Minimum Annual Purchases. 5.1 If EVOLUS fails to achieve (i) the Minimum Annual Purchases, as specified in Annex B for the US Territory, DAEWOONG may, upon thirty (30) days’ prior written notice to EVOLUS, elect to convert the exclusive license to EVOLUS to a non-exclusive one in the US Territory and, at its sole discretion, grant licenses to other Persons in the US Territory to market Product, and (ii) the Minimum Annual Purchases as specified in Annex B for the Non-US Territory, DAEWOONG may, upon thirty (30) days’ prior written notice to EVOLUS, elect to convert the exclusive license to EVOLUS to a non-exclusive one in the Non-US Territory and, at its sole discretion, grant licenses to other Persons in the Non-US Territory to market Product.
5.2 Following the fifth anniversary of the Commercial Launch, the Minimum Annual Purchase requirement for calendar years following the fifth anniversary of the Commercial Launch shall be mutually agreed to by the Parties. In the event the Parties are not able to reach agreement on such Minimum Annual Purchase, DAEWOONG may set the Minimum Annual Purchase requirement for each subsequent year at an amount that is no more than [***] percent ([***]%)] greater than the Minimum Annual Purchase requirement for the immediately preceding year.
5.3 A minimum order per Purchase Order shall be as [***] vials per each dosage of Product.
Minimum Annual Purchases. (a) Minimum Purchases Necessary to Maintain Exclusive License. The parties agree that SICPA shall purchase from Flex minimum amounts of OVP set forth below for the periods indicated: Year Minimum Maximum [CONFIDENTIAL TREATMENT REQUESTED] Section 14 of the 1994 Agreement shall be amended and replaced to read in full as follows:
Minimum Annual Purchases. For each calendar year throughout the Term, Retailer, together with its Affiliates, shall purchase Merchandise in the Product Categories from Supplier equal to at least $125,000,000. INITIALS: (Retailer) (UWG)
Minimum Annual Purchases. The parties agree that the Distributor shall purchase from TF not less than the following:
Minimum Annual Purchases. Longrich associate are also required to complete minimum of 60PV on maintenance or repeated or repurchasing orders annually. This will; Renew your Associate Agreement and maintain your line of sponsorship; Continue your entitlement to participate in Longrich’s Compensation Plan; purchase Longrich products; enjoy Longrich service support programs; participate in company promotions, contests, and recognition; and attend Company events.
Minimum Annual Purchases. During each 365-day period beginning on the date that is 90 days following the date of this Agreement (each, a "Contract Year"), the Company shall be obligated to purchase from the Supplier, Products in amounts at least equal to US $5,000,000 ("Minimum Purchase Obligation") on the terms and conditions set forth in this Section 3. The Minimum Purchase Obligation shall be calculated based on Products actually shipped and Products scheduled for shipment during each Contract Year assuming a 60-day production lead-time. In the event that this Agreement is terminated for any reason before the last day of any Contract Year, the Minimum Purchase Obligation shall be reduced proportionately as of such date.
Minimum Annual Purchases. I/O will agree to sell to Mitcham and Mitcham will agree to purchase from I/O, during the Term of the New Agreement, certain minimum amounts of new and used I/O Products, as follows: May 26, 1998 through May 31, 1999 ("YEAR 1") $30 million June 1, 1999 through May 31, 2000 ("YEAR 2") $25 million June 1, 2000 through May 31, 2001 ("YEAR 3") $25 million June 1, 2001 through May 31, 2002 ("YEAR 4") $25 million June 1, 2002 through May 31, 2003 ("YEAR 5") $25 million The above amounts shall be based on I/O's list prices for its Products, as published on the date of the New Agreement. Any purchases in excess of the annual minimum aggregate may be applied to purchase commitments for the next year. If Mitcham fails to purchase Products in the minimum amount during any fiscal Year as set forth above, I/O shall have the right to terminate the New Agreement.
