Cumulative Sales. Goal. In FY19, the Company expects to adopt new accounting rules related to revenue recognition and, if so, will report its Total sales for its 2019 fiscal year under the new revenue recognition rules and will reconcile in a footnote what its Total sales would have been in such year if the new revenue recognition rules had not been adopted. If there is a difference between the Total sales reported and the reconciled Total sales for the Company’s 2019 fiscal year, an adjustment will be made to the Cumulative Sales goal. If the Total sales reported under the new revenue recognition rules is less than the Total sales that would have been reported if the new revenue recognition rules had not been adopted, the Cumulative Sales goal will be decreased by 200% of the positive difference to reflect the fact that new accounting rules will impact two years of the Performance Period (FY19 and FY20). If the Total sales reported under the new revenue recognition rules is greater than the Total sales that would have been reported if the new revenue recognition rules had not been adopted, the Cumulative Sales goal will be increased by 200% of such difference to reflect the fact that new accounting rules will impact two years of the Performance Period (FY19 and FY20). The example below shows how the Cumulative Sales goal would be increased:
Cumulative Sales. Licensee shall cause the commissioning of THREE (3) Extraction Systems on or before December 31, 2008, and an additional FIVE (5) Extraction Systems, for a total of EIGHT (8) Extraction Systems, on or before December 31, 2009, and an additional FIVE (5) Extraction Systems per year for each year thereafter up to a total of EIGHTEEN (18) Extraction Systems on a cumulative basis; provided, however, that Licensee's obligation hereunder shall be contingent upon equipment or component availabilities. The cumulative aspect of this requirement shall mean that Purchaser shall receive credit for all Extraction Systems commissioned, regardless of the time of such commissioning, during the Term hereof.
Cumulative Sales. Not permit the aggregate consolidated cumulative sales of the Parent and its Subsidiaries, based on the financial budget of the Credit Parties delivered to the Lenders, to be less than, (i) for the two month period ending on November 30, 2002, $13,200,000, and (ii) for the three month period ending December 31, 2002, $18,100,000.
Cumulative Sales. Sellers warrant to Selfix that in the five (5) years following the Closing, the cumulative sales by the Mericon division of Selfix of products primarily derived from the Exclusive Licensed Products and improvements thereto and all other presently existing Mericon products which are not included in such term shall exceed Five Million Dollars ($5,000,000.00) ("CUMULATIVE SALES"). In the event the Cumulative Sales are less than Five Million Dollars ($5,000,000.00), Sellers shall pay to Selfix twenty percent (20%) of the difference between the Cumulative Sales and Five Million Dollars ($5,000,000.00), plus interest from Closing on such amount at the prime rate from time to time (the "SALES SHORTFALL AMOUNT"). Notwithstanding anything to the contrary contained herein, the Sales Shortfall Amount due and owing Selfix shall not exceed Three Hundred Twelve Thousand Dollars ($312,000.00) plus interest from Closing at the prime rate from time to time. Payment of the Sales Shortfall Amount to Selfix shall be secured by the Exclusive License Products and the Royalty.
Cumulative Sales. As used herein, cumulative Sales are calculated commencing from January 1,2013. EXCLUSIVE FRAGRANCES: Fragrances purchased by Adrenalina will be exclusively sold to Adrenalina or as otherwise directed by Adrenalina. REBATE CALCULATIONS: Rebate values will be calculated in US dollars. For calculation purposes. Sales invoiced in non-US currency will be converted on a monthly basis using the average conversion rate for the applicable month.
a. Nothing herein shall be deemed to obligate Adrenalina to commercialize any Fragrance or purchase any particular volume of Fragrance.
b. To the extent not inconsistent with the terms provided herein, Givaudan's General Conditions of Sale shall apply to each Sale of Fragrance to Adrenalina. Givaudan reserves the right to set-off the value of any rebate or other amounts payable by it hereunder against any outstanding undisputed invoice amounts that are not timely paid by Adrenalina or any member of the Adrenalina Group or their respective third-party manufacturers.
d. The parties agree that the terms of this Agreement shall be maintained in strict confidence and they shall not disclose or make available any information contained herein to any third party.
e. This Agreement represents the entire understanding of the parties and may be modified only by a writing signed by all parties. This Agreement shall be governed by and construed in accordance with New Jersey law, without regard to its conflicts of law principles. If any provision of this Agreement is held by a court of law to be illegal, invalid or unenforceable, (a) that provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and (b) the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.
f. At the end of the Tenn. this Agreement shall automatically renew for subsequent one (1) year periods unless either party notifies the other in wiling 30 days prior to the end of the initial Term or any subsequent renewal of its intention not to renew, Adrenalina — Givaudan 2013 Rebate and Supplier Agreement Confidential Information
g. This Agreement is not assignable. in whole or in part, except upon the express written consent of the other Party hereto. For the avoidance of doubt, the rebate and pricing provisions of this Agreement are not assignable to any third party that acquires from Adrenalina Licensing Rights relating to any Brand.
h. This...
Cumulative Sales. Cumulative Closed Plus Backlog shall not be less than the following as of the following dates: December 31, 2008 32 March 31, 2009 40 June 30, 2009 50 September 30, 2009 64 December 31, 2009 80 March 31, 2010 96”
d. A new Section 8.16, Restrictions on Cash, is hereby added as follows:
Cumulative Sales. For each Settlement Period, the amount of Receivables originated by the Originators and sold to the Seller pursuant to the Sale Agreement.
Cumulative Sales. The Borrowers shall not permit their total shipments of finished goods Inventory to their unaffiliated customers for sales made after April 24 , 2000 calculated on a cumulative basis, to be less than the following amounts for the periods indicated: Week Ending Amount May 12, 2000 $4,000,000 May 19, 2000 $5,700,000 May 26, 2000 $7,000,000 June 2, 2000 $8,900,000 June 9, 2000 $10,500,000 June 16, 2000 $12,700,000 June 23, 2000 $14,300,000 June 30, 2000 $15,900,000
Cumulative Sales. Not permit at the end of any calendar month commencing April 2003 the aggregate consolidated cumulative 2003 year-to-date sales of the Parent and its Subsidiaries, based on the cash flow projections of the Credit Parties delivered to the Lenders pursuant to Section 10.1(J), to be less than 70% of the cumulative 2003 year-to-date amount shown for such month on the relevant cash flow projections provided to the Lenders pursuant to Section 10.1(J).
Cumulative Sales. As used herein, cumulative Sales are calculated commencing from January 1,2013. EXCLUSIVE
