MINIMUM SALES LEVELS Clause Samples
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MINIMUM SALES LEVELS. If sales for the first or second twelve (12)-month period following Product Release Date are equal to or below the Minimum Sales Level (set forth in the table below) for that period, CMI shall pay to LFP a fee (the "Minimum Fee") calculated as set forth below. The Minimum Fee is calculated based on [confidential treatment requested] which would have been payable to LFP if the Minimum Sales Level for such period had been achieved. The Minimum Fee will be calculated based on the actual [confidential treatment requested] for Products. The Minimum Sales Level will be calculated, and the Minimum Fee paid, for each market segment set forth below, for the significant Market segments that CMI has exclusive rights to, including the United States. The Minimum Fee will be paid within forty-five (45) days of the end of each twelve (12)-month period. Set forth below are the agreed Minimum Sales Level of [confidential treatment requested] for year one (1) and two (2) after the Product Release Date and an example of the Minimum Fee calculations. The Minimum Fee will be adjusted if significant structural, legal, regulatory, time to market acceptance, or other major changes, out of the control of LFP or CMI, occur in the market opportunity for any market segment. Additionally, the Minimum Fee will also be adjusted for major changes that are within the control of LFP, but not within the control of CMI (e.g., the Instruments are back-ordered which prevents meeting sales objectives). Except for [confidential treatment requested] forecast and the minimum [confidential treatment requested] numbers; all other inputs are based on actual experience.
MINIMUM SALES LEVELS. The first bona fide shipment of mens footwear to a customer of Licensee shall occur no later than February 28, 1997. In addition, during each Annual Period, Licensee shall be required to meet the following minimum levels of Net Sales of the mens footwear ("Minimum Sales Level of Mens Footwear"): Minimum Sales Annual Period Level of Mens Footwear First ...... $ 7,000,000* Second...... $13,000,000 Third ...... $20,000,000 Fourth $25,000,000 Fifth ...... $29,000,000 Sixth ...... $32,000,000 Seventh..... $35,000,000 Eighth $38,000,000 *In the event that Licensee commences shipment of Licensed Products prior to October 15, 1996, the Minimum Sales Level for the First Annual Period shall be increased by $583,333.33 for each month or part thereof from the date of first shipment to October 15, 1996. The first bona fide shipment of womens footwear to a customer of Licensee shall occur no later than September 30, 1998. For purposes of the license granted hereunder for womens footwear, the Minimum Sales Level, Net Sales and corresponding payments associated therewith, shall be accumulated for the Second and Third Annual Periods. In addition, during each Annual Period, Licensee shall be required to meet the following minimum levels of Net Sales of womens footwear: Minimum Sales Level Annual Period For Womens Footwear Second and Third $ 54,000,000 Fourth $ 75,000,000 Fifth $ 96,000,000 Sixth $ 120,000,000 Seventh $ 150,000,000 Eighth $ 180,000,000 The Minimum Sales Level for each Annual Period shall be the greater of the amounts set forth above for such Annual Periods and eighty (80%) percent of the actual Net Sales for the immediately preceding Annual Period. In no event may the Minimum Sales Level for any Annual Period be less than Minimum Sales Level for the immediately preceding Annual Period.
MINIMUM SALES LEVELS. If sales for the first or second twelve (12)-month period following Product Release Date are equal to or below the Minimum Sales Level (set forth in the table below) for that period, CMI shall pay to LFP a fee (the "Minimum Fee") calculated as set forth below. The Minimum Fee is calculated based on [confidential treatment requested] which would have been payable to LFP if the Minimum Sales Level for such period had been achieved. The Minimum Fee will be calculated based on the actual [confidential treatment requested] for Products. The Minimum Sales Level will be calculated, and the Minimum Fee paid, for each market segment set forth below, for the significant Market segments that CMI has exclusive rights to, including the United States. The Minimum Fee will be paid within forty-five (45) days of the end of each twelve (12)-month period. Set forth below are the agreed Minimum Sales Level of Instruments for year one (1) and two (2) after the Product Release Date and an example of the Minimum Fee calculations. The Minimum Fee will be adjusted if significant structural, legal, regulatory, time to market acceptance, or other major changes, out of the control of LFP or CMI, occur in the market opportunity for any market segment. Additionally, the Minimum Fee will also be adjusted for major changes that are within the control of LFP, but not within the control of CMI (e.g., the Instruments are back-ordered which prevents meeting sales objectives). Except for instrument forecast and the minimum instrument numbers; all other inputs are based on actual experience.
MINIMUM SALES LEVELS. During each Annual Period, Licensee shall achieve the Minimum Sales Level for such Annual Period set forth in Exhibit F. The Minimum Sales Level for each Annual Period shall be the greater of the amount set forth in Exhibit F for such Annual Period or * Net Sales for the immediately preceding Annual Period. In no event may the Minimum Sales Level for any Annual Period be less than the Minimum Sales Level for the immediately preceding Annual Period. The Minimum Sales Level for each Annual Period during any Extension Term, if applicable, shall be the greater of * . Prior to the commencement of an Extension Term, if any, the parties shall discuss in good faith adjusting the Minimum Sales Levels set forth herein, in the event that there has been a significant decline in the opportunity to sell the Licensed Products.
