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Minimum and Maximum Volume Sample Clauses

Minimum and Maximum Volume. Sections 2.2(a) and 2.2(b) are amended and restated to read in their entirety as follows: (a) Subject to the terms and conditions of this Agreement, from time to time during the Term but not more frequently than twice per week upon receipt by the Purchaser of a Funding Request, the Purchaser shall purchase Contracts and Related Rights aggregating at least 10.0% of the Seller’s Consumer Installment Loan Product originations (the “Minimum Volume”), subject to the Seller’s obligations under the Financing Facility Documents, by paying the applicable Purchase Price; provided, however, that such percentage may be increased by the Seller in its sole discretion to up to 15% (the “Maximum Volume”) upon not less than three (3) Business Days’ advance notice to the Purchaser; provided further, that such percentage, if so increased by the Seller, may thereafter also be decreased by the Seller in its sole discretion upon not less than three (3) Business Days’ advance notice to the Purchaser so long as the percentage (as so decreased) is not less than the Minimum Volume; and provided further, that during the Term (i) the Combined Outstanding Receivables Balance relating to the Contracts purchased by the Purchaser from November 1, 2018 to and including November 10, 2019 shall not exceed $[***] at any one time, and (ii) the Combined Outstanding Receivables Balance relating to the Contracts purchased by the Purchaser from November 11, 2019 to and including November 10, 2020 shall not exceed $[***] at any one time. (b) Subject to the terms and conditions of this Agreement and the Seller’s obligations under the Financing Facility Documents, from time to time during the Term, the Seller shall sell to the Purchaser the Minimum Volume of its Consumer Installment Loan Product originations; provided, however, that such percentage may be increased by the Seller in its sole discretion to up to the Maximum Volume upon not less than three (3) Business Days’ advance notice to the Purchaser; provided further, that such percentage, if so increased by the Seller, may thereafter also be decreased by the Seller in its sole discretion upon not less than three (3) Business Days’ advance notice to the Purchaser so long as the percentage (as so decreased) is not less than the Minimum Volume; and provided, further, that during the Term (i) the Combined Outstanding Receivables Balance relating to the Contracts purchased by the Purchaser from November 1, 2018 to and including November 10, 2019 sha...
Minimum and Maximum Volume. 10.3.1 Corautus shall inform BI Austria on the minimum and maximum volume of the amount of DRUG PRODUCT, in conformity with Corautus’ market projections, for which BI Austria is obliged to reserve manufacturing capacity. As of the EFFECTIVE DATE (but subject to Section 10.3.4) the minimum and maximum volume per calendar year are: Minimum volume ** DRUG SUBSTANCE Maximum volume ** DRUG SUBSTANCE 10.3.2 Corautus may from time to time by written notice to BI Austria modify its minimum and maximum volumes, such revised minimums and maximums to take effect on the date specified in such notice, but no sooner than two (2) years from the date of such notice. However, the minimum volume to be purchased shall never be less than such amount of DRUG PRODUCT per applicable calendar year as set forth in Section 10.3.4 which incorporates at least ** of DRUG SUBSTANCE. As soon as the dose of DRUG SUBSTANCE per vial of DRUG PRODUCT is established for commercial supply, the PARTIES agree that the minimum and maximum volumes as set forth in this Section 10.3 shall be restated in vials of DRUG PRODUCT instead of grams of DRUG SUBSTANCE. However, such determination shall, with regard to the quantities of DRUG SUBSTANCE, neither alter Corautus’ purchase obligations under this Section 10.3. nor BI Austria’s obligation to reserve manufacturing capacity pursuant to Section 10.3.1. 10.3.3 The PARTIES agree that the ratio of the minimum volume to the maximum volume shall be **. The maximum volume however, shall not exceed ** DRUG SUBSTANCE unless agreed to by BI Austria in writing. Once sufficient demand for DRUG SUBSTANCE is established in PERIOD THREE and depending on Corautus’ DRUG SUBSTANCE requirements, the PARTIES shall negotiate in good faith the procedure and costs for an upscale of the manufacturing process for DRUG SUBSTANCE and DRUG PRODUCT. 10.3.4 Commencing in the calendar year for which the red zone of the Rolling Forecast Model under Section 10.4 is first effective and binding, Corautus shall be obligated to purchase in any year during the Term of this AGREEMENT at least the then current minimum volume for such year established under this Section 10.3. ** Confidential provision omitted and filed separately with the Securities and Exchange Commission (“SEC”), based upon a request for confidential treatment filed with the SEC.

