVE DATE”) by and between MedImmune, Inc., a Delaware corporation, having its principal place of business at ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ (“MEDIMMUNE”), and Abbott International LLC, a Delaware limited liability corporation (“ABBOTT”), having its principal place of business at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ Road, ▇▇▇▇▇▇ Park, IL 60064.

Related to AMENDED AND RESTATED DISTRIBUTION AGREEMENT

  • Amended and Restated Agreement This Agreement amends and restates, in its entirety, and replaces, the Prior Loan Agreement. This Agreement is not intended to, and does not, novate the Prior Loan Agreement and Borrower reaffirms that the existing security interest created by the Prior Loan Agreement is and remains in full force and effect.

  • Amended and Restated Trust Agreement This Trust Agreement is the amended and restated trust agreement contemplated by the Trust Agreement dated as of [___], 20[___], between the Depositor and the Owner Trustee (the “Initial Trust Agreement”). This Trust Agreement amends and restates in its entirety the Initial Trust Agreement.

  • Amended and Restated Agreement and Declaration of Trust A copy of the Amended and Restated Agreement and Declaration of Trust for the Trust is on file with the Secretary of the Commonwealth of Massachusetts. The Amended and Restated Agreement and Declaration of Trust has been executed on behalf of the Trust by Trustees of the Trust in their capacity as Trustees of the Trust and not individually. The obligations of this Agreement shall be binding upon the assets and property of the Trust and shall not be binding upon any Trustee, officer, or shareholder of the Trust individually.

  • Whole Agreement The General Provisions, Special Provisions, and Attachments, as provided herein, constitute the complete Agreement (“Agreement”) between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. Except as otherwise provided herein, this Agreement cannot be modified without written consent of the parties.

  • Amended and Restated Credit Agreement (a) This Agreement shall amend and restate the Existing Credit Agreement in its entirety. Without limiting the generality of the foregoing, (a) the Existing Credit Agreement is merged and incorporated into this Agreement and (b) this Agreement shall supersede and control any inconsistent provision in the Existing Credit Agreement. All references in the Loan Documents (including the Existing Loan Documents) to the Existing Credit Agreement are hereby modified and shall now be deemed to refer to this Agreement. All references in the Loan Documents (including the Existing Loan Documents) to the Obligations, the Notes, the Loan Documents and other terms defined herein are hereby modified and shall now be deemed to refer to such terms and items as defined or described in this Agreement. The Guaranty shall guarantee the Notes and the Guaranteed Obligations as defined and described in this Agreement. Without limiting the foregoing and in confirmation of the Liens intended to be granted pursuant to the Loan Documents (including any Existing Loan Documents), each Loan Party grants, conveys, and assigns to the Administrative Agent, as agent for the Lenders, a lien against and security interest in all collateral (if any) described in such Loan Documents as security for the Guaranteed Obligations. Except as modified hereby or by any other Loan Document (whether dated as of or prior to the Agreement Date) which expressly modifies any of the Existing Loan Documents, all of the terms and provisions of the Existing Loan Documents (including schedules and exhibits thereto), and the indebtedness, duties and obligations thereunder, are ratified and affirmed in all respects and shall remain in full force and effect. This Agreement shall not, however, constitute a novation of the Loan Parties’ indebtedness, duties and obligations under or with respect to the Existing Loan Documents, the Existing Loans thereunder or the Existing Letters of Credit issued thereunder. (b) In furtherance of the foregoing, on the Agreement Date (i) all outstanding Existing Loans shall continue to be Revolving Loans hereunder and each applicable Existing Lender shall be deemed to sell, and each New Lender and each Existing Lender whose Revolving Commitments are increasing on the Agreement Date shall be deemed to purchase, an interest therein as required to establish Revolving Loans for each of the Revolving Lenders based on such Revolving Lender’s Revolving Commitment Percentage, and the Administrative Agent shall make such transfers of funds as are necessary in order that the outstanding balances of such Revolving Loans and any other Revolving Loans funded on the Agreement Date, reflect the Revolving Commitments of the Lenders hereunder; (ii) all Existing Letters of Credit shall continue to be Letters of Credit hereunder and each applicable Existing Lender that is a Revolving Lender shall be deemed to sell, and each New Lender and each Existing Lender whose Revolving Commitments are increasing on the Agreement Date shall be deemed to purchase, an interest therein as required to establish the Letter of Loan Participations therein in accordance with its respective Revolving Commitment Percentage; (iii) there shall have been credited to the Existing Lenders all accrued but unpaid interest due on the Existing Loans and Existing Letters of Credit to but excluding the Agreement Date; and (iv) there shall have been credited to the Existing Lenders all accrued but unpaid fees under the Existing Loans and Existing Letters of Credit owing to but excluding the Agreement Date and all other amounts, costs and expenses then owing to any of the Existing Lenders and/or the Administrative Agent under the Existing Credit Agreement, regardless of whether such amounts would otherwise be due and payable at such time pursuant to the terms of the Existing Credit Agreement. (c) On the Effective Date, the commitment of each Lender that is a party to the Existing Credit Agreement, but not a party to this Agreement (other than for purposes of this Section 13.22) (an “Exiting Lender”), shall be terminated, all outstanding obligations owing to such Exiting Lenders under the Existing Credit Agreement on the Effective Date shall be paid in full as provided in this Section, and each Exiting Lender shall cease to be a Lender under this Agreement; provided, however, that, notwithstanding anything else provided herein or otherwise, any rights of an Exiting Lender under the Loan Documents that are intended by their express terms to survive termination of the Revolving Commitments and/or the repayment, satisfaction or discharge of obligations under any Loan Document shall survive for such Exiting Lender hereunder.