Most Favored Distributor Clause Samples

A Most Favored Distributor clause ensures that a distributor receives terms and conditions that are at least as favorable as those offered to any other distributor of the same products or services. In practice, this means if the supplier grants better pricing, discounts, or other benefits to another distributor, the distributor covered by this clause must automatically receive the same or better terms. The core function of this clause is to protect the distributor from being disadvantaged in the marketplace, ensuring competitive parity and preventing the supplier from favoring other distributors with superior terms.
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Most Favored Distributor. 4.1 LipoMatrix agrees that the prices offered to its distributors in the European Union ("E.U.") will be not less than the lowest price ("the Lowest Price") at which Products are sold to subsidiaries of Collagen International in the E.U. (currently Collagen (UK) Ltd.) as of the date of this Agreement. In addition, LipoMatrix agrees that the prices at which Products are sold to its Latin American distributors will be not less than eighty-five percent (85%) of such Lowest Price. 4.2 LipoMatrix agrees that prior to entering a distribution agreement with a third party for Israel, Poland or Hungary, that it will discuss pricing for that agreement with Collagen International in an attempt to arrive at a mutually acceptable arrangement. 4.3 LipoMatrix agrees that three (3) years after the date of this Agreement, the payment terms granted to subsidiaries of Collagen International will be reviewed to ensure that those subsidiaries are treated fairly in comparison to other LipoMatrix distributors.
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Most Favored Distributor. If during the Term, BlueArc sells any Products or Support, or any functional equivalents thereof, to any similarly situated distributor or reseller, with substantially similar projected or actual Product sales volume as HDS and its Affiliates, upon substantially similar terms and conditions when considered in their entireties, and charges such distributor or reseller a fee lower in the aggregate than the fees payable by HDS or its Affiliates to BlueArc pursuant to this Article 5, BlueArc shall promptly notify HDS. Distributor or a Regional Affiliate, as applicable, may elect to substitute such lower fee for the fees set forth in this Agreement, but BlueArc will not be required to refund any amounts previously paid under this Agreement. This requirement will not apply to one-time End User transactions involving a distributor or reseller.
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Most Favored Distributor. LVGI hereby grants to IGT status as a “most favored distributor” ("Most Favored Distributor"). IGT's status as Most Favored Distributor entitles it to receive the most favorable terms available on all of LVGI's software distributor rates for all of LVGI's server-based applications.
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Most Favored Distributor. In consideration of Avaya's undertakings herein to market Subscription Service Licenses, End User Licenses and Avaya Hosted Solutions, until Final Expiration (as defined in paragraph C of the section entitled "TERM; EXPIRATION AND TERMINATION), Licensor shall not (a) offer to provide or provide to any third party any of rights, licenses, Services or Training identical or similar to those provided hereunder to Avaya at a price less than the lowest price at which Licensor has offered to provide such item(s) to Avaya, except to the extent that differences in price are justified by differences in the quantity or quality of items offered, or differences in the terms and conditions of the offers that affect Licensor's cost of providing the item(s) (hereafter "a Lower Price"), or (b) make any release of Licensed Products available to any third party for marketing, licensing or other use prior to making such release of Licensed Products available to Avaya for such use. In the event that Licensor offers any third party a Lower Price, Licensor shall immediately a) adjust the prices of the affected items so that all future Avaya purchases shall be at or below the Lower Price, b) with respect to Avaya purchases made of such items commencing on the day that Licensor offered the Lower Price to a third party, refund to Avaya the difference between what Avaya paid Licensor for each such item and the Lower Price for the item and c) in the event that the other party receiving the Lower Price secures sublicenses of Licensed Product that Avaya had sought to provide, Licensor shall pay Avaya fifty percent (50%) of the license fees that Licensor receives from this other party with respect to these sublicenses for a period of twelve (12) months, commencing with the calendar month after such sublicenses are secured by the other party. In the event that (b) of the first sentence of this paragraph is violated and the other party receiving the Lower Price secures sublicenses of Licensed Product that Avaya had sought to provide, Licensor shall pay to Avaya, as liquidated damages in satisfaction of all claims and for all rights to proceed with any such transaction or arrangement, and not as a penalty, Avaya fifty percent (50%) of the license fees that Licensor receives from this other party with respect to these sublicenses for a period of twelve (12) months, commencing with the calendar month after such sublicenses are secured by the other party. Licensor shall pay the foregoing liqu...
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Most Favored Distributor. If during the Term, BlueArc sells any Products or Support, or any functional equivalents thereof, to any distributor, reseller or OEM, with substantially similar sales volume commitments as HDS and/or its Affiliates, and charges such distributor, reseller or OEM a fee lower than the fees payable by HDS or its Affiliates to BlueArc pursuant to Article 5 of the Original Agreement, then BlueArc will promptly notify HDS in writing. HDS or a Regional Affiliate, as * * * Indicates that confidential treatment has been sought for this information applicable, may elect to substitute such lower fee for the fees set forth in this Agreement, but BlueArc will not be required to refund any amounts previously paid under this Agreement. This requirement will not apply to one-time End User transactions involving a distributor or reseller. BlueArc will use good faith efforts to maintain and honor established field sales engagement procedures, for example, the account registration process, and approval of special pricing requests, with no material adverse changes to procedures that would impede or impair HDS’: (a) resale efforts under the Agreement and (b) ability to meet its Quarterly Commitments.
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Related to Most Favored Distributor

