Minimum Purchase Obligations; Inventory Sample Clauses

Minimum Purchase Obligations; Inventory. (a) XXXXXXX shall purchase, no less than the Minimum Number of Units of the Product at the Purchase Price Per Unit during the applicable Time Period (as such terms are defined on Schedule B) (the "MINIMUM PURCHASE OBLIGATIONS"); provided however if DUSA exercises [C.I.] to Brazil during a [C.I.] with respect to Brazil pursuant to Section 8.3(a) and such [C.I.] causes XXXXXXX not to meet its Minimum Purchase Obligations for a Time Period, then (i) the Minimum Purchase Obligations shall be [C.I.] and [C.I.] on which DUSA exercises its right to [C.I.] to Brazil during a [C.I.] with respect to Brazil pursuant to Section 8.3(a), and (ii) [C.I.] on (x) appropriate pro-rata adjustments to the Minimum Purchase Obligations which are to apply to Time Periods during which supply to Brazil has been [C.I.] (including the present Time Period in question), and (y) a plan for the Product in Brazil which may include amendments to this Agreement as necessary and appropriate. Within [C.I.] ([C.I.]) days of the end of each Time Period, the Parties shall review the purchases made by XXXXXXX for the immediately preceding Time Period. If it is determined from the review that XXXXXXX has not met its Minimum Purchase Obligations for such preceding Time Period, XXXXXXX shall immediately [C.I.] DUSA [C.I.] from XXXXXXX for purchases of the number of units meeting the Minimum Purchase Obligations and [C.I.] by DUSA for the number of units of Product purchased during such preceding Time Period [C.I.]. If XXXXXXX fails to meet its Minimum Purchase Requirement for [C.I.] consecutive Time Periods or XXXXXXX [C.I.] with respect to any Time Period, in addition to any other remedies available to DUSA hereunder or under law or in equity, DUSA may, in its sole discretion either: (i) [C.I.] of such Product in such country, provided that DUSA does not waive its right to terminate the Agreement under Section 7.1(a)(ii) even if it [C.I.], or (ii) [C.I.] the Agreement upon giving written notice thereof to XXXXXXX. For purposes of clarity, DUSA retains its [C.I.] Agreement pursuant to Section 7.1(a)(ii) at any time thereafter even if DUSA initially chooses to [C.I.] in the Territory. XXXXXXX shall [C.I.] within [C.I.] ([C.I.]) days of completion of the review in United States dollars via wire transfer, check or other instrument approved by DUSA. Note: Certain portions of this document have been marked "[C.I.]" to indicate that confidential treatment has been requested for this confidential informat...
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Minimum Purchase Obligations; Inventory. (a) D&D shall purchase, [C.I.] the minimum number of units of the Product at the Purchase Price Per Unit [C.I.] (as such terms are defined on Schedule B) (the “Minimum Purchase Obligations”). If D&D fails to meet its Minimum Purchase Obligations for any time periods, [C.I.] hereunder or under law or in equity, DUSA may, [C.I.] (i) [C.I.] of such Product in the Territory, provided that DUSA does not [C.I.] under Section 7.2(a)(ii) even if it [C.I.] or (ii) [C.I.] upon giving written notice thereof to D&D. For purposes of clarity, DUSA [C.I.] pursuant to Section 7.2(a)(ii) [C.I.] after D&D [C.I.] its Minimum Purchase Obligations [C.I.] even if DUSA [C.I.] in the Territory. (b) Inventory. D&D shall, [C.I.] maintain [C.I.] inventory of the Product [C.I.] during the Term of this Agreement as necessary in order to [C.I.] of any customer or potential customer within the Territory.
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Related to Minimum Purchase Obligations; Inventory

  • Minimum Working Capital The Borrower shall maintain at all times Working Capital (which shall mean Current Assets less Current Liabilities) of at least $500,000.

