Minimum Purchase Amount a. In consideration of the Consultant’s contributions to the development of the Products and such Consultant’s assignment of any right, title and interest in and to any Inventions related to the provision of the Services as set forth in Section 6 of the Agreement, the Company agrees to purchase not fewer than $1,000,000 worth of Products if the Products contain Consultant’s Technology (the “Minimum Purchase Amount”) or $500,000 worth of Products if Products do not contain Consultant’s Technology (the “Minimum Purchase Amount”) of Products from Consultant before it purchases any such Products from a manufacturer other than Consultant.
b. If the Company has purchased fewer than half of the Minimum Purchase Amount of Products from Consultant and desires to use a manufacturer other than Consultant for the manufacture of Products, the Company shall pay to Consultant a fee (“Alternate Manufacturer Fee”) of one tenth of the Minimum Purchase Amount, whereupon the license granted by Consultant to the Company in Section 6.3 shall continue and be extended to include the manufacture of the Products by the Company or its contractors and shall survive any termination of this Agreement.
Minimum Purchase Amount. On the Purchase Date, the aggregate Purchase Price of the Purchased Assets transferred by the Seller to the Buyer in a Transaction shall not be less than the Minimum Purchase Amount.
Minimum Purchase Amount. Commencing on the Start Date on which the Term of this Agreement begins and from time to time during the Term of this Agreement, Xxxxxx agrees to sell and deliver and EPSC agrees that it or its Buyer Entities will purchase and receive a total amount of Goods and Services equal to the Minimum Purchase Amount of $18,000,000 ("MPA"). In order to expand the relationship between Xxxxxx and EPSC and EPSC's Buyer Entities, at least $6,000,000 of the MPA will be Incremental Business; provided, however, the maximum dollar value of valves that are Incremental Business that can be credited against the MPA is $3,000,000. Any Incremental Business purchased by EPSC and/or its Buyer Entities in excess of $6,000,000, but not to exceed an additional $6,000,000 shall be Additional Incremental Business. Such Additional Incremental Business will not be credited against EPSC's MPA requirements. Incremental Business and Additional Incremental Business shall be priced as described in Section 8 above.
Minimum Purchase Amount. During the term of this Agreement, the purchase amount of Product P of the Distributor from ARMSTRONG shall be no less than one (1) batch (approximately [***] units) per Contract Year (“Minimum Purchase Amount”). In case the aggregate amount of actual purchase by the Distributor of Product P from ARMSTRONG in a Contract Year falls below the Minimum Purchase Amount, the Distributor shall be deemed to have materially breached this Agreement and ARMSTRONG is entitled to terminate this Agreement in accordance with Section 11.2. 最低购买量。在本协议有效期内,经销商从ARMSTRONG购买产品P的每一合同年购买量应不少于一(1)个生产批次(大约[***]支)(以下简称“最低购买量”)。如果经销商从ARMSTRONG购买产品P的某一合同年购买总量低于最低购买量,经销商应被视为实质违反本协议,ARMSTRONG有权根据第11.2条终止本协议。 6Supply and Delivery
Minimum Purchase Amount. Regardless of the Exclusivity Period as defined below, OEM agrees to purchase and Manufacturer agrees to sell and, subject to Section 8.2 above, deliver the Products to OEM pursuant to the Minimum Purchase Amount as set forth in Exhibit C.
Minimum Purchase Amount. Subject to the Company's right set forth in Section 6.4. hereof, Distributor shall purchase Products from Company to meet annual minimum purchase amount requirements (the “Minimum Purchase Amount”) in U.S. dollars (or the applicable currency denoted in Section 7.1.1), for sale in the Territory, as listed in Exhibit H regarding each of the Products line.
10.1.1. The Minimum Purchase Amount as specified in Exhibit H may be modified annually solely by the Company in its sole discretion, provided that any increase or decrease is within a range of ten percent (10%) of the Minimum Purchase Amount defined in Exhibit H (the "Modification Range"). The Parties may also amend the Modification Range at any time through the execution of an addendum hereto. Notwithstanding the foregoing, after each three (3) year- period counted as of the execution date hereof, the Modification Range shall be amended through negotiation between the Parties and, in no event, shall any Modification Range be increased in an amount less than five per cent (5%) of the previous applicable Modification Range.
10.1.2. In the event Distributor fails to meet the Minimum Purchase Amount at any time, the Company may, in addition to any other rights or remedies it may have, in its sole option and absolute discretion:
(i) Terminate this Agreement for a material breach upon thirty (30) days’ written notice, as set forth in Section 12.3.2(c) hereof; or
(ii) Exclude from this Agreement one or more of the Products upon ninety (90) days’ written notice; or
(iii) Reduce or otherwise modify the Territory as may be established by the Company upon ninety (90) days’ prior written notice.
Minimum Purchase Amount. The Company shall sell and issue a minimum of at least $15,000,000 aggregate purchase price of Common Stock to the Purchasers collectively at the Closing, of which at least 15% of the aggregate number of shares of Common Stock so sold and issued at the Closing must be purchased by Biovail.
Minimum Purchase Amount. Kenwood agrees to manufacture and deliver and InterDigital agrees to purchase Fifty Thousand (50,000) units of the Product prior to December 29, 1997, subject to the parties' termination rights as set forth in Section 9.
Minimum Purchase Amount. Starting January, 1, [***], Customer is expected to purchase not less than [***] pizzas from Manufacturer each calendar year (the “Minimum Purchase Amount”). If Customer purchases less than the Minimum Purchase Amount in any calendar year, then Customer will pay Manufacturer a surcharge of $[***] for each pizzas that were manufactured during the calendar year (i.e., the surcharge will be an amount equal to $[***] multiplied by the number of pizzas manufactured by Manufacturer during that calendar year). Any surcharge will be paid by Customer within [***] days after the end of each year. Annual Volume Rebate. Starting calendar year [***] and for the remaining term of this Agreement, Manufacturer will rebate to Customer $[***] per sale unit purchased over [***] and an additional $[***] (for a total of $[***]) per sale unit purchased over [***] in a calendar year through a payment to be made within [***] days after the end of each year Raw Materials and Packaging.
Minimum Purchase Amount. No sale of the Securities to any one Subsequent Purchaser will be for less than an original principal amount of $100,000. If the Subsequent Purchaser is a non-bank fiduciary acting on behalf of others, each person for whom it is acting must purchase at least an original principal amount of $100,000.