Most Favored Purchaser Sample Clauses

Most Favored Purchaser. If Seller at any time during the term of this Agreement shall offer Styrene for sale to any third party for use in Asia or India (other than an entity in which an Affiliate of Seller owns an equity (or similar) interest of 40% or more), in monthly quantities equal to or smaller than those established in this Agreement, on substantively equivalent or better terms and conditions for the third party (including in relation to contract duration any contractual duration longer than three (between JCP and Dow Europe) Effective Date: June 30, 2004 years), and on a structured pricing basis substantively equivalent to that which is established in this Agreement, which results in a net price lower than that which is in effect under this Agreement, then Seller shall, to the extent permitted by applicable law, offer Buyer the same lower price for the Styrene purchased hereunder, but only after the two initial years of the contract with the third party have elapsed and thereafter only for the period of time in which such third party’s lower price is in effect.
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Most Favored Purchaser. If subsequent to the date that bids had to be submitted for this particular instructional materials adoption, which is set forth on page one of this contract, the wholesale price of any instructional materials included in this Contract is reduced, or, if more favorable terms of sale are offered to another purchaser anywhere in the United States the vendor agrees to apply the same terms to this State. The vendor must immediately notify the Superintendent of Education of South Carolina in writing if the vendor sells or offers any special or other edition of instructional materials named in this Contract at a lower wholesale price than that offered in this State. The Board may require the vendor to issue a similar edition for South Carolina, adapted for use in this State. The South Carolina edition must be sold at the lowest wholesale price at which any similar special edition is sold anywhere in the United States. In investigating the special edition, the contents of the instructional material must be considered and not merely the title. At the end of each calendar year when requested in writing by the State Department of Education, publishers shall submit a certified list of all contracts made with other entities during the calendar year just closed, on all instructional materials for which the publisher has a contract in South Carolina. That list must include the contract price for those materials.
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Most Favored Purchaser. If prior to shipment there is any reduction in Vendor’s regular selling price for Merchandise ordered pursuant to a Purchase Order hereunder, the price specified in the Purchase Order will be reduced to the Vendor’s regular selling price prevailing at the time of shipment of the Merchandise.
Sample 1
Most Favored Purchaser. So long as DPI is the largest aggregate volume purchaser of Products, if Schott offers a better price or pricing formula to another purchaser of similar or lower aggregate volume purchases of Blanks having the same Specifications or similar Specifications as those Products offered by Schott to DPI hereunder (as long as the difference in Specifications among such Blanks does not lead to a materially different margin between Xxxxxx'x manufacturing costs and its offering prices, as determined in accordance with U.S. Generally Accepted Accounting Principles), then Schott agrees to offer the price or pricing formula offered such other purchaser to DPI. With respect to individual Blanks of which DPI is not the largest aggregate volume purchaser, DPI will be offered the lowest price offered any third party for such Blanks so long as Schott has had an opportunity to combine production runs for Products ordered by DPI with such third party orders. If DPI reasonably and in good faith believes that it is not receiving such "Most Favored Purchaser" pricing in accordance with this Section 4.6, DPI shall have the right to verify Xxxxxx'x compliance with the provisions of this Section through an Agreed Procedures Report conducted by PriceWaterhouseCoopers. Such Agreed Procedures Report will be conducted at DPI's sole cost and expense and each of DPI and Xxxxxx will provide all data at its disposal necessary to prepare such report; provided, however, that is such Agreed Procedures Report shows that Xxxxxx is not in material compliance with the provisions of this Section 4.6, the cost of such Agreed Procedures Report shall be borne by Xxxxxx. Additionally, if such Agreed Procedures Report demonstrates that Xxxxxx was not in material compliance with the provisions of this Section 4.6, the resultant decrease of the per unit price of each Product to match the price or pricing formula offered by Xxxxxx to such third party purchaser shall be retroactive to the date Xxxxxx offered such better price or pricing formula to such purchaser. Xxxxxx shall not be required to disclose to DPI (but shall disclose to PriceWaterhouseCoopers) any such price or pricing formula for any Blanks the Specifications of which Xxxxxx is not authorized to disclose.
Sample 1
Most Favored Purchaser. For purposes of this section, "Comparable Customer" is defined as a customer that: (i) has signed an OEM Agreement with Sonic with terms and conditions substantially the same as this agreement; (ii) has purchased less product in the most recently completed one (I ) year period under its OEM agreement than the Order Forecast for the comparable period, and (iii) is obligated to total minimum purchase commitments no less than seventy five percent (75%) of said Order Forecast. Sonic will evaluate each of its OEM customers on each anniversary date of the applicable OEM agreement to determine if any OEM qualifies as a Comparable Customer. This evaluation will be performed by comparing the most recent year of activity under the agreement (the "Evaluation Period") to the comparable year of the 3Com OEM Agreement (i.e. year 1 compared to year 1, year 2 compared to year 2, etc.). If Sonic has sold products listed in Exhibit A(1) to a Comparable Customer at prices more favorable than those listed in Exhibit A(1), then the prices in Exhibit A(l) will be adjusted to these more favorable prices for all purchase orders issued by 3Com subsequent to the Evaluation Period. If in a subsequent Evaluation Period it is determined that no OEM qualifies as a Comparable Customer, then the original pricing in Exhibit A(1) will be reinstated.
Sample 1
Most Favored Purchaser. As between Product Delivery Requests and Purchase Orders placed by Purchaser and those placed by Supplier's other customers, Purchaser's Product Delivery Requests and Purchase Orders shall take priority over those of Supplier's other customers, to the extent such priority is necessary in order for Supplier to accept and meet the terms set forth in such documents including, without limitation, each delivery schedule.
Sample 1
Most Favored Purchaser. If Manufacturer offers a better price or pricing formula to other similar purchasers for similar volumes of the Products, then Manufacturer agrees to offer such price or pricing formula to Customer retroactively as of the date first offered to the third party. Manufacturer agrees to fulfill its obligations in this section in good faith and further agrees that it will not create any purchasing programs, pricing formulas or other conditions that serve to deny Customer the benefits of its most favored purchaser status.
Sample 1
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Most Favored Purchaser. During the term of this Agreement and any subsequent extensions, the rates for Services provided under this Agreement must be no greater than the rates for substantially similar services made available to any third party by Access One, whether under tariff, pursuant to a contract or otherwise. If the rates under this Agreement are at any time greater than the rates made available to a third party as set forth above, Access One shall decrease the rates under this Agreement as necessary to eliminate this discrepancy. Any rate adjustments required by this Section 6 will be made retroactive to the date the lower rates were made available to the third party. If it is determined that Access One has not fully complied with the terms of this Section 6, Access One shall refund to Xxxx.xxx of the difference between the dollar amount that Xxxx.xxx paid for the affected Service and the dollar amount that Xxxx.xxx would have paid for the affected Service had Access One been in full compliance.
Sample 1

