Business Performance Clause Samples

The Business Performance clause defines the standards or metrics by which a party’s operational or financial results are measured under the agreement. It typically outlines specific targets, such as revenue thresholds, customer acquisition numbers, or service delivery benchmarks, and may require regular reporting or audits to verify compliance. This clause ensures that both parties have a clear understanding of expected outcomes and provides a basis for evaluating success or triggering remedies if performance falls short, thereby promoting accountability and reducing disputes over performance expectations.
POPULAR SAMPLE Copied 1 times
Business Performance. After the Acquisition Effective Time, the Borrower shall not, and it will ensure that no action by the Group or its legal representatives will, cause the Group’s assets, the Group’s revenue or the Group’s net income to decrease by fifteen (15%) per cent or more in any financial quarter (as compared to the previous financial quarter).
View Source
Business Performance. All Associates are expected to be working on growing and improving their business by actively using the Center and participating in its programs. Associates are expected to:
View Source
Business Performance. The Companies have the necessary personnel and are owners or title holders of sufficient rights over assets, contracts, licenses and other necessary elements to perform their business and activities in a normal way, in the manner which has been carried out until this date.
View SourceView Similar (2)
Business Performance. 4.1. Business performance targets shall be described in Subscription Terms according to the level of the Solution Partnership programme type. 4.2. If the Partner does not reach the agreed Business performance target, Dokobit reserves the right to review and unilaterally change the Partnership type or level of the Partner. 4.3. Partner agrees that Dokobit will perform yearly Partner’s business plan review. Subscription Terms may establish additional business plan reviews applicable to different levels of Solution Partnership programme type.
View SourceView Similar (2)
Business Performance. The Business has in excess of seven hundred and fifty (750) current financial institution customers (the determination of this number shall be consistent with Netzee's past counting practices) unless the failure to have such number was caused by any communication by or on behalf of Certegy, or one of its Affiliates, to such customers. For the immediately preceding twelve (12) month period, the Business shall have generated in excess of fifteen million dollars ($15,000,000.00) in revenue, as determined in accordance with past business practice. The Business has had positive earnings before interest, taxes, depreciation and amortization during the immediately preceding twelve (12) month period, as determined in accordance with past business practice.
View Source
Business Performance. During the calendar quarter for the three months ended March 31, 2022, the net revenue of the Company shall be at least $111,700,000 and the gross margin of the Company during such three-month period shall be at least 20%. For the purposes hereof, “net revenue” and “gross margin” shall be calculated in a manner consistent with the calculation of such metrics by the Company in the financial statements of the Company for the year ended December 31, 2021, which shall be set forth in the unaudited financial statements of the Company for such three month period ended March 31, 2022 and shall include line items having similar import.
View Source
Business Performance. The Bitterfeld Supply Center produced 8,839 million tablets in 2012 (2011: 8,435 million tablets). That was 2% above budget, principally as a result of higher volumes for the U.S. market. The pro- duction-related operating expenses for the Supply Center amounted to €42.5 million (2011: €4.01 million), which was 0.7% more than had been budgeted. Capacity utilization remained high in 2012, and there were no significant production outages. Major projects were implemented very successfully during the year, including the installation and validation of a new packaging line in record time, and start-up of routine production of an additio- nal packaging line for sachets. The quality specifications for the production of medicines are subject to Good Manufacturing Practices (GMP). Bayer Bitterfeld GmbH was able to provide evidence of compliance with these requirements in regular inspections by the authorities and inspections by in-house departments. Bayer Bitterfeld GmbH receives investment subsidies under German legislation on investment subsidies. These have to meet stringent legal and tax requirements. Full annual evidence was pro- vided for the fiscal authorities. In 2012 the company launched the „Bitterfeld 2015“ strategy concept to drive forward the strate- gic objectives of the Bayer HealthCare organization, including optimizing production processes, raising flexibility and efficiency, and optimizing throughput times and production costs. The Bayer Group‘s LIFE values are firmly anchored in the objectives of Bayer Bitterfeld GmbH and form an integral part of the global performance management system. LIFE stands for Leader- ship, Integrity, Flexibility and Efficiency and is put into practice with the aid of various activities at the Bitterfeld site. During the year under review, Bayer Bitterfeld 2012 received the official accolade “Top Vocational Training Facility 2012“. The company‘s infrastructure activities slightly exceeded planned revenues from business with partners at the industrial park, which made a contribution to diluting fixed costs.
View Source
Business Performance. All Participants are expected to be working on growing and improving their business by actively using the Incubator Center and participating in its Programs. Participants are expected to: a. Attend monthly meetings (at least nine per year) with peers to discuss goals, challenges and accomplishments, b. Attend 4 workshops per year that increase business skills, c. Set 3-6 strategic goals each year and review and rate performance relative to goals each year, d. Submit a business plan within three months of entering the Program and keep it current, e. Create annual budget projections by month and track and report budget vs. actuals monthly, f. Submit a Profit and Loss Statement and Balance Sheet at least once annually, g. Present a business overview and status report annually to the Board of Directors.
View Source
Business Performance 
View Source

Related to Business Performance

  • Excused Performance In case performance of any terms or provisions hereof shall be delayed or prevented because of compliance with any law, decree or order of any governmental agency or authority, whether the same shall be of Local, State or Federal origin, or because of riots, war, public disturbances, strikes, lockouts, differences with workmen, fires, floods, acts of God or any other reason whatsoever which is not within the control of the party whose performance is interfered with and which, by the exercise of reasonable diligence, said party is unable to prevent, the party so suffering may, at its option, suspend, without liability, the performance of its obligations hereunder during the period of such suspension of performance of duties hereunder.

  • Seller’s Performance All of the covenants and obligations that Seller is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), shall have been duly performed and complied with in all material respects.

  • Obligations Performed Seller shall (a) deliver or make available to Purchaser those items required by Section 2.2, and (b) perform and comply in all material respects with all obligations and agreements required by this Agreement to be performed or complied with by it prior to or on the Effective Time.

  • Services Performance All services are performed using generally recognized commercial practices and standards. Customer agrees to provide prompt notice of any such service concerns and HP will re-perform any service that fails to meet this standard.

  • Buyer’s Performance All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), shall have been performed and complied with in all material respects.