Practical Yield Sample Clauses

Practical Yield. Within fifteen (15) business days after the completion of production of the twentieth (20th) Batch of Product by NPI under this Agreement, NPI and CUSTOMER shall meet and, based on the experience of NPI during production of such first twenty (20) Batches, NPI and CUSTOMER shall agree upon an acceptable average yield of Product (number of tablets) produced from each Batch of API used by NPI (the “Acceptable Yield”). Within fifteen (15) business days after the end of each calendar quarter thereafter during the Term, NPI shall provide CUSTOMER with a report showing the actual yield of Product produced from each Batch of API used by NPI during such calendar quarter (the “Yield”). If the average Yield for all such Batches (the “Average Yield”) is less than the Acceptable Yield, NPI shall credit CUSTOMER with an amount equal to the product of (a) the Price per * Confidential material redacted and filed separately with the Commission. vial multiplied by 2 (two) multiplied by (b) the difference between the Acceptable Yield and the Average Yield multiplied by (c) the number of Batches accepted by CUSTOMER during such calendar quarter. At the end of each Year, NPI and CUSTOMER shall review the actual average Yield for all Batches accepted by CUSTOMER during such Contract Year. If such average Yield has been consistently greater or less than the Acceptable Yield during the course of such Year, the Acceptable Yield may be revised by mutual agreement in writing. The Acceptable Yield for the first Year shall be based on the actual yield of acceptable tablets produced during the processing of the Batches designated as the “commercial validation” lots and the next number of Batches required to bring the total number of Batches produced to twenty (20), adjusted by a mutually agreed loss factor for anticipated “typical commercial scale production losses”. In addition, the Acceptable Yield may be revised by mutual agreement in writing whenever significant changes are made to the production process. NPI shall endeavor in good faith to achieve the highest practical yield on all Batches.
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Practical Yield. The Production Fee is based upon a guaranteed yield of vials of Product per Batch (the "Guaranteed Yield"). Within ten (10) days after the end of each Contract Quarter, Oread shall provide Praecis with a report showing the actual yield of Product produced from each Batch accepted by Praecis during such Contract Quarter (the "Yield"). If the average yield for all such Batches (the "Average Yield") is less than the Guaranteed Yield, Oread shall credit Praecis with an amount equal to the product of (a) the Production Fee per vial multiplied by 2 (two) multiplied by (b) the difference between the Guaranteed Yield and the Average Yield multiplied by (c) the number of Batches accepted by Praecis during such Contract Quarter. At the end of each Contract Year, Oread and Praecis shall review the average Yield for all Batches accepted by Praecis during such Contract Year. If such average Yield has been consistently greater or less than the Guaranteed Yield during the course of such Contract Year, the Guaranteed Yield may be revised by mutual agreement in writing. The Guaranteed Yield for the first Contract Year shall be based on the actual yield of acceptable vials filled during the Processing of the lots designated as the "commercial validation" lots and the first ten lots of Product filled after the completion of commercial validation, adjusted by a mutually agreed loss factor for anticipated "typical commercial scale production losses". In addition, the Guaranteed Yield may be revised by mutual agreement in writing whenever significant changes are made to the production process. Oread shall endeavor in good faith to achieve the highest practical yield on all Batches
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Related to Practical Yield

  • Staffing Levels To the extent legislative appropriations and PIN authorizations allow, safe staffing levels will be maintained in all institutions where employees have patient, client, inmate or student care responsibilities. In July of each year, the Secretary or Deputy Secretary of each agency will, upon request, meet with the Union, to hear the employees’ views regarding staffing levels. In August of each year, the Secretary or Deputy Secretary of Budget and Management will, upon request, meet with the Union to hear the employees’ views regarding the Governor’s budget request.