Related to Minimum and Maximum Volume

  • Term and Maximum Compensation 1.4.1. The term of this CONTRACT is for three (3) years, commencing upon Board of Supervisor approval, with a maximum allowable compensation of one million, five hundred thousand dollars ($1,500,000), with the option to renew for two (2) additional years, with Board approval; except as permitted in Paragraph 1.5 below.

  • MINIMUM ORDER QUANTITY The State makes no commitment to purchase any minimum or maximum quantity, or dollar volume of products from the selected suppliers. Utilization of this agreement will be on an as needed basis by State Agencies and/or Cooperative Participants, Cities, Counties, Schools K-12, Colleges and Universities. The State will award to multiple suppliers; however, the State reserves the right to purchase like and similar products from other suppliers as necessary to meet operational requirements.

  • Minimum Purchase Requirements Distributor shall make the minimum annual purchase of Products established in Exhibit B, unless the Agreement has become coexclusive. In the period within the fixed term and extension, if applicable, of the Agreement under Section 10(a) subsequent to [ * ], the parties shall meet in San Francisco at least [ * ] prior to the beginning of each of respective year to discuss market conditions and appropriate minimum purchases for such year. In the event that the parties fail to agree on an appropriate minimum any year subsequent to [ * ], the minimum annual purchase requirement for such year shall be calculated increasing or decreasing (as the case may be) the minimum purchase requirement for the preceding year in proportion to the increase or decrease in the [ * ] (based on data from mutually acceptable data provider) of the applicable product in the Territory. In the event Supplier is unable to deliver Products ordered by Distributor in an amount consistent with the most recent forecast, then the minimum annual purchase requirement shall be reduced by the quantity of Products that Supplier is unable to deliver when requested. In the event Distributor fails in any year (a “Shortfall Year”) to make the annual minimum purchase of Agreement Products required by Exhibit B, Supplier shall have the right to give Distributor written notice of default, and if such failure to make the minimum purchase is not cured (through the purchase of an amount of Agreement Product equal to the entire shortfall in the Shortfall Year, which amount shall not be counted towards any minimum purchase requirements for the year of purchase) within [ * ] of receipt of the notice, then Supplier shall have the right, in Supplier’s sole discretion and as Supplier’s sole remedy for Distributor’s failure to meet the minimum purchase requirements hereunder, either to convert the appointment of Distributor from exclusive to non-exclusive or to terminate this Agreement. In the event of either conversion to non-exclusive or termination of this Agreement pursuant to this Section 3(e), the Supplier shall pay Distributor a conversion fee equal to [ * ], and Distributor shall transfer all Regulatory Approvals relating to BMS or DES in the Territory to Supplier.

  • Maximum order The Contractor is not obligated to honor— (1) Any order for a single item in excess of N/A per year (2) Any order for a combination of items in excess of N/A per year (3) A series of orders from the same ordering office within 365 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

  • Minimum Hours All employees shall be paid their regular hourly rate for each hour worked except where employed for less than four (4) consecutive hours per day, in which event they shall receive a minimum of four (4) hours pay. An employee who is called for work and upon reporting finds that his or her services are not required shall receive two (2) hours pay.

  • Contract Quantity The Contract Quantity during each Contract Year is the amount set forth in the applicable Contract Year in Section D of the Cover Sheet (“Delivery Term Contract Quantity Schedule”), which amount is inclusive of outages.

  • Minimum Adjustment The adjustments required by the preceding sections of this Article IV shall be made whenever and as often as any specified event requiring an adjustment shall occur, except that no adjustment of the Exercise Price or the number of shares of Common Stock issuable upon exercise of the Warrants that would otherwise be required shall be made unless and until such adjustment either by itself or with other adjustments not previously made increases or decreases by at least 1% the Exercise Price or the number of shares of Common Stock issuable upon exercise of the Warrants immediately prior to the making of such adjustment. Any adjustment representing a change of less than such minimum amount shall be carried forward and made as soon as such adjustment, together with other adjustments required by this Article IV and not previously made, would result in a minimum adjustment. For the purpose of any adjustment, any specified event shall be deemed to have occurred at the close of business on the date of its occurrence. In computing adjustments under this Article IV, fractional interests in Common Stock shall be taken into account to the nearest one-hundredth of a share.

  • Maximum Annual Operating Expense Limit The Maximum Annual Operating Expense Limit with respect to each Fund shall be the amount specified in Schedule A based on a percentage of the average daily net assets of each Fund.

  • Minimum Requirements Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants. Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:

  • Minimum Purchase Broker-Dealer shall not sell fewer than $5,000 in Notes to any purchaser without the prior written consent of Issuer.