Annual Obligation. Beginning on the Commencement Date and continuing until the Agreement is terminated as provided in Section 4, the Manager and the Sub-Manager shall provide expense support to the Company through reducing the payment of Fees and reimbursements of Reimbursable Expenses in an amount that is equal to the annual (calendar year) excess of (a) the Distributions declared and payable to Shareholders over (b) Available Operating Funds (the “Expense Support Amount”), provided, however, that for the calendar year ending December 31, 2017, the Expense Support Amount may be equal to any negative Available Operating Funds. The Expense Support Amount shall be borne equally (50%/50%) by the Manager and the Sub-Manager, and shall be calculated as of the last Business Day of the calendar year.
Annual Obligation. Client shall be obligated to purchase from Baxter a minimum number of Units of Products for each Contract Year during the Term of this Agreement as set forth in Exhibit B (the “Annual Obligation”). *** No later than ninety (90) calendar days before the commencement of a new Contract Year, the Parties will discuss whether the Annual Obligation for the upcoming Contract Year needs to be increased to accommodate any increase in the market demand of the Product. In the event the Parties agree upon an increase in the Annual Obligation, Exhibit B shall be amended to reflect any agreed upon increase in the Annual Obligation and Bxxxxx’x Supply Obligation.
Annual Obligation. I/We promise to pay YEARLY dues of (+tax) in one annual payment, with the payment due on the first day of 2021. If payment is made annually, there is a free one month membership added to your renewal date.
Annual Obligation. For the duration of the Settlement Period, the District will dedicate funding in an annual amount equal to ten percent (10%) of the District’s annual Maintenance and Operations budget (“M&O Budget”) to remove Architectural Barriers as necessary to provide Program Access, in accordance with the priorities set forth in the Transition Plan. This annual obligation can be satisfied through hiring of outside contractors or by use of District personnel, and can include costs of materials used as well as District salaries and benefits in an amount that addresses the time spent by District Personnel doing Architectural Barrier removal work. Should the District exceed its annual obligation in any given fiscal Year, the District will receive credit for such additional expenditure up to a maximum of 20% of that Year’s annual obligation. The 20% rollover credit will reduce the next Year’s annual obligation by that amount. Should the District fail to spend its entire annual obligation for a given Year, it will be required to spend the shortfall in the following Year, in addition to that Year’s annual obligation.
Annual Obligation. AMYLIN shall be obligated to purchase from BAXTER a minimum number of Units of such Product in each calendar year during the Term of this Agreement as specified in Exhibit F (the “Annual Obligation”), which Annual Obligation shall be pro rated for any partial calendar year. Within [***] ([***]) days after the end of each calendar year, AMLYIN shall pay to BAXTER the difference between the Purchase Price of the Product actually purchased pursuant to Sections 4.1 and 4.2 by AMYLIN and the Purchase Price of the Annual Obligation of the Product. BAXTER specifically agrees there shall be no Annual Obligation for the first calendar year after Regulatory Approval in the United States.
Annual Obligation. Client shall be obligated to purchase from Baxter a minimum number of Units of Commercial Products for each Contract Year during the Commercial Product Addendum Term as set forth in the Commercial Product Addendum (the “Annual Obligation”). *** No later than ninety (90) calendar days before the commencement of a new Contract Year, the Parties will discuss whether the Annual Obligation for the upcoming Contract Year needs to be increased to accommodate any increase in the market demand of the Product. In the event the Parties agree upon an increase in the Annual Obligation, the Commercial Product Addendum shall be amended to reflect any agreed upon increase in the Annual Obligation and
Annual Obligation. Subject to Section 4.4, Dynavax shall be obligated to order for Production (with the formulation and filling of all Batches to occur within the applicable calendar year) from Baxter a minimum number of Batches of Product in each calendar year during the Term of this Agreement as specified in Exhibit B of the Product Addendum (as more fully defined below in this Section, the “Annual Obligation”), which Annual Obligation shall be pro-rated for any partial calendar year. For the avoidance of doubt, in each calendar year, Dynavax must order for Production (with the formulation and filling of all Batches to occur within the applicable calendar year) the greater of the Annual Obligation or the binding portion of the Twelve Month Rolling Forecasts. Within [***] days after the end of each calendar year, the Parties will determine the number of Batches of Product ordered by Dynavax for Production (as set forth above) in the then previous calendar year. Within [***] calendar days after such calculation, Dynavax shall pay Baxter for the difference between the aggregate Production Price of Product actually ordered by Dynavax for Production (with the formulation and filling of all Batches to occur within the applicable calendar year) pursuant to Sections 4.1 and 4.2 in the calendar year and the aggregate Production Price of the greater of (i) the Annual Obligation or (ii) the binding portions of the Twelve Month Rolling Forecasts.”
