Common use of Distribution Agreement Clause in Contracts

Distribution Agreement. The Lender, Nomad and Borrower shall enter into, execute and deliver a distribution agreement within thirty (30) days of the disbursement of the second tranche of the Additional Loan with the following terms and conditions: (a) Lender and/or its affiliates shall grant to Nomad non-exclusive distribution rights for “Flat Tummy Tea” products in the Territory for direct to consumer sales; and (b) Nomad shall buy its “Flat Tummy Tea” products in the Territory for direct to consumer sales under the distribution agreement on an exclusive basis from the Lender and/or its affiliates at cost of goods plus 60% of gross sales. 2.1.5 From and after the date hereof, (i) all references in the First Amendment to “this First Amendment” shall mean the First Amendment as amended by this Amendment, and as may otherwise be amended, restated, supplemented or otherwise modified from time to time, and (ii) all references in the other Loan Documents to the “Loan Agreement” (or words of similar import) shall be deemed to be references to the Loan Agreement as amended by the First Amendment as amended by this Amendment, and as may otherwise be amended, restated, supplemented or otherwise modified from time to time. All references in any of the Loan Documents to the “Loan Documents” shall mean the Loan Documents as amended by this Amendment and as may otherwise be amended restated, supplemented or otherwise modified from time to time.

Distribution Agreement. The Lender, Nomad Xxxxx and Borrower Xxxxxxxx shall enter into, execute and deliver a distribution agreement within thirty (30) days of the disbursement of the second tranche of the Additional Loan with the following terms and conditions: (a) Lender and/or its affiliates shall grant to Nomad non-exclusive distribution rights for “Flat Tummy Tea” products in the Territory for direct to consumer sales; and (b) Nomad shall buy its “Flat Tummy Tea” products in the Territory for direct to consumer sales under the distribution agreement on an exclusive basis from the Lender and/or its affiliates at cost of goods plus 60% of gross sales. 2.1.5 From and after the date hereof, (i) all references in the First Amendment to “this First Amendment” shall mean the First Amendment as amended by this Amendment, and as may otherwise be amended, restated, supplemented or otherwise modified from time to time, and (ii) all references in the other Loan Documents to the “Loan Agreement” (or words of similar import) shall be deemed to be references to the Loan Agreement as amended by the First Amendment as amended by this Amendment, and as may otherwise be amended, restated, supplemented or otherwise modified from time to time. All references in any of the Loan Documents to the “Loan Documents” shall mean the Loan Documents as amended by this Amendment and as may otherwise be amended restated, supplemented or otherwise modified from time to time.