Target Purchase Quantities and Minimum Purchase Quantities Clause Samples

The "Target Purchase Quantities and Minimum Purchase Quantities" clause defines the expected and required amounts of goods or services that a buyer must purchase from a seller within a specified period. Typically, this clause sets a target quantity as a goal for purchases and a minimum quantity as a binding commitment, ensuring the buyer orders at least a certain amount regardless of actual demand. By establishing these thresholds, the clause provides predictability for the seller’s production planning and helps prevent shortfalls in orders, thereby allocating risk and ensuring a stable business relationship.
Target Purchase Quantities and Minimum Purchase Quantities. Each Contract Year, as set forth below in this Section 2.2(a), Conergy agrees to purchase from MEMC, over the course of the Contract Year, a target quantity of Wafers (such yearly target purchase quantity commitments, measured in megawatts, the “Yearly Target Quantity”), at the prices set forth on Attachment B hereto. Each Contract Year, as set forth below in this Section 2.2(a), MEMC agrees to supply Conergy, over the course of the Contract Year, with the Yearly Target Quantity per Contract Year, at the prices set forth on Attachment B hereto, which Yearly Target Quantity will not fall below the Yearly Minimum Quantities (as such term is defined in Section 2.2(a)(i) below for Contract Years one through five and in Section 2.2(a)(ii) below for Contract Years six through ten). (i) For Contract Years one through five, the minimum quantities to be purchased by Conergy (such quantities, the “Yearly Minimum Quantities”) shall be equal to the greater of (A) [***]% of the Yearly Target Quantities set forth on Attachment B hereto and (B) approximately [***]% of Conergy’s then current solar wafer demand (measured in ▇▇▇▇▇), provided that MEMC can accommodate [***]% of Conergy’s actual then current solar wafer demand (as part of and pursuant to the rolling forecast process set forth in Section 2.2(e) hereof). For Contract Years one through five, MEMC shall be obligated to supply Conergy quantities only up to [***]% of the Yearly Target Quantities set forth on Attachment B hereto for such Contract Years, unless MEMC has been given at least three (3) years advance notice of Conergy’s request for quantities in excess of [***]% of the Yearly Target Quantities in such years, and MEMC has agreed to supply such increased quantities. In addition, for calendar 2008 only, MEMC has agreed to consider providing potential upside volume to Conergy of [***], at the prices set forth on Attachment B. MEMC will communicate its ability to supply these potential upside volumes to Conergy on a quarterly basis during calendar 2008. These additional upside quantities are not included in the calculations set forth on Attachment B, but will be included should the additional upside quantities be committed by MEMC and Conergy agrees to accept such additional volume. In the event that MEMC indicates to Conergy that MEMC intends to supply such additional volume in 2008, and Conergy agrees to accept such volume, if Wafer delivery has not yet commenced under this Agreement, then all remaining unp...
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Related to Target Purchase Quantities and Minimum Purchase Quantities

  • Contract Quantity The Contract Quantity during each Contract Year is the amount set forth in the applicable Contract Year in Section D of the Cover Sheet (“Delivery Term Contract Quantity Schedule”), which amount is inclusive of outages.

  • MINIMUM ORDER QUANTITY The State makes no commitment to purchase any minimum or maximum quantity, or dollar volume of products from the selected suppliers. Utilization of this agreement will be on an as needed basis by State Agencies and/or Cooperative Participants, Cities, Counties, Schools K-12, Colleges and Universities. The State will award to multiple suppliers; however, the State reserves the right to purchase like and similar products from other suppliers as necessary to meet operational requirements.

  • Minimum Purchase Broker-Dealer shall not sell fewer than $5,000 in Notes to any purchaser without the prior written consent of Issuer.

  • Minimum Purchase Requirements Distributor shall make the minimum annual purchase of Products established in Exhibit B, unless the Agreement has become coexclusive. In the period within the fixed term and extension, if applicable, of the Agreement under Section 10(a) subsequent to [ * ], the parties shall meet in San Francisco at least [ * ] prior to the beginning of each of respective year to discuss market conditions and appropriate minimum purchases for such year. In the event that the parties fail to agree on an appropriate minimum any year subsequent to [ * ], the minimum annual purchase requirement for such year shall be calculated increasing or decreasing (as the case may be) the minimum purchase requirement for the preceding year in proportion to the increase or decrease in the [ * ] (based on data from mutually acceptable data provider) of the applicable product in the Territory. In the event Supplier is unable to deliver Products ordered by Distributor in an amount consistent with the most recent forecast, then the minimum annual purchase requirement shall be reduced by the quantity of Products that Supplier is unable to deliver when requested. In the event Distributor fails in any year (a “Shortfall Year”) to make the annual minimum purchase of Agreement Products required by Exhibit B, Supplier shall have the right to give Distributor written notice of default, and if such failure to make the minimum purchase is not cured (through the purchase of an amount of Agreement Product equal to the entire shortfall in the Shortfall Year, which amount shall not be counted towards any minimum purchase requirements for the year of purchase) within [ * ] of receipt of the notice, then Supplier shall have the right, in Supplier’s sole discretion and as Supplier’s sole remedy for Distributor’s failure to meet the minimum purchase requirements hereunder, either to convert the appointment of Distributor from exclusive to non-exclusive or to terminate this Agreement. In the event of either conversion to non-exclusive or termination of this Agreement pursuant to this Section 3(e), the Supplier shall pay Distributor a conversion fee equal to [ * ], and Distributor shall transfer all Regulatory Approvals relating to BMS or DES in the Territory to Supplier.

  • Funding Restrictions and Order Quantities The Agency reserves the right to reduce or increase estimated or actual quantities in whatever amount necessary without prejudice or liability to the Agency, if: 12.3.1 Funding is not available; 12.3.2 Legal restrictions are placed upon the expenditure of monies for this category of service or supplies; or, 12.3.3 The Agency’s requirements in good faith change after award of the contract.