Best Price Transactions Review Sample Clauses

Best Price Transactions Review. For each Reporting Period, the IRO shall perform a review to test whether Mylan determined and reported Best Price for Government Reimbursed Products in accordance with Medicaid Drug Rebate Program Requirements. The Best Price Transactions Review shall consist of two parts: a. Part One of the Best Price Transactions Review. (1) For all of its Government Reimbursed Products that are Single Source Drugs and Innovator Multiple Source Drugs Mylan shall provide the IRO with a list of all Mylan customers who purchased or contracted for those products during a single quarter during the Reporting Period that has been randomly selected by the IRO. The IRO shall then randomly select a sample of 100 Mylan customers (Selected Customers) using the following methodology. The IRO shall categorize each Mylan customer as “large” or “small” based upon the total volume of sales of the contracted Medicaid rebate eligible NDCs to that Mylan customer during the selected quarter. The IRO shall randomly select 90 Mylan customers from the large customer category and 10 Mylan customers from the small customer category. (2) For each of the “large” and “small” Selected Customers, the IRO’s review shall cover the 20 NDCs (at the NDC-9 level) for which Mylan paid the largest amount (i.e., total dollars) of Medicaid rebates during the Reporting Period and 5 randomly selected other NDCs (collectively, the “Selected BP NDCs”). However, for purposes of determining the Selected BP NDCs, if Mylan paid less than $20,000 in Medicaid rebates during the Reporting Period for any randomly selected NDC, the IRO will replace that NDC with a randomly selected NDC for which Mylan paid at least $20,000 in Medicaid rebates for the Reporting Period. Mylan Corporate Integrity Agreement Appendix B (3) For each Selected Customer, the IRO shall identify all contracts with Mylan, any non-contract pricing terms offered by Mylan to the Selected Customer, and all corresponding Selected BP NDCs. The IRO shall determine whether all contract prices and any non-contract pricing terms for each Selected BP NDC were appropriately considered for purposes of determining Best Price in accordance with Medicaid Drug Rebate Program Requirements. To the extent that Mylan made available multiple price concessions in connection with the sale of a Selected BP NDC to a Selected Customer, the IRO shall determine whether the price concessions were appropriately considered for purposes of determining Best Price. (4) Mylan also shall...
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Related to Best Price Transactions Review

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  • Noteholder Demand for Asset Representations Review If a Delinquency Trigger occurs, as reported on Form 10-D, a Noteholder (if the Notes are represented by Definitive Notes) or a Note Owner (if the Notes are represented by Book-Entry Notes) may make a demand on the Indenture Trustee to cause a vote of the Noteholders or Note Owners, as applicable, about whether to direct the Asset Representations Reviewer to conduct a Review of the Review Receivables under the Asset Representations Review Agreement. In the case of a Note Owner, each demand must be accompanied by a certification from that Person that it is a Note Owner, together with at least one form of documentation evidencing its ownership of a Note, including a trade confirmation, account statement, letter from a broker or dealer or similar document. If the Noteholders or Note Owners of at least 5% of the aggregate Note Balance of the Notes demand a vote within 90 days of the filing of the Form 10-D reporting the occurrence of the Delinquency Trigger, the Indenture Trustee will promptly request a vote of the Noteholders or Note Owners of record as of the most recent Record Date and, in the case of Note Owners, through the Clearing Agency process. The vote will remain open until the 150th day after the filing of the Form 10-D. Assuming a voting quorum of the Noteholders or Note Owners holding at least 5% of the aggregate Note Balance of the Notes is reached, if the Noteholders or Note Owners of a majority of the Note Balance of Notes vote to direct a Review, the Indenture Trustee will promptly send a Review Notice to the Asset Representations Reviewer and the Servicer under the Asset Representations Review Agreement stating that the Noteholders or Note Owners have voted to direct the Asset Representations Reviewer to conduct the Review.

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