MINIMUM SALES LEVELS Sample Clauses

MINIMUM SALES LEVELS. If sales for the first or second twelve (12)-month period following Product Release Date are equal to or below the Minimum Sales Level (set forth in the table below) for that period, CMI shall pay to LFP a fee (the "Minimum Fee") calculated as set forth below. The Minimum Fee is calculated based on [confidential treatment requested] which would have been payable to LFP if the Minimum Sales Level for such period had been achieved. The Minimum Fee will be calculated based on the actual [confidential treatment requested] for Products. The Minimum Sales Level will be calculated, and the Minimum Fee paid, for each market segment set forth below, for the significant Market segments that CMI has exclusive rights to, including the United States. The Minimum Fee will be paid within forty-five (45) days of the end of each twelve (12)-month period. Set forth below are the agreed Minimum Sales Level of [confidential treatment requested] for year one (1) and two (2) after the Product Release Date and an example of the Minimum Fee calculations. The Minimum Fee will be adjusted if significant structural, legal, regulatory, time to market acceptance, or other major changes, out of the control of LFP or CMI, occur in the market opportunity for any market segment. Additionally, the Minimum Fee will also be adjusted for major changes that are within the control of LFP, but not within the control of CMI (e.g., the Instruments are back-ordered which prevents meeting sales objectives). Except for [confidential treatment requested] forecast and the minimum [confidential treatment requested] numbers; all other inputs are based on actual experience. Confidential treatment has been requested for certain parts of the table below. Those areas for which confidential treatment has been requested have been removed. 1st Year Instrument Minimum Sales Level Instrument # Cassettes Cassette Total Minimum Forecast Sales Sales Sales Fee US 2nd Year Instrument Minimum Instrument # Cassettes Cassette Total Minimum Forecast Instruments Sales Sales Sales Fee US SCHEDULE G Breath Alcohol Instrument Competitors of CMI Intoximeters, Inc. National Patent Analytical Systems, Inc. Xxxxxx Safety, Inc. Alcohol Countermeasure Systems LifeLoc Technologies SCHEDULE H
Sample 1
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MINIMUM SALES LEVELS. The first bona fide shipment of mens footwear to a customer of Licensee shall occur no later than February 28, 1997. In addition, during each Annual Period, Licensee shall be required to meet the following minimum levels of Net Sales of the mens footwear ("Minimum Sales Level of Mens Footwear"): Minimum Sales Annual Period Level of Mens Footwear First ...... $ 7,000,000* Second...... $13,000,000 Third ...... $20,000,000 Fourth $25,000,000 Fifth ...... $29,000,000 Sixth ...... $32,000,000 Seventh..... $35,000,000 Eighth $38,000,000 *In the event that Licensee commences shipment of Licensed Products prior to October 15, 1996, the Minimum Sales Level for the First Annual Period shall be increased by $583,333.33 for each month or part thereof from the date of first shipment to October 15, 1996. The first bona fide shipment of womens footwear to a customer of Licensee shall occur no later than September 30, 1998. For purposes of the license granted hereunder for womens footwear, the Minimum Sales Level, Net Sales and corresponding payments associated therewith, shall be accumulated for the Second and Third Annual Periods. In addition, during each Annual Period, Licensee shall be required to meet the following minimum levels of Net Sales of womens footwear: Minimum Sales Level Annual Period For Womens Footwear Second and Third $ 54,000,000 Fourth $ 75,000,000 Fifth $ 96,000,000 Sixth $ 120,000,000 Seventh $ 150,000,000 Eighth $ 180,000,000 The Minimum Sales Level for each Annual Period shall be the greater of the amounts set forth above for such Annual Periods and eighty (80%) percent of the actual Net Sales for the immediately preceding Annual Period. In no event may the Minimum Sales Level for any Annual Period be less than Minimum Sales Level for the immediately preceding Annual Period.
Sample 1
MINIMUM SALES LEVELS. During each Annual Period, Licensee shall achieve the Minimum Sales Level for such Annual Period set forth in Exhibit F. The Minimum Sales Level for each Annual Period shall be the greater of the amount set forth in Exhibit F for such Annual Period or * Net Sales for the immediately preceding Annual Period. In no event may the Minimum Sales Level for any Annual Period be less than the Minimum Sales Level for the immediately preceding Annual Period. The Minimum Sales Level for each Annual Period during any Extension Term, if applicable, shall be the greater of * . Prior to the commencement of an Extension Term, if any, the parties shall discuss in good faith adjusting the Minimum Sales Levels set forth herein, in the event that there has been a significant decline in the opportunity to sell the Licensed Products.
