APPLICATION OF SCHERING CREDITS Sample Clauses

APPLICATION OF SCHERING CREDITS. Schering shall be entitled to apply any outstanding Schering Credits in any calendar quarter against payments otherwise due Chiron under either subsection (a) or (b) below (but not both): (a) pursuant to Section 9.2 (in respect of Domestic Chiron Sales in such quarter), until such time, if at all, that Section 9.4.2(b) is applicable or (b) pursuant to both Section 9.2 (in respect of Foreign Chiron Sales in such quarter) and Section 9.4.1 (in respect of Foreign Non-Chiron Sales in such quarter), at such time as Chiron demonstrates that it has the Capacity (not including the Capacity derived from subcontracting Major Processing Steps to third parties, and only if Chiron has the Capacity to fully supply Schering's orders reasonably necessary to meet demand for Betaseron in the United States and Canada pursuant to Section 7.11 and has fully satisfied those orders) to deliver to Schering for sale in Europe * or more in the immediately succeeding four calendar quarters; PROVIDED, HOWEVER, that such Schering Credits shall not be applied (but shall be carried forward from quarter to quarter) to the extent they would result in Chiron receiving payment: * Confidential portions of material have been omitted and filed separately with the Securities and Exchange Commission.
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Related to APPLICATION OF SCHERING CREDITS

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