  • Minimum Sales 4.1 The minimum volume of sales of the Products that CSR commits to use its best efforts to achieve in the Territory on an annual basis in the first Agreement Year is 60,000 gallons (avg. 5,000 gallons per month). RCAI will review the annual volumes of sales of the Products prior to the beginning of any successive term during which this Agreement may continue and RCAI may change and adjust such minimums as it, in its sole judgment, sees fit.

  • Minimum Consolidated Net Worth Permit the Consolidated Net Worth of the Company at the end of any fiscal quarter to be less than US$11,250,000,000 (“Minimum Amount”).

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

  • Maximum Consolidated Capital Expenditures Holdings shall not, and shall not permit its Subsidiaries to, make or incur Consolidated Capital Expenditures, in any Fiscal Year, in an aggregate amount for Holdings and its Subsidiaries in excess of $125,000,000; provided, such amount for any Fiscal Year shall be increased by an amount equal to the excess, if any (but in no event more than $62,500,000), of such amount for the immediately preceding Fiscal Year (with the above scheduled amount for any Fiscal Year being used prior to any amount carried over from the preceding Fiscal Year) over the actual amount of Consolidated Capital Expenditures for such previous Fiscal Year; provided, further, so long as no Default shall have occurred and being continuing or would result therefrom, Holdings and its Subsidiaries may also make Consolidated Capital Expenditures in an amount not to exceed the Cumulative Growth Amount immediately prior to the making of such Consolidated Capital Expenditures (but the amount of Consolidated Capital Expenditures made from the Cumulative Growth Amount in any Fiscal Year shall not exceed 50% of the above scheduled amount of Consolidated Capital Expenditures that would have otherwise been permitted to made in such Fiscal Year pursuant to this Section 6.7(c)); and provided, further that for each Permitted Acquisition consummated in any Fiscal Year and, if consummated, the SDI Acquisition in the Fiscal Year ending December 31, 2011, the maximum amounts set forth above for such Fiscal Year and for every Fiscal Year thereafter shall be increased by an amount equal to 110% of the quotient obtained by dividing (A) the amount of Consolidated Capital Expenditures made by the acquired Person or business for the thirty-six month period immediately preceding the consummation of such Permitted Acquisition or SDI Acquisition as determined by the financial statements for such acquired Person or business by (B) three (3).

  • Minimum Liquidity The Borrower shall not permit Liquidity at any time to be less than $50,000,000.

  • Minimum Cash A. Minimum daily balance of cash and Permitted Cash Equivalent Investments of Borrower and its Subsidiaries during the most recently ended fiscal quarter of Borrower: $

  • Minimum Consolidated EBITDA The Borrower will not permit Modified Consolidated EBITDA, for any Test Period ending at the end of any fiscal quarter of the Borrower set forth below, to be less than the amount set forth opposite such fiscal quarter: Fiscal Quarter Amount September 30, 1997 $36,000,000 December 31, 1997 $36,000,000 March 31, 1998 $36,000,000 June 30, 1998 $37,000,000 September 30, 1998 $37,000,000 December 31, 1998 $38,000,000 March 31, 1999 $38,000,000 June 30, 1999 $39,000,000 September 30, 1999 $40,000,000 December 31, 1999 $41,000,000 March 31, 2000 $41,000,000 June 30, 2000 $42,000,000 September 30, 2000 $43,000,000 December 31, 2000 $44,000,000 March 31, 2001 $44,000,000 June 30, 2001 $45,000,000 September 30, 2001 $46,000,000 December 31, 2001 $47,000,000 March 31, 2002 $47,000,000

  • Minimum Claims 10.2.1 The Seller shall not be liable under this Agreement for breach of any Seller’s Warranty in respect of any individual claim (or a series of claims arising from similar or identical facts or circumstances) where the liability agreed or determined (disregarding the provisions of this Clause 10.2) in respect of any such claim or series of claims does not exceed 0.1 per cent of the Headline Amount.

  • Minimum Consolidated Interest Coverage Ratio Permit the Consolidated Interest Coverage Ratio as of the end of any fiscal quarter of the Borrower to be less than 3.25 to 1.00.

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