Minimum Sales Requirements Sample Clauses
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 by the 25th day of each month.
Minimum Sales Requirements. Tristar shall not have any minimum purchace/sales requirement under this Agreement. However, Tristar's rights of exclusivity and right to use the Existing Infomercial or any newly created Infomercial/Commercial whether created by Tristar or National Boston within the Territory, are subject to Tristar's maintaining certain minimum order quantities, as described in Section 8 hereof.
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. Distributor agrees to use its best efforts to effect sales of the Software to a minimum of twelve (12) purchasers prior to the expiration of the twelve-month period ending June 1, 2001. Any failure of the Distributor to effect sales to such number of purchasers shall not affect any of the Distributor's rights hereunder except that the Distributor shall be required to compensate the Software Owner for unearned royalties at the rate of $3,750 per unrealized sale up to the maximum of twelve (12) or $45,000 and the Distributor shall be required to pay a penalty of one hundred thousand (100,000) common shares in the event that the objective of a minimum of twelve (12) new purchasers is not met.
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. In order to maintain the exclusive marketing and sales rights provided by this Agreement for the [ * ] , CTC must sell and/or lease a minimum of [ * ] to customers in the Industrial Market during the [ * ] period ending on [ * ] . Thereafter, CTC must sell and/or lease a minimum of [ * ] to customers in [ * ] during each previous [ * ] period measured by the last day of a particular calendar month commencing [ * ] . If at the end of any calendar month thereafter, CTC has not sold and/or leased * OSA-IIs during the previous [* ] months, its right to market and sale OSA-IIs to the [ * ] shall become non-exclusive.
Minimum Sales Requirements. In consideration of the assignment of exclusive sales and marketing rights, CYNET's performance in the sales of the product must meet certain minimum requirements as follows: - First Quarter 2000 - 3,000 units - Second Quarter 2000 - 5,000 units - Third Quarter 2000 - 7,800 units - Fourth Quarter 2000 - 7,900 units CYNET's performance requirements shall be reduced on a pro rata basis in the event the Teliran Group fails to deliver to Holdings and/or CYNET the number of units shown above for the respective quarters. CYNET may otherwise satisfy its sales requirements by purchasing for its inventory the minimum number of units required by this paragraph.