Minimum Volume Commitments Sample Clauses
A Minimum Volume Commitments clause requires one party, typically the buyer, to purchase or take delivery of a specified minimum quantity of goods or services over a defined period. In practice, this means the buyer is obligated to meet or exceed the agreed-upon volume, and if they fall short, they may have to pay for the shortfall or face other penalties. This clause ensures predictable revenue for the seller and helps both parties plan their operations and resource allocation, ultimately reducing the risk of underutilization or unexpected shortfalls.
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Minimum Volume Commitments. 4.1 The minimum Semi-Annual Revenue Commitments (MSARCs) are as follows:
(a) For months 1 through 6, the MSARC is [*] of total charges billed for Services provided during those months, net of all discounts and credits ("Net Billing"). The Customer may, within five (5) days following the Signing Agreement, reduce the MSARC for months 1 through 6 to [*], by paying a commitment reduction charge of [*] to AT&T.
(b) For months 7 through 12 the MSARC is [*] of Net Billing.
(c) For months 13 through 18 the MSARC is [*] of Net Billing.
Minimum Volume Commitments. 4.1 The Minimum Semi-Annual Revenue Commitments (MSARCs) are as follows:
(a) For months 1 through 6, the MSARC is $105,000,000 of total charges billed for Services provided during those months, net of all discounts and credits ("Net Billing"). The Customer may, within five (5) days following the Signing Agreement, reduce the MSARC for months 1 through 6 to $5,000,000, by paying a commitment reduction charge of $5,000,000 to AT&T.
(b) For months 7 through 12 the MSARC is $4,500,000 of Net Billing.
(c) For months 13 through 18 the MSARC is $4,200,000 of Net Billing.
Minimum Volume Commitments. The Borrower shall not, nor shall it permit any of its Subsidiaries to, enter into any Minimum Volume Commitment without prior written consent of the Administrative Agent.
Minimum Volume Commitments. Contractor shall deliver a minimum amount of DC kW in Installations or Net Orders as is set forth in table below and in accordance with the terms hereof (“Minimum Volume Commitment”). The Parties may mutually agree in writing to an updated Minimum Volume Commitment from time to time without requiring an amendment to this Agreement. Annually, until the end of the Term, the Parties shall mutually agree on a Minimum Volume Commitment for the upcoming year. In the event that Sunrun and Contractor fail to mutually agree upon a Minimum Volume Commitment for any period of time for which a Minimum Volume Commitment is not in place, the Minimum Volume Commitment for such period shall be that in place during the month immediately preceding such time until the Parties mutually agree on a new Minimum Volume Commitment. “Watt” is a unit of electrical power, measured in direct current (“DC”) standard test conditions. A “Kilowatt” or “kW” is 1,000 ▇▇▇▇▇. A “Megawatt” is 1,000,000 ▇▇▇▇▇.
Minimum Volume Commitments. (a) During the period commencing on the Effective Date and ending on [***] (such period, as it may be extended in writing under specific circumstances as provided herein, the “Minimum Commitment Period”), TerreStar agrees to order from Nokia Siemens a total of [***] units of Contributing Products (the “Volume Commitment”). In the event that TerreStar does not place Orders confirmed by Nokia Siemens for Contributing Products meeting the Volume Commitment during the Minimum Commitment Period to the extent due solely to the fault of TerreStar, then Nokia Siemens shall be entitled to receive a liquidated damage charge of [***] percent ([***]) of the portion of the Volume Commitment that remains unfulfilled as of the end of the Minimum Commitment Period less the amount, if any, payable to Nokia Siemens pursuant to the penultimate sentence of Section 11.2(b). Such amount (s) will be due and payable within [***] of Nokia Siemens’ date of invoice thereof. For the avoidance of doubt, TerreStar shall not be in breach of its Volume Commitment so long as Orders have been placed for all required Contributing Units by not later than the end of the Minimum Commitment Period under Orders providing for final delivery of such Products to the applicable TerreStar Sites by not later than [***] thereafter.
(b) In addition, [***], TerreStar agrees to place a firm Order, for [***] units of Contributing Products by [***] in accordance with Exhibit R calling for delivery of such units to the applicable TerreStar Sites following completion of a field test (a “Rebanding Test”), to be conducted by TerreStar at its expense, which confirms that the Contributing Products meet the functionality requirements set forth in the R&D Agreement for S-Band Flexi-BTS Rebanding entered into between the Parties in [***] and in which no Level A or B Failures occur or are identified (a “Successful Rebanding Test”). The Rebanding Test shall be conducted by not later than [***]. To the extent that one or more of the applicable TerreStar Sites is not sufficiently prepared for Contributing Products to be installed at such TerreStar Site(s), Nokia Siemens shall deliver the Contributing Product units to be installed at such TerreStar Site (s) to TerreStar warehouse facilities until the TerreStar Site(s) are prepared, at which time Nokia Siemens in accordance with the demand plan services set forth in Exhibit R shall at TerreStar’s cost physically deliver such Contributing Product units to the applicable Te...
Minimum Volume Commitments. CFS shall offer at least [****]dollars ($[****]) per annum to the Bank for funding.
Minimum Volume Commitments. Company agrees to purchase the following minimum volume of Products during the calendar years set forth below. For purposes of this Section 4.3, the time of purchase shall be considered to be the time at which Wherify receives payment. Month 1-12: 100,000 Product units 2006: 000,000 Product units (TBD) 2007: 000,000 Product units (TBD) If Company does not purchase the minimum volumes set forth above, it shall be deemed a material breach of this Agreement. Because the Products have been priced using a manufacturing cost that assumes a minimum volume of Product production, if Company fails to meet the annual projected volume of Product, any materials discounts that are lost, and any additional amounts paid by Wherify, as a result will be invoiced to the Company. Nothing in this Section 4.3 is intended to limit Wherify's remedies.
Minimum Volume Commitments. Schedule 8.24 sets forth, as of the Closing Date, all Minimum Volume Commitments of the Borrower and the Restricted Subsidiaries and indicates which Minimum Volume Commitment have an acreage dedication associated therewith.
Minimum Volume Commitments. The Borrower and/or other Credit Parties shall, within five (5) Business Days of entry into any Minimum Volume Commitment arrangements, notify the Administrative Agent and provide copies of the definitive documentation governing such arrangements to the Administrative Agent.
Minimum Volume Commitments. Except as set forth on Schedule 4.21, none of Seller or any of its Affiliates has directly entered into any, and to Seller’s knowledge there is no, Contract binding on or applicable to the Assets (i) that contains a commitment for Seller or any such Affiliate to provide a minimum volume of Hydrocarbons to another Person (except for and excluding any minimum volume of Hydrocarbons committed under a customary base contract for the sale and purchase of natural gas, as amended or supplemented) or (ii) that requires Seller or any such Affiliate to pay a deficiency payment or similar obligation (or become subject to any penalty or similar Damages) in the event Seller or any such Affiliate fails to provide the applicable minimum volume of Hydrocarbons in such relevant time period.