Sample 1
MINIMUM SALES LEVELS. CONFIDENTIAL PORTION OF THIS EXHIBIT OMITTED AND FILED SEPARATELY WITH THE SEC PURSUANT TO RULE 24b-2 OF THE 1934 ACT EXHIBIT G GUARANTEED MINIMUM ROYALTY * *CONFIDENTIAL PORTION OF THIS EXHIBIT OMITTED AND FILED SEPARATELY WITH THE SEC PURSUANT TO RULE 24b-2 OF THE 1934 ACT EXHIBIT H COMPETITIVE BRANDS * Any derivatives of the above-listed names are also deemed competitive. *CONFIDENTIAL PORTION OF THIS EXHIBIT OMITTED AND FILED SEPARATELY WITH THE SEC PURSUANT TO RULE 24b-2 OF THE 1934 ACT EXHIBIT I APPROVED CUSTOMERS IN JAPAN * *CONFIDENTIAL PORTION OF THIS EXHIBIT OMITTED AND FILED SEPARATELY WITH THE SEC PURSUANT TO RULE 24b-2 OF THE 1934 ACT EXHIBIT J INITIAL BUSINESS PLAN TXXXX XXXXXXXX Jewelry Business Plan (Projected) * TXXXX XXXXXXXX Jewelry Launch (FY11) * *CONFIDENTIAL PORTION OF THIS EXHIBIT OMITTED AND FILED SEPARATELY WITH THE SEC PURSUANT TO RULE 24b-2 OF THE 1934 ACT
Sample 1
MINIMUM SALES LEVELS. 6.1 Distributor shall not be required to purchase any minimum dollar amount of Products in the first year following the date of this Agreement. Thereafter, this Agreement will terminate if Distributor has not purchased a minimum of $15,000 of Products by the end of each one-year anniversary of this Agreement.
Sample 1
MINIMUM SALES LEVELS. During each Annual Period, Licensee must achieve all of the following Minimum Sales Levels: MINIMUM SALES LEVELS -------------------- ------------------------------------------------------------------ Annual Period Wholesale (Yen) Retail (Yen) Total (Yen) ------------- --------------- ------------ ----------- ------------------------------------------------------------------ * * * 1/1/01 - 12/31/01 ------------------------------------------------------------------ * * * 1/1/02 - 12/31/02 ------------------------------------------------------------------ * * * 1/1/03 - 12/31/03 ------------------------------------------------------------------ 1/1/04 - 12/31/04 * * * ------------------------------------------------------------------ ___________________________ /*/ This information, which has been filed separately with the Securities and Exchange Commission, has been omitted and is the subject of a request made to the Commission for confidential treatment. ------------------------------------------------------------------ * * * 1/1/05 - 12/31/05 ------------------------------------------------------------------ Each Total Minimum Sales Level for each Annual Period must be the greater of (a) the amounts set forth above for such Annual Period, and (b) * percent of the actual Net Sales for the immediately preceding Annual Period. Each Wholesale and Retail Minimum Sales Level for each Annual Period must be the greater of (a) the amounts set forth above for such Annual Period, and (b) * percent of the actual applicable Net Sales for the immediately preceding Annual Period. In no event may the Minimum Sales Level for any Annual Period be less than the Minimum Sales Level for the immediately preceding Annual Period. For example, assuming that Wholesale Net Sales in the first Annual Period are JPY*, Retail Net Sales in the first Annual Period JPY*, and Total Net sales are JPY*, then for the second Annual Period the Minimum Sales Level would be JPY* (JPY* x *% = JPY* which is greater than JPY*), the Wholesale Minimum Sales Level would remain at JPY* (JPY* x *% = JPY* which is less than the stated minimum) and the Retail Minimum Sales Level would be JPY* (JPY* x *% = JPY* which is greater than JPY*). Licensee will not be in default of this Agreement the first * times in any consecutive * Annual Periods that it fails to meet the total Wholesale Minimum Sales Level, provided that Licensee pays the Guaranteed Minimum Royalty for such Annual Period. Similarly, Licensee wi...
Sample 1
MINIMUM SALES LEVELS. During each Annual Period, Licensee must achieve the following Minimum Sales Levels of Licensed Products: *** ***
Sample 1
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MINIMUM SALES LEVELS. During each Annual Period, Licensee must achieve the following Minimum Sales Levels: Annual Period Minimum Sales Level ------------- ------------------- First * Second * Third * Fourth * Fifth * The Minimum Sales Level for each Annual Period must be the greater of (a) the amounts set forth above for such Annual Period, if any, and (b) * of the actual Net Sales for the immediately preceding Annual Period. In no event may the Minimum Sales Level for any Annual Period be less than the Minimum Sales Level for the immediately preceding Annual Period.
Sample 1

