Applicable Purchase Price. Within forty-five days after the end of each calendar month, if the Applicable Purchase Price for each Initial Blood Screening Assay sold by Chiron, its Affiliates, or the Major Distributor (other than sales pursuant to Sections 3.1.4(b) or 3.6) during such calendar month is greater than the Transfer Price for such Initial Blood Screening Assay previously paid by Chiron or its Affiliates to Gen-Probe, then Chiron shall pay the difference to Gen-Probe. If the Applicable Purchase Price for an Initial Blood Screening Assay sold by Chiron, its Affiliates, or the Major Distributor (other than sales pursuant to Sections 3.1.4(b) or 3.6) during such calendar month is less than the Transfer Price for such Initial Blood Screening Assay previously paid by Chiron, its Affiliates, or the Major Distributor to Gen-Probe, then Gen-Probe shall pay the difference to Chiron.
Applicable Purchase Price. Within forty-five (45) days after the end of each calendar month, if the Applicable Purchase Price for each Future Blood Screening Assay sold by Chiron, its Affiliates, or the Major Distributor during such calendar month is greater than the Transfer Price for such Future Blood Screening Assay previously paid by Chiron or its Affiliates to Gen-Probe, then Chiron shall pay the difference to Gen-Probe. If the Applicable Purchase Price for a Future Blood Screening Assay sold by Chiron, its Affiliates, or the Major Distributor during such calendar month is less than the Transfer Price for such Future Blood Screening Assay previously paid by Chiron or its Affiliates to Gen-Probe, then Gen-Probe shall pay the difference to Chiron.
Applicable Purchase Price. Within thirty (30) calendar days of such determination of the Fair Market Value of the Company, the Company’s accountants shall prepare a schedule setting forth the amounts that would be distributed to each of the Members on the assumption that the Company completes a sale of its assets for, and receives cash equal to, such Fair Market Value as of the date of the notice, pays all outstanding obligations and customary closing and transaction costs that would have been likely to have been incurred if the Company was sold for such Fair Market Value, dissolves and then distributes the remaining balance to the Members in accordance with the terms of this Agreement. The amount that would be so distributed to each such Member shall be the purchase price (the “Applicable Purchase Price”) for such Member’s Membership Interest under this Section.
Applicable Purchase Price. As used in the Agreement, the "Applicable Purchase Price" applicable to the Ultrio Assay Product is as set forth in Section 1.2.1 of the Agreement. The parties acknowledge that the Ultrio Assay Product is a Future Blood Screening Assay which includes as a constituent element an assay for HCV (other than those sold pursuant to Sections 3.1.4(b) or 3.6 of the Agreement), for which the provisions of Section 1.2.1 of the Agreement describes the "Applicable Purchase Price", as determined from time to time during the term of the Agreement. Notwithstanding section 3.2.7(b) of the Agreement, the Applicable Purchase Price for the Ultrio Assay Product in the Territory will never be less than [***].
Applicable Purchase Price. Within forty-five (45) days after the end of each calendar month, Chiron shall pay to Gen-Probe the Applicable Purchase Price for each Combo Clinical Diagnostic Assay sold by Chiron or its Affiliates during such calendar month is greater than the Transfer Price for such Combo Clinical Diagnostic Assay previously paid by Chiron or its Affiliates to Gen-Probe, then Chiron shall pay the difference to Gen-Probe. If the Applicable Purchase Price for the Combo Clinical Diagnostic Assay sold by Chiron or its Affiliates during such calendar month is less than the Transfer Price for such Combo Clinical Diagnostic Assay previously paid by Chiron or its Affiliates to Gen-Probe, then Gen-Probe shall pay the difference to Chiron.
Applicable Purchase Price. Section 1.2.1 of the Agreement shall be and is hereby amended to read as follows:
1.2.1 With respect to each Initial Blood Screening Assay, and each Future Blood Screening Assay which includes as a constituent element an assay for HCV (other than those sold pursuant to Sections 3.1.4(b) or 3.6), and except as set forth in Section 1.2.2 below, an amount equal to Forty-five and Seventy-five one hundredths percent (45.75%) of Net Sales thereof.
Applicable Purchase Price. Novartis shall pay to Gen-Probe the Applicable Purchase Price for each Blood Screening Assay sold by a Seller to a Third Party in a calendar month, less the Transfer Price actually paid to Gen-Probe for such Blood Screening Assay, within thirty (30) days after the end of each calendar month and concurrently with the written report required by Section 6.4.
Applicable Purchase Price. As used in the Agreement, the "Applicable Purchase Price" applicable to the WNV Assay Product is as set forth in Section 1.2.3 of the Agreement. The parties acknowledge that the WNV Assay Product is a Future Blood Screening Assay which does not include as a constituent element an assay for HCV, for which the provisions of Section 1.2.3 of the Agreement describes the "Applicable Purchase Price", as determined from time to time during the term of the Agreement. Notwithstanding section 3.2.7(b) of the Agreement, the Applicable Purchase Price for the WNV Assay Product in the Territory will never be less than [...***...].
Applicable Purchase Price. Notwithstanding anything to the contrary set forth in this Section 3.1.9(g), Section 1.3.3 of this Agreement (relating to the minimum Applicable Purchase Price) remains in full force and effect and the pricing contemplated by this Section 3.1.9(g) for the TRC shall at all times be subject to Section 1.3.3 of this Agreement. This Section 3.1.9 Grifols/Gen-Probe – Amendment #2 to Restatement
