Target Volume. For each Measurement Period, Danka shall, and shall cause its Affiliates to, use reasonable efforts to enter into sufficient Financings in order that the aggregate Volume with respect to such Measurement Period shall be at least equal to the target volume for such period as set forth in the following table (subject to Section 8.2(b) with respect to any Interrupted Measurement Period, the "Target Volume"): Measurement Period Target Volume ------------------ ------------- From 4/1/99 through 3/31/00 $220.0 million From 4/1/00 through 3/31/01 $245.0 million From 4/1/01 through 3/31/02 The greater of (x) the Sales Volume for such Measurement Period and (y) $170.0 million From 4/1/02 through 3/31/03 The greater of (x) the Sales Volume for such Measurement Period and (y) $164.0 million From 4/1/03 through 3/31/04 The Sales Volume for such Measurement Period From 4/1/04 through 3/31/05 The Sales Volume for such Measurement Period From 4/1/05 through 3/31/06 The Final Year Sales Volume for such Measurement Period The sole remedy of GE Capital for any failure by Danka to use such efforts or meet the Target Volume in any Measurement Period shall be Danka's obligation to make Trigger Payments pursuant to Section 8.2 below (provided that the foregoing shall not limit any rights or remedies of GE Capital in respect of the breach by Danka of any other provision of this Agreement). Any failure by Danka to use such efforts or meet the Target Volume in any Measurement Period shall not be deemed to be or constitute a Danka Event of Default.
Appears in 1 contract
Sources: Global Operating Agreement (Danka Business Systems PLC)
Target Volume. For each Measurement Period, Danka ------------- shall, and shall cause its Affiliates to, use reasonable efforts to enter into sufficient Financings in order that the aggregate Volume with respect to such Measurement Period shall be at least equal to the target volume for such period as set forth in the following table (subject to Section 8.2(b) with respect to any Interrupted Measurement Period, the "Target Volume"): ------------- Measurement Period Target Volume ------------------ ------------- From 4/1/99 4/l/99 through 3/31/00 3/3l/00 $220.0 million From 4/1/00 4/l/00 through 3/31/01 $245.0 million From 4/1/01 4/l/01 through 3/31/02 3/3l/02 $170.0 million From 4/l/02 through 1l/30/02 The greater of (x) the Modified 2002 Sales Volume for such Measurement Period and (y) $170.0 million From 4/1/02 12/01/02 through 3/31/03 The greater of (x) the Interim Sales Volume for such Measurement Period and (y) $164.0 million From 4/1/03 4/l/03 through 3/31/04 3/3l/04 The Sales Volume for such Measurement Period From 4/1/04 4/l/04 through 3/31/05 3/3l/05 The Sales Volume for such Measurement Period From 4/1/05 4/l/05 through 3/31/06 3/3l/06 The Final Year Sales Volume for such Measurement Period The sole remedy of GE Capital for any failure by Danka to use such efforts or meet the Target Volume in any Measurement Period shall be Danka's obligation to make Trigger Payments pursuant to Section 8.2 below (provided that the foregoing shall not limit any rights or remedies of GE Capital in respect of the breach by Danka of any other provision of this Agreement). Any failure by Danka to use such efforts or meet the Target Volume in any Measurement Period shall not be deemed to be or constitute a Danka Event of Default.
Appears in 1 contract
Sources: Global Operating Agreement (Danka Business Systems PLC)
Target Volume. For each Measurement Period, Danka shall, and shall cause its Affiliates to, use reasonable efforts to enter into sufficient Financings in order that the aggregate Volume with respect to such Measurement Period shall be at least equal to the target volume for such period as set forth in the following table (subject to Section 8.2(b) with respect to any Interrupted Measurement Period, the "“Target Volume"”): Measurement Period Target Volume ------------------ ------------- From 4/1/99 through 3/31/00 $220.0 million From 4/1/00 through 3/31/01 $245.0 million From 4/1/01 through 3/31/02 $170.0 million From 4/1/02 through 11/30/02 The greater of (x) the Modified 2002 Sales Volume for such Measurement Period and (y) $170.0 million Target Volume From 4/1/02 12/01/02 through 3/31/03 The greater of (x) the Stub-Period Sales Volume for such Measurement Period and (y) $164.0 million From 4/1/03 4/01/03 through 3/31/04 3/31 /04 The Sales Volume for such Measurement Period From 4/1/04 through 3/31/05 The Sales Volume for such Measurement Period From 4/1/05 through 3/31/06 The Sales Volume for such Measurement Period From 4/01/06 through 3/31/07 The Sales Volume for such Measurement Period From 4/1/07 through 3/31/08 The Final Year Sales Volume for such Measurement Period The sole remedy of GE Capital for any failure by Danka to use such efforts or meet the Target Volume in any Measurement Period shall be Danka's ’s obligation to make Trigger Payments pursuant to Section 8.2 below (provided that the foregoing shall not limit any rights or remedies of GE Capital in respect of the breach by Danka of any other provision of this Agreement). Any failure by Danka to use such efforts or meet the Target Volume in any Measurement Period shall not be deemed to be or constitute a Danka Event of Default.
Appears in 1 contract