Annual Obligation. Client shall be obligated to purchase from Baxter a minimum number of Units of Commercial Products for each Contract Year during the Commercial Product Addendum Term as set forth in the Commercial Product Addendum (the “Annual Obligation”). *** No later than ninety (90) calendar days before the commencement of a new Contract Year, the Parties will discuss whether the Annual Obligation for the upcoming Contract Year needs to be increased to accommodate any increase in the market demand of the Product. In the event the Parties agree upon an increase in the Annual Obligation, the Commercial Product Addendum shall be amended to reflect any agreed upon increase in the Annual Obligation and Bxxxxx’x Supply Obligation. In the event of a diminished market due to a Regulatory Authorities’ intervention that limit the possible sales volumes of a Product by fifty percent (50%) or more, this shall have an influence on Oasmia’s Annual Obligation and Bxxxxx’x Supply Obligation, and an amendment to reflect such change shall be inserted in the CPA immediately.
Annual Obligation. Subject to Section 4.4, Dynavax shall be obligated to purchase from Baxter Dynavax’s Contract Requirements of Product in each calendar year during the Term of this Agreement as specified in the Product Addendum (the “Annual Obligation”), which Annual Obligation shall be prorated for any partial calendar year. Within thirty (30) calendar days after the end of each calendar year, Dynavax will provide Baxter with a signed affidavit, along with supporting documentation, that Dynavax met or exceeded its Annual Obligation in the previous calendar year. In the event Baxter disputes the data provided by Dynavax, Baxter will provide supporting data to Dynavax and the Parties will in good faith work together to reach agreement on the volume of Product representing Dynavax’s Contract Requirements during the applicable calendar year. In the event Dynavax does not meet or exceed its Annual Obligation in any calendar year, Dynavax shall pay to Baxter the difference between the aggregate Production Price of Product actually purchased pursuant to Sections 4.1 and 4.2 by Dynavax and the aggregate Production Price of the Annual Obligation of Product, with such payment due within thirty (30) days of such determination.
Annual Obligation. AMYLIN shall be obligated to purchase from BAXTER a minimum number of Units of such Product in each calendar year following BAXTER * Confidential Treatment Request(ed) Approval during the Term of this Agreement as specified in Exhibit F (the “Annual Obligation”), which Annual Obligation shall be pro rated for any partial calendar year. Within [***] ([***]) days after the end of each calendar year, AMLYIN shall pay to BAXTER the difference between the Purchase Price of the Product actually purchased pursuant to Sections 4.1 and 4.2 by AMYLIN and the Purchase Price of the Annual Obligation of the Product. AMYLIN and BAXTER agree that if AMYLIN determines to market Product in a cartridge and disposable pen system in addition to a vial container closure system, then AMYLIN and BAXTER shall negotiate in good faith to modify this Agreement to include the Production of SYMLIN in the cartridge/pen system and to amend the Annual Obligations set forth on Exhibit F and include pricing for such cartridges/pens. These good faith negotiations shall include as their objective the reduction of the number of vial Units and the addition of a number of cartridge Units in the Annual Obligations specified on Exhibit F with no overall reduction in the collective number of Units.