Minimum Annual Purchases. The term "Minimum Annual Purchases" has the meaning ascribed to it in Section 5.5 of this Agreement.
Minimum Annual Purchases. A. During each calendar year of the term of this Agreement commencing on January 1, 1998, Thuasne shall be required to purchase the following minimum quantities of Grahxx-Xxxld Products (the "Minimum Annual Purchases") as set forth below: MINIMUM ANNUAL PURCHASES CALENDAR YEAR (U.S. DOLLARS) ------------- -------------- January 1, 1998 - December 31, 1998 $ 2,600,000* January 1, 1999 - December 31, 1999 $ 7,000,000 January 1, 2000 - December 31, 2000 $ 8,400,000 January 1, 2001 - December 31, 2001 $10,080,000 January 1, 2002 - December 31, 2002 $12,096,000
i. Notwithstanding the foregoing, if Thuasne's actual purchases (the "Actual Purchases") during any calendar year of the term of this Agreement ending after December 31, 1998 exceed the Minimum Annual Purchases for such year, the Minimum Annual Purchases for the immediately succeeding calendar year (an "Initial Adjusted Year") shall be adjusted to equal the product of (a) one hundred twenty (120) percent and (b) the Actual Purchases during such preceding calendar year, and the Minimum Annual Purchases for each succeeding calendar year following an Initial Adjusted Year shall be adjusted to equal the greater of (i) one hundred twenty (120) percent of the Minimum Annual Purchases (as adjusted as provided herein for an Initial Adjusted Year) for the most recently ended calendar year or (ii) one hundred twenty (120%) percent of the Actual Purchases for the most recently ended calendar year. For example, if in the calendar year ending December 31, 1999, the Actual Purchases are eight million dollars ($8,000,000) (in excess of the Minimum Annual Purchases for the calendar year ending December 31, 1999), then the Minimum Annual Purchases for the calendar years ending December 31, 2000, 2001, and 2002 would be $9,600,000 (1.20 x $8,000,000), $11,520,000 (1.20 x $9,600,000), and $13,824,000 (1.20 x $11,520,000), respectively.
ii. In the event Thuasne purchases less than ninety (90) percent of the Minimum Annual Purchases, as modified as provided herein, in any calendar year during the term of this Agreement, Grahxx-Xxxld may, at its sole and exclusive option, -------- * The Minimum Annual Purchases for the calendar year ending December 31, 1998 shall include the Grahxx-Xxxld accounts set forth on Annex I attached hereto, which shall be transferred to Thuasne as of the date hereof, subject to the terms and conditions of this Agreement.
(a) modify Thuasne's appointment to a non-exclusive arrangement or (b) terminat...
Minimum Annual Purchases. INITIALS [ILLEGIBLE] PURADYN INITIALS [ILLEGIBLE] MASTER DISTRIBUTOR 2 of 18 0000 Xxxx Xxxxx Xxxx, Xxxxxxx Xxxxx, XX 00000 (TF) 1 866 PURADYN (787 2396) * (T) 561 547 9499 * (F) 000 000 0000 xxx.xxxxxxx.xxx The parties agree that the Master Distributor shall purchase from the Manufacturer not less than US $600,000 through December 2008 from date of this contract and to be allocated approximately US$200,000 per quarter, beginning March 1, 2008. (As an example, if Master Distributor were to purchase US$ 250,000 in 2nd Quarter and US$ 250,000 during the 3rd Quarter, 4th Quarter purchases would have to be only US$ 100,000 to comply with Agreement.) (Reference Exhibit 1 for quarterly purchase requirements.)
A. Master Distributor agrees to sell US $600,000 of Product during the first 9 months beginning March 1, 2008.
B. After the first 9 months, Master Distributor agrees to a minimum fifteen percent (15%) increase over the previous 12 months annual rata (of $800,000). This fifteen percent (15%) increase will apply to each successive 12 month calendar period: 2nd year $ 920,000 U.S. Dollars 3rd year $1,058,000 U.S. Dollars
