Minimum Sales Requirements. The minimum sales requirements for ev3 on an aggregate basis for the entire Territory, on a three-year rolling basis (“Minimum Sales”) are set out on Exhibit C.
Minimum Sales Requirements. ADVC must:
6.3.1. commercially distribute the Product in the Territory; and
6.3.2. meet or exceed the Minimum Guarantee Amount in respect of each Calendar Quarter during the Term.
Minimum Sales Requirements. Bioventus will be subject to annual aggregate minimum sales requirements applicable to the Licensed Product that has a unique CMS J-code as set forth below (“Minimum Sales Requirement”). For clarity, the Minimum Sales Requirements will not apply if the Licensed Product does not receive a unique CMS J-code, and no Minimum Sales Requirement will apply for any period prior to the J-Code Date. Bioventus’ obligation to meet the Minimum Sales Requirements shall be conditioned on Q-Med’s satisfaction of its obligations under the New US Supply Agreement. Any quantity deficiency in Q-Med’s timely fulfillment of firm orders under the New US Supply Agreement shall be credited towards the aggregate minimum sales amounts below. Year Aggregate Minimum Units Year 1 [***] units Year 2 [***] units Year 3 [***] units Year 4 [***] units Year 5 [***] units Years 6 and thereafter: Such Minimum Sales Requirement as the Parties may mutually agree; provided that if the Parties are unable to agree, the Minimum Sales Requirement shall be the greater of (i) [***] units and (ii) the number of units constituting the Minimum Sales Requirement for the prior year; provided further, however, that in no event shall the Minimum Sales Requirement exceed [***] percent ([***]%) of the total number of single injection HA treatments in the Territory for the prior year.
Minimum Sales Requirements. The Distributor shall attain the Quotas set forth in Exhibit B. In each specified time period, the Distributor shall order from the Supplier and shall pay the Supplier for an amount of the Products equal to or in excess of the Quotas set forth in Exhibit B.
Minimum Sales Requirements. During the term of this Agreement, Distributor shall make every good faith effort to promote and effectuate the sales of the Products in the Territory to the greatest extent possible. There shall be a minimum sales requirement in each year of the term for sales by Distributor of Products as follows: YEAR GROSS DISTRIBUTOR SALES 1/1/97 - 12/31/97 $3,000,000 Canadian 1/1/98 - 12/31/98 $5,000,000 Canadian In the event that Distributor fulfills the minimum sales requirement as set forth herein, except as otherwise provided herein, this Agreement shall be automatically renewed for a three (3) year term ("First Renewal Term") with a minimum sales requirement for each year of the First Renewal Term as follows:
(a) for the first year of the First Renewal Term - 7% of the Company's Gross US sales, to be exchanged as set forth herein, for the immediately preceding calendar year; (b) for the second year of the First Renewal Term - 8% of the Company's Gross US sales, to be exchanged as set forth herein, for the immediately preceding calendar year; and, (c) for the third year of the First Renewal Term - 8% of the Company's Gross US sales, to be exchanged as set forth herein, for the immediately preceding calendar year. Thereafter, in the event that Distributor fulfills the minimum sales requirement for the First Renewal Term as set forth herein, except as otherwise provided herein, this Agreement shall be automatically renewed for successive three (3) year terms so long as, during each year of the renewal term(s), Distributor sells quantities equal to or in excess of 8% of the Company's Gross US sales for the calendar year immediately preceding the year in question to be exchanged as set forth herein. In calculating "the Company's Gross US Sales", the Company shall exclude from any such calculation 1.) US sales of products sold in the US which products or product categories have not been offered to Distributor for sale in the Territory and 2.) Products or Product categories which Distributor is prevented from selling in Canada, due to regulatory restrictions. The Company shall provide to the Distributor the amount of the Company's Gross US Sales in respect of any given calendar year within ninety (90) days following such year together with the details as to how same has been computed. The Distributor shall provide to the Company the amount of the Distributor's Gross Distributor Sales in respect of any given calendar year within ninety (90) days following such year toge...
Minimum Sales Requirements. Representative shall meet the Annual Minimums set forth in Exhibit A. If Representative fails to meet such Annual Minimums, ATS may, at its option and effective upon written notice to Representative, (a) terminate this Agreement pursuant to Section 7.2(c), or (b) convert Representative's rights hereunder to non-exclusive.
Minimum Sales Requirements. (a) Distributor shall purchase (place a purchase order and make the payment required by Section 4.1) the minimum value of Products set forth below (the "Sales Requirements"). In the event Distributor fails to meet the Sales Requirements (each such failure, a "Triggering Event"), Supplier shall have the option to give Distributor notice ("Forfeiture Notice"), within thirty (30) days of the Triggering Event, of Distributor's forfeiture of its right to exclusively sell the Products in the Territory. After Supplier gives Distributor a Forfeiture Notice, Supplier may appoint one or more other distributors for the Products in the Territory.
(b) The Sales Requirement is the purchase of one container load of Products constituting a minimum purchase order of at least US$100,000 per month commencing December, 1998 and ending November, 1999.
(c) Supplier shall not be liable for any delay in the manufacture or delivery of the Products pursuant to the terms and provisions of this Agreement, or for any damages suffered by Distributor by reason of such delay, when such delay is, directly or indirectly, caused by, or in any manner arises from, earthquakes, fires, floods, accidents, riots, acts of God, war, governmental interference or restrictions, mechanical breakdowns, strikes, labor difficulties, or any other cause beyond the reasonable control of Supplier, whether similar or dissimilar to the foregoing.
Minimum Sales Requirements. The Review Committee will establish minimum sales requirements for ev3 on an aggregate basis for the entire Direct Territory and Distributor Territory, on a two-year rolling basis (“Minimum Sales”). The Minimum Sales will be 70% of the agreed upon sales forecast approved by the Review Committee for the applicable calendar year.
Minimum Sales Requirements. The Review Committee will establish minimum sales requirements for Vertomed on an aggregate basis for the entire Direct Territory and Distributor Territory, on a two-year rolling basis ("Minimum Sales"). The Minimum Sales for the initial period ending December 31, 2002, will be 70% of the agreed upon sales forecast approved by the Review Committee. Thereafter it will be 70% of the agreed upon sales forecast approved by the Review Committee for the applicable calendar year.
Minimum Sales Requirements. 7.1. The Distributor shall endeavor to maximize sales of Products. Recognizing that it will take time to build demand in the market and form effective sales channels, the Principal shall not impose any specific performance benchmarks for the Distributor during the Term of this Distribution and Marketing Agreement.
7.2. Revocation of any third parties’ sales contracts will not affect the Distributor’s Market Rights, provided the Distributor has not breached the terms of this Distribution and Marketing Agreement.
7.3. If the contract rights of any third party are to be revoked because of a failure to meet minimum sales requirements, written notice shall be given by the Distributor to the Principal fifteen (15) days in advance.
