Minimum Purchase Levels. (a) During each calendar year following the Effective Date (each a “Minimum Period”), for a period terminating on December 31, 2015 (the “Minimums Term”), Xxxxxx shall be obligated to purchase minimum volumes (the “Minimum Purchase Levels”) of the Product as follows: [*****] Confidential portions of this document have been redacted and filed separately with the Securities and Exchange Commission. Minimum Period (Calendar Year) Minimum Purchase Levels (50 mL vials)
(b) After the Minimums Term, and during the remaining Term of this Agreement, Xxxxxx shall not be obligated to meet any minimum purchase levels for the Product.
Minimum Purchase Levels. (a) Commencing on the second calendar year following the calendar year in which Chiesi received the Reimbursement Approval in at least [*****] Major Countries (each a “Minimum Period”) and without derogating from Section 4.2(e) above, Chiesi shall be obligated to achieve a minimum annual purchase level of Product (in vials) for the whole Territory (the “Minimum Purchase Levels”) as follows:
(b) At least [*****] prior to the termination of the [*****] Minimum Period, the Parties shall mutually agree whether to increase the Minimum Purchase Levels for the next Minimum Periods. In the event that the Parties agree not to increase the Minimum Purchase Levels or agree to increase the Minimum Purchase Levels only in future Minimum Periods, the Minimum Purchase Levels for each Minimum Period shall equal the Minimum Purchase Level in the previous year. [*****] Confidential portions of this document have been redacted and filed separately with the Securities and Exchange Commission.
Minimum Purchase Levels. (a) During each calendar year following the Effective Date (each a “Minimum Period”), for a period terminating on December 31, 2018 (the “Minimums Term”), Baxalta shall be obligated to purchase minimum volumes (the “Minimum Purchase Levels”) of the Product as follows: [*****] Confidential portions of this document have been redacted and filed separately with the Securities and Exchange Commission. Fourth Amendment to the Exclusive Manufacturing, Supply and Distribution Agreement
3. Section 1.77 of the Agreement is hereby amended to read as follows:
Minimum Purchase Levels. Distributor will satisfy the Minimum Purchase Levels as set forth in the annexed Schedule B.
Minimum Purchase Levels. The Company shall have the following minimum purchase levels:
a) First 12 months of Term (as hereinafter defined): 2,000,000 DM;
b) Second 12 months of Term: 5,000,000 DM; and
c) For any successive 12 month period, the minimum purchase shall increase by thirty percent (30%).
Minimum Purchase Levels. (a) During each calendar year following the Effective Date (each a “Minimum Period”), for a period terminating on December 31, 2016 (the “Minimums Term”), Baxter shall be obligated to purchase minimum volumes (the “Minimum Purchase Levels”) of the Product as follows: Minimum Period (Calendar Year) Minimum Purchase Levels (50 mL vials) [*****] Confidential portions of this document have been redacted and filed separately with the Securities and Exchange Commission.
3. In consideration of [*****] and for the [*****], the Parties agree that the [*****] pursuant to the [*****] is hereby amended to [*****].
4. The term “Production Capacity” in Section 1.77 is hereby amended by extending the period to include 2016, during which, Kamada shall allocate [*****] 50 mL vials of Product per month for delivery to Baxter.
5. All provisions of the Agreement which are not expressly amended by the terms of this Second Amendment shall remain in effect and without change.
Minimum Purchase Levels. (a) During each calendar year following the Effective Date (each a “Minimum Period”), for a period terminating on December 31, 2017 (the “Minimums Term”), Baxter shall be obligated to purchase minimum volumes (the “Minimum Purchase Levels”) of the Product as follows: [*****] Confidential portions of this document have been redacted and filed separately with the Securities and Exchange Commission. Third Amendment to the Exclusive Manufacturing, Supply and Distribution Agreement
3. Section 1.77 of the Agreement is hereby amended to read as follows:
Minimum Purchase Levels. During the Term of this Agreement, Distributor shall use commercially reasonable efforts to meet or exceed the minimum purchase levels ("Minimum Purchase Levels") set forth in Exhibit A. Distributor shall be deemed to have failed to meet or exceed the Minimum Purchase Levels if payments by Distributor to Supplier for invoices on Products within a Product category do not equal or exceed the applicable quarterly Minimum Purchase Levels set forth in Exhibit A. In such event, Supplier may, at its sole discretion, either: (a) convert any exclusive grant of distribution rights pursuant to this Agreement to a non-exclusive grant with respect to the Product(s) in the Product category(ies) for which the Minimum Purchase Levels were not achieved; (b) remove any Product in such Product category(ies) from Exhibit A; (c) reduce or otherwise modify Distributor's Territory; or (d) terminate this Agreement, in each case upon thirty (30) days prior written notice to Distributor.
Minimum Purchase Levels. (i) Distributor shall purchase Products by the Skid (30,000 pieces or as determined by Supplier). No partial or split Skid orders will be accepted unless agreed to in advance by Supplier. Supplier reserves the right to increase the minimum order quantity for any Product. This may affect delivery times accordingly;
(ii) Upon execution of this Agreement, Distributor shall submit and Supplier shall accept an initial Purchase Order for no less than $12,150 worth of Products. Within 3 months, Distributor will deliver the Rolling Forecast to Supplier outlining the remaining volume and CAD commitment for year 1;
(iii) In each calendar quarter during the Term, the Minimum Purchase Level shall be the greater of (I) 75% of the quantities set out in the Rolling Forecast, and (II) 100% of the applicable quantities set out in the table below:
Minimum Purchase Levels
