Minimum Purchase Amount Sample Clauses
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Minimum Purchase Amount a. In consideration of the Consultant’s contributions to the development of the Products and such Consultant’s assignment of any right, title and interest in and to any Inventions related to the provision of the Services as set forth in Section 6 of the Agreement, the Company agrees to purchase not fewer than $1,000,000 worth of Products if the Products contain Consultant’s Technology (the “Minimum Purchase Amount”) or $500,000 worth of Products if Products do not contain Consultant’s Technology (the “Minimum Purchase Amount”) of Products from Consultant before it purchases any such Products from a manufacturer other than Consultant.
b. If the Company has purchased fewer than half of the Minimum Purchase Amount of Products from Consultant and desires to use a manufacturer other than Consultant for the manufacture of Products, the Company shall pay to Consultant a fee (“Alternate Manufacturer Fee”) of one tenth of the Minimum Purchase Amount, whereupon the license granted by Consultant to the Company in Section 6.3 shall continue and be extended to include the manufacture of the Products by the Company or its contractors and shall survive any termination of this Agreement.
Minimum Purchase Amount. No sale of the Securities to any one Subsequent Purchaser will be for less than an original principal amount of $100,000. If the Subsequent Purchaser is a non-bank fiduciary acting on behalf of others, each person for whom it is acting must purchase at least an original principal amount of $100,000.
Minimum Purchase Amount. On the Purchase Date, the aggregate Purchase Price of the Purchased Assets transferred by the Seller to the Buyer in a Transaction shall not be less than the Minimum Purchase Amount.
Minimum Purchase Amount. Distributor and Company shall agree in writing upon a reasonable minimum purchase amount in Euros for Distributor for the Product in the Territory for each calendar year during the Term (the “Minimum Purchase Amount”). The initial Minimum Purchase Amount is set forth in Exhibit E. For each subsequent calendar year during the Term, the Minimum Purchase Amount for that upcoming calendar year will increase automatically by ten percent (10%) from the previous calendar year unless the parties agree otherwise in writing. Distributor shall purchase Products in sufficient quantities to meet or exceed the Minimum Purchase Amount for the applicable year, provided that Distributor will have no obligation to meet the Minimum Purchase Amount if the Product is unavailable for more than sixty (60) consecutive days or a total of seventy-five (75) days during the applicable year. In the event that Distributor does not meet or exceed the Minimum Purchase Amount for a calendar year, Distributor shall make a payment to Company in an amount equal to fifty percent (50%) of the shortfall amount within sixty (60) days of the end of that calendar year. The remedy under this Section 2.10 is Company’s sole remedy for Distributor’s failure to meet or exceed the Minimum Purchase Amount. For the avoidance of doubt, a Purchase Order submitted in any calendar year counts towards the Minimum Purchase Amount for that calendar year unless Distributor cancels such Purchase Order.
Minimum Purchase Amount. Commencing on the Start Date on which the Term of this Agreement begins and from time to time during the Term of this Agreement, ▇▇▇▇▇▇ agrees to sell and deliver and EPSC agrees that it or its Buyer Entities will purchase and receive a total amount of Goods and Services equal to the Minimum Purchase Amount of $18,000,000 ("MPA"). In order to expand the relationship between ▇▇▇▇▇▇ and EPSC and EPSC's Buyer Entities, at least $6,000,000 of the MPA will be Incremental Business; provided, however, the maximum dollar value of valves that are Incremental Business that can be credited against the MPA is $3,000,000. Any Incremental Business purchased by EPSC and/or its Buyer Entities in excess of $6,000,000, but not to exceed an additional $6,000,000 shall be Additional Incremental Business. Such Additional Incremental Business will not be credited against EPSC's MPA requirements. Incremental Business and Additional Incremental Business shall be priced as described in Section 8 above.
Minimum Purchase Amount. Subject to the Company's right set forth in Section 6.4. hereof, Distributor shall purchase Products from Company to meet annual minimum purchase amount requirements (the “Minimum Purchase Amount”) in U.S. dollars (or the applicable currency denoted in Section 7.1.1), for sale in the Territory, as listed in Exhibit H regarding each of the Products line.
10.1.1. The Minimum Purchase Amount as specified in Exhibit H may be modified annually solely by the Company in its sole discretion, provided that any increase or decrease is within a range of ten percent (10%) of the Minimum Purchase Amount defined in Exhibit H (the "Modification Range"). The Parties may also amend the Modification Range at any time through the execution of an addendum hereto. Notwithstanding the foregoing, after each three (3) year- period counted as of the execution date hereof, the Modification Range shall be amended through negotiation between the Parties and, in no event, shall any Modification Range be increased in an amount less than five per cent (5%) of the previous applicable Modification Range.
10.1.2. In the event Distributor fails to meet the Minimum Purchase Amount at any time, the Company may, in addition to any other rights or remedies it may have, in its sole option and absolute discretion:
(i) Terminate this Agreement for a material breach upon thirty (30) days’ written notice, as set forth in Section 12.3.2(c) hereof; or
(ii) Exclude from this Agreement one or more of the Products upon ninety (90) days’ written notice; or
(iii) Reduce or otherwise modify the Territory as may be established by the Company upon ninety (90) days’ prior written notice.
Minimum Purchase Amount. 5.1 ANLICARE shall purchase at a minimum such quantity of Products in each Contract Year stated in Schedule 3 of this Agreement.
5.2 In the event that ANLICARE fails to make purchases of Products at least equal to the Minimum Annual Purchase Amount set forth in Schedule 3, ANLICARE shall have up to [____] days to make Product purchases equal to the difference between the Minimum Annual Purchase Amount for the applicable Contract Year and the amount actually received by SONOMA in such Contract Year (the “Deficit Amount”), in which case the Deficit Amount shall be counted for the preceding Contract Year, and shall not be counted for the then current Contract Year in which it is paid.
5.3 If ANLICARE fails to purchase the current Minimum Purchase Amount in the following Contract Year with the addition of the Deficit Amount of the preceding Contract Year, this Agreement shall automatically become non-exclusive. Revocation of exclusivity of this Agreement shall be SONOMA’s exclusive remedy under this Agreement for failure to purchase the Minimum Purchase Amounts.
Minimum Purchase Amount. The Company shall sell and issue a minimum of at least $15,000,000 aggregate purchase price of Common Stock to the Purchasers collectively at the Closing, of which at least 15% of the aggregate number of shares of Common Stock so sold and issued at the Closing must be purchased by Biovail.
Minimum Purchase Amount. In order to become the sole authorized Distributor in the Territory, a minimum purchase amount of $12,000 is required on a monthly basis. Distributor shall pay a 50% non-refundable deposit at the time the order is placed. The remaining 50% is due upon delivery of the order to the Distributor’s warehouse.
Minimum Purchase Amount. At the Closing, Buyer agrees to purchase the Shares from NuGene for a cash consideration of $220,000 (the “Purchase Price”).