Excess Sales. If the number or amount of Contract Securities attributable to an Underwriter pursuant to Section 4.1 hereof would exceed such Underwriter’s Original Underwriting Obligation reduced by the number or amount of Underwriters’ Securities sold by or on behalf of such Underwriter, such excess will not be attributed to such Underwriter, and such Underwriter will be regarded as having acted only as a Dealer with respect to, and will receive only the concession to Dealers on, such excess.
Excess Sales. In the event that (a) net sales, determined as of immediately prior to the Closing in a manner consistent with the Sellers’ past practices, recognized with respect to sales of Krystexxa during the period from August 1, 2013 through and including the Closing Date exceeds (b) the product of (i) the number of days elapsed during the period from August 1, 2013 through and including the Closing Date and (ii) $115,000.00 (the amount of any such excess, the “Excess Sales Amount”), the Purchaser may reduce the Purchase Price by the Excess Sales Amount.
Excess Sales. If a Change in an Annual Operating Plan and Budget or a Major Maintenance Budget is required as a direct consequence of Excess Sales, Operator shall promptly notify Owner in detail of the nature and extent of such Change.