MINIMUM SALES LEVELS. During each Annual Period, Licensee must achieve the following Minimum Sales Levels of Licensed Products: *** ***
MINIMUM SALES LEVELS. CONFIDENTIAL PORTION OF THIS EXHIBIT OMITTED AND FILED SEPARATELY WITH THE SEC PURSUANT TO RULE 24b-2 OF THE 1934 ACT
MINIMUM SALES LEVELS. During each Annual Period, Licensee must achieve all of the following Minimum Sales Levels: MINIMUM SALES LEVELS -------------------- ------------------------------------------------------------------ Annual Period Wholesale (Yen) Retail (Yen) Total (Yen) ------------- --------------- ------------ ----------- ------------------------------------------------------------------ * * * 1/1/01 - 12/31/01 ------------------------------------------------------------------ * * * 1/1/02 - 12/31/02 ------------------------------------------------------------------ * * * 1/1/03 - 12/31/03 ------------------------------------------------------------------ 1/1/04 - 12/31/04 * * * ------------------------------------------------------------------ ___________________________ /*/ This information, which has been filed separately with the Securities and Exchange Commission, has been omitted and is the subject of a request made to the Commission for confidential treatment. ------------------------------------------------------------------ * * * 1/1/05 - 12/31/05 ------------------------------------------------------------------ Each Total Minimum Sales Level for each Annual Period must be the greater of (a) the amounts set forth above for such Annual Period, and (b) * percent of the actual Net Sales for the immediately preceding Annual Period. Each Wholesale and Retail Minimum Sales Level for each Annual Period must be the greater of (a) the amounts set forth above for such Annual Period, and (b) * percent of the actual applicable Net Sales for the immediately preceding Annual Period. In no event may the Minimum Sales Level for any Annual Period be less than the Minimum Sales Level for the immediately preceding Annual Period. For example, assuming that Wholesale Net Sales in the first Annual Period are JPY*, Retail Net Sales in the first Annual Period JPY*, and Total Net sales are JPY*, then for the second Annual Period the Minimum Sales Level would be JPY* (JPY* x *% = JPY* which is greater than JPY*), the Wholesale Minimum Sales Level would remain at JPY* (JPY* x *% = JPY* which is less than the stated minimum) and the Retail Minimum Sales Level would be JPY* (JPY* x *% = JPY* which is greater than JPY*). Licensee will not be in default of this Agreement the first * times in any consecutive * Annual Periods that it fails to meet the total Wholesale Minimum Sales Level, provided that Licensee pays the Guaranteed Minimum Royalty for such Annual Period. Similarly, Licensee wi...
MINIMUM SALES LEVELS. 6.1 Distributor shall not be required to purchase any minimum dollar amount of Products in the first year following the date of this Agreement. Thereafter, this Agreement will terminate if Distributor has not purchased a minimum of $15,000 of Products by the end of each one-year anniversary of this Agreement.
6.2 Distributor shall advise Manufacturer as to any applicable requirements in the Territory for the packaging of the Products. In no event may Distributor make any change, addition or modification in or to the packaging of any Product without Manufacturer's prior written consent. The Products shall have the weight, size and measurements normally used in the United States of America or those that Manufacturer may establish.
6.3 The Distributor shall advise Manufacturer as to any applicable requirements in the Territory for the labeling of the Products. In no event may the Distributor make any change, addition or modification in or to the labeling of any Product without Manufacturer's prior written consent. The Distributor shall comply with any and all requirements of Territory law in respect of the labeling of the Products, taking into consideration that the Distributor's name, unless expressly required by Territory regulations, shall not have a more prominent exposure in location, color and size than Manufacturer's Trademarks or names. Manufacturer shall sell its Products with English labels, or if otherwise agreed, English and labels in such language as is required in the Territory, but all costs and expenses incurred in translating the Products' labels into any language other than English, as well as any other costs and expenses related to any additional label require to be affixed to the Products or inserted into the packages of the Products by the Authorities (as defined hereinbelow), shall be exclusively borne and paid by Distributor. Distributor will not relabel the Products other than translation and overlabel except with the express prior written consent of Manufacturer. Distributor shall assume all responsibility and liability for any claims by the Authorities or by any other official agency and/or by any party regarding or resulting from improper or unlawful labeling and any damages resulting therefrom. Distributor shall submit for Manufacturer's written approval all labels (with their respective English translations) designed in accordance with Manufacturer's guidelines. No changes in labels once approved by Manufacturer will be made unles...
MINIMUM SALES LEVELS. During each Annual Period, Licensee must achieve the following Minimum Sales Levels: Annual Period Minimum Sales Level ------------- ------------------- First * Second * Third * Fourth * Fifth * The Minimum Sales Level for each Annual Period must be the greater of (a) the amounts set forth above for such Annual Period, if any, and (b) * of the actual Net Sales for the immediately preceding Annual Period. In no event may the Minimum Sales Level for any Annual Period be less than the Minimum Sales Level for the immediately preceding Annual Period.