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:
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.
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 by the 25th day of each month.
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. Notwithstanding any other provisions of the Agreement, Sulzer and its sub-distributors [see comment under 6.2.4] shall sell, at a minimum, the following number of CMI Products (the “Minimum Requirements”) during the time periods specified. For purposes of determining whether Sulzer has satisfied the Minimum Requirements, sales made by Sulzer to sub-distributors or other resellers shall not be included. Further, all sales included in the Minimum Requirements must be final sales, net of returns and allowances.
Minimum Sales Requirements. Beginning on the first anniversary of the later of (i) Commercial Launch by IPR, an IPR Affiliate or sublicensee of the Product in the United States or (ii) Commercial Launch by IPR, an IPR Affiliate or sublicensee of the Product in a Major Country other than the United States, IPR will meet an annual minimum sales obligation of [...***...] of the projected sales for the Product set forth in Exhibit C hereto. Exhibit C may be amended only as provided in Section 11.3 below and, in any case, is not subject to amendment by virtue of the forecasting and ordering procedures set out in the Supply Agreement. If IPR fails to obtain marketing or price approval for the Product in one or more Major Countries or fails to launch the Product in any Major Country in accordance with Section 5.1 above, the parties will meet to agree to a fair and reasonable adjustment to the projected sales for the Product set forth on Exhibit C in order to adjust for such non-approval.
Minimum Sales Requirements. Starting in the Calendar year of the [REDACTED: Term] anniversary date of the First Commercial Sale, the Parties shall meet within [REDACTED: Term] prior to the end of such Calendar Year to discuss in good faith the quantities of vials to be sold by SA for the next Calendar Year in certain Countries of the Territory (the “Sales Forecast”). SA shall sell a number of vials in each such Country corresponding to [REDACTED: Percentage] of the Sales Forecast (the “Minimum Sales Requirements”). In negotiating the Minimum Sales Requirements, the Parties shall take into consideration, among other things, sales history, competition, generics, and reimbursement conditions in each designated Countries. The Minimum Sales Requirements agreed upon will be set forth in Schedule 7.11, as the same will be amended from time to time to take into account the Minimum Sales Requirements for each Calendar Year. If, at the end of a Calendar Year, SA did not meet the Minimum Sales Requirements, the Parties shall aggregate the quantity of vials sold at the end of such Calendar Year to the quantity of vials sold at the end of the following Calendar Year and if such aggregated quantity is inferior to [REDACTED: Percentage] of the Sales Forecasts for [REDACTED: Term] consecutive Calendar Years, then Thera shall have the right to terminate this Agreement in accordance with Article 15.4.
Minimum Sales Requirements. Tristar shall not have any minimum sales requirement under this Agreement. However, extensions of the Term of this Agreement are subject to Tristar’s meeting certain minimum quarterly royalty payments, as described in Seciton 8 hereof.