  • Inability to Determine Interest Rates If prior to the commencement of any Interest Period for any Eurodollar Borrowing, (i) the Administrative Agent shall have determined (which determination shall be conclusive and binding upon the Borrower) that, by reason of circumstances affecting the relevant interbank market, adequate means do not exist for ascertaining LIBOR for such Interest Period, or (ii) the Administrative Agent shall have received notice from the Required Lenders that the Adjusted LIBO Rate does not adequately and fairly reflect the cost to such Lenders (or Lender, as the case may be) of making, funding or maintaining their (or its, as the case may be) Eurodollar Loans for such Interest Period, the Administrative Agent shall give written notice (or telephonic notice, promptly confirmed in writing) to the Borrower and to the Lenders as soon as practicable thereafter. In the case of Eurodollar Loans, until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances giving rise to such notice no longer exist, (i) the obligations of the Lenders to make Eurodollar Revolving Loans or to continue or convert outstanding Loans as or into Eurodollar Loans shall be suspended and (ii) all such affected Loans shall be converted into Base Rate Loans on the last day of the then current Interest Period applicable thereto unless the Borrower prepays such Loans in accordance with this Agreement. Unless the Borrower notifies the Administrative Agent at least one Business Day before the date of any Eurodollar Revolving Borrowing for which a Notice of Revolving Borrowing has previously been given that it elects not to borrow on such date, then such Revolving Borrowing shall be made as a Base Rate Borrowing.

  • Inability to Determine Interest Rate If prior to the first day of any Interest Period: (a) the Administrative Agent shall have determined (which determination shall be conclusive and binding upon the Borrower) that, by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period, or (b) the Administrative Agent shall have received notice from the Majority Facility Lenders in respect of the relevant Facility that the Eurodollar Rate determined or to be determined for such Interest Period will not adequately and fairly reflect the cost to such Lenders (as conclusively certified by such Lenders) of making or maintaining their affected Loans during such Interest Period, the Administrative Agent shall give telecopy or telephonic notice thereof to the Borrower and the relevant Lenders as soon as practicable thereafter. If such notice is given (x) any Eurodollar Loans under the relevant Facility requested to be made on the first day of such Interest Period shall be made as ABR Loans, (y) any Loans under the relevant Facility that were to have been converted on the first day of such Interest Period to Eurodollar Loans shall be continued as ABR Loans and (z) any outstanding Eurodollar Loans under the relevant Facility shall be converted, on the last day of the then-current Interest Period, to ABR Loans. Until such notice has been withdrawn by the Administrative Agent, no further Eurodollar Loans under the relevant Facility shall be made or continued as such, nor shall the Borrower have the right to convert Loans under the relevant Facility to Eurodollar Loans.

  • Inability to Determine Applicable Interest Rate In the event that Administrative Agent shall have determined (which determination shall be final and conclusive and binding upon all parties hereto), on any Interest Rate Determination Date with respect to any Eurodollar Rate Loans, that by reason of circumstances affecting the London interbank market adequate and fair means do not exist for ascertaining the interest rate applicable to such Loans on the basis provided for in the definition of Adjusted Eurodollar Rate, Administrative Agent shall on such date give notice (by telefacsimile or by telephone confirmed in writing) to Borrower and each Lender of such determination, whereupon (i) no Loans may be made as, or converted to, Eurodollar Rate Loans until such time as Administrative Agent notifies Borrower and Lenders that the circumstances giving rise to such notice no longer exist, and (ii) any Funding Notice or Conversion/Continuation Notice given by Borrower with respect to the Loans in respect of which such determination was made shall be deemed to be rescinded by Borrower.

  • Level II In the event the grievance is not resolved in Level I, the decision rendered may be appealed to the Superintendent of Schools, provided such an appeal is made in writing within ten (10) days after receipt of the decision in Level I. If a grievance is properly appealed to the Superintendent, the Superintendent or his/her designee shall meet regarding the grievance within fifteen (15) days after receipt of the appeal. Within ten (10) days after the meeting, the Superintendent or his/her designee shall issue a decision, in writing, to the parties involved.