Related to MINIMUM SALES LEVELS

  • 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 EBITDA Section 9.23(c) of the Loan Agreement is hereby deleted in its entirety and replaced with the following:

  • Maximum Leverage Permit, as of any fiscal quarter end, the ratio of (a) Adjusted Portfolio Equity as of such fiscal quarter end to (b) Funded Debt as of such fiscal quarter end, to be less than 5.00 to 1.00.

  • Sales Milestones As to each of the sales milestone events set forth below, GSK shall pay EPIZYME the non-refundable, non-creditable sales milestone payments indicated below upon the first achievement by GSK, its Affiliates or Sublicensees of the success milestone events set forth below with respect to each Selected Target, on a Selected Target-by-Selected Target basis. Sales Milestone Event (For Licensed Products directed to a Selected Target) Milestone Payment (in $ [**]) First Calendar Year in which aggregate world-wide Net Sales of Licensed Product(s) directed to such Selected Target are greater than or equal to $[**] [** ] First Calendar Year in which aggregate world-wide Net Sales of Licensed Product(s) directed to such Selected Target are greater than or equal to $[**] [** ] First Calendar Year in which aggregate world-wide Net Sales of Licensed Product(s) directed to such Selected Target are greater than or equal to $[**] [** ] Upon achievement by or on behalf of GSK, its Affiliates or Sublicensees of a sales milestone event set forth in this Section 6.7, GSK shall promptly (but in no event later than the date on which the royalty report for the Calendar Quarter in which such achievement occurs is due pursuant to Section 6.10.1) notify EPIZYME of such achievement, and GSK shall pay EPIZYME the corresponding sales milestone payment within [**] days after receipt of an invoice for the milestone payment from EPIZYME. Such invoice shall be sent to GSK’s Alliance Manager and [**] with a copy to [**] (or such other email address(es) as may be notified to EPIZYME by GSK). For the avoidance of doubt, more than one of the foregoing sales milestone payments may be earned and become payable with respect to Licensed Products directed to any given Selected Target in the same Calendar Year based on aggregate world-wide Net Sales of Licensed Product(s) directed to such Selected Target during such Calendar Year.

  • Adjustment of Minimum Quarterly Distribution and Target Distribution Levels (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution.

  • Minimum Revenue Borrower and its Subsidiaries shall have annual Revenue from sales of the Product (for each respective calendar year, the “Minimum Required Revenue”):

  • Minimum Adjusted EBITDA As of any date of determination from and after April 1, 2008, if Borrowers do not have Net Debt in an amount less than $4,000,000 at all times during the most recently completed fiscal quarter, then Borrowers shall not fail to achieve Adjusted EBITDA, measured on a quarter-end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto (and the failure to do so shall be deemed an Event of Default): Applicable Amount Applicable Period $(1,234,000) For the 3 month period ending March 31, 2008 $(1,246,000) For the 6 month period ending June 30, 2008 $(200,000) For the 9 month period ending September 30, 2008 $(839,000) For the 12 month period ending December 31, 2008 $(750,000) For the 12 month period ending March 31, 2009 17 Applicable Amount Applicable Period $(500,000) For the 12 month period ending June 30, 2009 $(150,000) For the 12 month period ending September 30, 2009 $150,000 For the 12 month period ending December 31, 2009 $350,000 For the 12 month period ending March 31, 2010 $550,000 For the 12 month period ending June 30, 2010 $750,000 For the 12 month period ending September 30, 2010 $950,000 For the 12 month period ending December 31, 2010 and for each 12 month period ending as of the last day of each fiscal quarter thereafter

  • Minimum Annual Royalties Company shall pay to JHU minimum annual royalties as set forth in Exhibit A. These minimum annual royalties shall be due, without invoice from JHU, within thirty (30) days of each anniversary of the EFFECTIVE DATE beginning with the first anniversary. Running royalties and sublicense consideration accrued under Paragraphs 3.3 and 3.4, respectively, and paid to JHU during the one year period preceding an anniversary of the EFFECTIVE DATE shall be credited against the minimum annual royalties due on that anniversary date.

  • Minimum Annual Royalty During the TERM of this SUB-LICENSE, ADAPTIMMUNE shall pay to LTC a non-refundable minimum annual royalty (“MINIMUM ANNUAL ROYALTY”) of: (a) *** dollars ($***) for each full or partial calendar year during which there is no APPROVAL OBTAINED for any LICENSED T CELL PRODUCT, and (b) for the first full calendar year following the date that there is APPROVAL OBTAINED and thereafter, a non-refundable MINIMUM ANNUAL ROYALTY that is equal to fifty percent (50%) of ADAPTIMMUNE’s earned running royalties for the sale by ADAPTIMMUNE and its AFFILIATES of such LICENSED T CELL PRODUCTS in the previous calendar year. The MINIMUM ANNUAL ROYALTY will be fully-creditable against running royalties due and payable by ADAPTIMMUNE and its AFFILIATES on account of running royalties under Section 4.3 for the applicable calendar year for which such MINIMUM ANNUAL ROYALTY relates, but shall not be creditable against any MILESTONE PAYMENTS (defined at Section 4.4) made at any time. Any difference between the MINIMUM ANNUAL ROYALTY due for a particular calendar year, and the running royalties due and payable for such calendar year, will be paid along with the royalty payment and royalty report due for the fourth (4th) quarter of each calendar year (e.g. within forty-five (45) days of each December 31) in accordance with Section 4.6. For clarification purposes, MINIMUM ANNUAL ROYALTIES are not refundable in whole or in part.

  • CONTRACT YEAR The first Contract Year is the period of time ending on the first contract anniversary. Subsequent Contract Years are the annual periods between contract anniversaries.

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