  • MOST-FAVORED nation treatment 2 1. Each Party shall accord to investors of the other Party treatment no less favorable than that it accords, in like circumstances, to investors of a non-Party with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments in its territory. 2. Each Party shall accord to covered investments treatment no less favorable than that it accords, in like circumstances, to investments in its territory of investors of a non- Party with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments.

  • Most Favored Customer Contractor shall, within thirty (30) days of their effective date, notify the Lead State and NASPO ValuePoint of any contractual most-favored-customer provisions in third-party contracts or agreements that may affect the promotion of this Master Agreement or whose terms provide for adjustments to future rates or pricing based on rates, pricing in, or Orders from this Master Agreement. Upon request of the Lead State or NASPO ValuePoint, Contractor shall provide a copy of any such provisions.

  • Most-Favored-Nation Treatment 1. Each Party shall accord to investors of the other Party treatment no less favorable than that it accords, in like circumstances, to investors of any non-Party with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments in its territory. 2. Each Party shall accord to covered investments treatment no less favorable than that it accords, in like circumstances, to investments in its territory of investors of any non-Party with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments.

  • Most Favored Lender (a) If the Bank Facility, or any guarantee by a Subsidiary of the Company’s obligations thereunder, or any Other Note Agreement or any guarantee by a Subsidiary of the Company’s obligations thereunder (the Bank Facility, each Other Note Agreement and any of such guarantees being referred to, collectively, as an “MFL Document”), shall be amended, modified or supplemented after the date hereof and during the Covenant Relief Period, whether directly or indirectly, and the effect of such amendment, modification or supplement shall be to impose on the Company or any Subsidiary Guarantor any one or more conditions, covenants, events of default or other terms (other than those referred to in Section 3.2 of this Agreement) that are not contained herein, in the Note Agreement or in the Subsidiary Guarantee (the “Relevant Documents”), or that would, if incorporated into the Relevant Documents, be more favorable to the holders of the Notes than the conditions, covenants, events of default or other terms contained in the Relevant Documents (any such condition, covenant, event of default or other term being referred to herein as a “More Favorable Provision”), then, subject to Section 3.1(b), such More Favorable Provision shall be automatically incorporated in the Relevant Document as if set forth fully therein, mutatis mutandis, and shall be effective as of the date such More Favorable Provision becomes effective in the relevant MFL Document. Thereafter, such More Favorable Provision may only be amended in accordance with the provisions of the Note Agreement. (b) The Company shall give written notice to each holder of Notes of the effectiveness of any More Favorable Provision within 10 days after execution of the document containing such More Favorable Provision, which notice shall include a copy of such document. If the Required Holders give written notice to the Company, within 20 days after receipt of the Company’s notice, objecting to the inclusion of such More Favorable Provision in the Relevant Document, such More Favorable Provision shall not be incorporated in the Relevant Document. (c) Upon the written request of the Company or the Required Holders, the Company or the Subsidiary Guarantors, as applicable, and the Required Holders shall enter into an amendment of the Relevant Document to reflect the inclusion of the More Favorable Provision. All costs of the holders of the Notes incurred in connection with any such amendment (including, without limitation, the reasonable fees and expenses of counsel to the holders) shall be paid by the Company promptly after its receipt of a statement in respect thereof. (d) For the avoidance of doubt, all of the provisions of any Relevant Document shall otherwise remain in effect notwithstanding the incorporation therein of one or more More Favorable Provisions.

  • MOST FAVORED CUSTOMER CLAUSE Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Agreement, Contractor develops a regularly followed standard procedure of entering into agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices, warranties, benefits, and or terms more favorable than those provided to H-GAC, Contractor shall notify H-GAC within ten (10) business days thereafter, and this Agreement shall be deemed to be automatically retroactively amended, to the effective date of Contractor’s most favorable past agreement with another entity. Contractor shall provide the same prices, warranties, benefits, or terms to H-GAC and its END USER as provided in its most favorable past agreement. H-GAC shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty, benefit, or term that was charged or offered to another entity during the term of this Agreement, does not constitute more favorable treatment, than Contractor shall, within ten (10) business days, notify H-GAC in writing, setting forth the detailed reasons Contractor believes the aforesaid offer is not in fact most favored treatment. H-GAC, after due consideration of Contractor’s written explanation, may decline to accept such explanation and thereupon this Agreement between H-GAC and Contractor shall be automatically amended, effective retroactively, to the effective date of the most favored agreement, to provide the same prices, warranties, benefits, or terms to H-GAC and the END USER.