Global Floor Price-Based Adjustment Sample Clauses

Global Floor Price-Based Adjustment. After the First Commercial Sale of Product in the Territory, each report shall include a calculation of the Global Floor Price-Based Adjustment for such quarter as provided in Section 5.11.3.
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Global Floor Price-Based Adjustment. The parties agree that for each calendar quarter there shall be a Global Floor Price Based Adjustment as follows: (a) There shall be an imputed per kilogram purchase price for all Compound sold as Product in the entire Territory, which shall equal [*], where: * CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION A = total Net Sales in the entire Territory during such calendar quarter, expressed in U.S. Dollars B = total amount in kilograms of Compound contained in Product sold during such calendar quarter giving rise to such Net Sales (b) Such imputed per kilogram purchase price shall be no less than [*] per kilogram. (c) Accordingly, in each statement submitted by BMS pursuant to Section 5.11.2(c)(1), BMS shall also show the calculation of the “Global Floor Price-Based Adjustment” equal to: [*], where A and B are as defined in Subsection 5.11.3(a) above. (d) If the Global Floor Price-Based Adjustment for any calendar quarter determined as provided in Subsection (c) above is a positive amount, BMS shall pay Otsuka such amount in U.S. Dollars concurrently with the submission of the related statement referred to therein. If otherwise, no payment shall be due from either party to the other party in respect thereof.
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Related to Global Floor Price-Based Adjustment

  • Non pre-priced Adjustment Factor To be applied to Work determined not to be included in the CTC but within the general scope of the work: 1.1500.

  • Exercise Price Adjustment Whenever the number of Warrant Shares purchasable upon the exercise of the Warrant is adjusted, as herein provided, the Exercise Price payable upon the exercise of this Warrant shall be adjusted by multiplying such Exercise Price immediately prior to such adjustment by a fraction, of which the numerator shall be the number of Warrant Shares purchasable upon the exercise of the Warrant immediately prior to such adjustment, and of which the denominator shall be the number of Warrant Shares purchasable immediately thereafter.

  • Minimum Adjustment of Exercise Price No adjustment of the Exercise Price shall be made in an amount of less than 1% of the Exercise Price in effect at the time such adjustment is otherwise required to be made, but any such lesser adjustment shall be carried forward and shall be made at the time and together with the next subsequent adjustment which, together with any adjustments so carried forward, shall amount to not less than 1% of such Exercise Price.

  • Exceptions to Adjustment of Exercise Price No adjustment to the Exercise Price will be made (i) upon the exercise of any warrants, options or convertible securities granted, issued and outstanding on the date of issuance of this Warrant; (ii) upon the grant or exercise of any stock or options which may hereafter be granted or exercised under any employee benefit plan, stock option plan or restricted stock plan of the Company now existing or to be implemented in the future, so long as the issuance of such stock or options is approved by a majority of the independent members of the Board of Directors of the Company or a majority of the members of a committee of independent directors established for such purpose; or (iii) upon the exercise of the Warrants.

  • Exercise Price Adjusted As used in this Warrant, the term "Exercise Price" shall mean the purchase price per share specified in Section 3 of this Warrant, until the occurrence of an event stated in subsection (a), (b) or (c) of this Section 5, and thereafter shall mean said price as adjusted from time to time in accordance with the provisions of said subsection. No such adjustment under this Section 5 shall be made unless such adjustment would change the Exercise Price at the time by $.01 or more; provided, however, that all adjustments not so made shall be deferred and made when the aggregate thereof would change the Exercise Price at the time by $.01 or more. No adjustment made pursuant to any provision of this Section 5 shall have the net effect of increasing the Exercise Price in relation to the split adjusted and distribution adjusted price of the Common Stock. The number of shares of Common Stock subject hereto shall increase proportionately with each decrease in the Exercise Price.