Related to Most Favored Purchaser

  • MOST-FAVORED nation treatment 2 1. Each Party shall accord to investors of the other Party treatment no less favorable than that it accords, in like circumstances, to investors of a non-Party with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments in its territory. 2. Each Party shall accord to covered investments treatment no less favorable than that it accords, in like circumstances, to investments in its territory of investors of a non- Party with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments.

  • Most Favored Lender (a) If the Bank Facility, or any guarantee by a Subsidiary of the Company’s obligations thereunder, or any Other Note Agreement or any guarantee by a Subsidiary of the Company’s obligations thereunder (the Bank Facility, each Other Note Agreement and any of such guarantees being referred to, collectively, as an “MFL Document”), shall be amended, modified or supplemented after the date hereof and during the Covenant Relief Period, whether directly or indirectly, and the effect of such amendment, modification or supplement shall be to impose on the Company or any Subsidiary Guarantor any one or more conditions, covenants, events of default or other terms (other than those referred to in Section 3.2 of this Agreement) that are not contained herein, in the Note Agreement or in the Subsidiary Guarantee (the “Relevant Documents”), or that would, if incorporated into the Relevant Documents, be more favorable to the holders of the Notes than the conditions, covenants, events of default or other terms contained in the Relevant Documents (any such condition, covenant, event of default or other term being referred to herein as a “More Favorable Provision”), then, subject to Section 3.1(b), such More Favorable Provision shall be automatically incorporated in the Relevant Document as if set forth fully therein, mutatis mutandis, and shall be effective as of the date such More Favorable Provision becomes effective in the relevant MFL Document. Thereafter, such More Favorable Provision may only be amended in accordance with the provisions of the Note Agreement. (b) The Company shall give written notice to each holder of Notes of the effectiveness of any More Favorable Provision within 10 days after execution of the document containing such More Favorable Provision, which notice shall include a copy of such document. If the Required Holders give written notice to the Company, within 20 days after receipt of the Company’s notice, objecting to the inclusion of such More Favorable Provision in the Relevant Document, such More Favorable Provision shall not be incorporated in the Relevant Document. (c) Upon the written request of the Company or the Required Holders, the Company or the Subsidiary Guarantors, as applicable, and the Required Holders shall enter into an amendment of the Relevant Document to reflect the inclusion of the More Favorable Provision. All costs of the holders of the Notes incurred in connection with any such amendment (including, without limitation, the reasonable fees and expenses of counsel to the holders) shall be paid by the Company promptly after its receipt of a statement in respect thereof. (d) For the avoidance of doubt, all of the provisions of any Relevant Document shall otherwise remain in effect notwithstanding the incorporation therein of one or more More Favorable Provisions.

  • Most Favored Lender Status In the event that the Company shall at any time after the date of this Agreement enter into, assume or otherwise become bound by or obligated under any agreement creating or evidencing Indebtedness of the Company in excess of $10,000,000 in principal amount (other than Indebtedness permitted by Section 10.6) (a “Reference Agreement”) containing one or more Additional Covenants, the terms of this Agreement shall, without any further action on the part of the Company or any of the holders of the Notes, be deemed to be amended automatically to include each Additional Covenant contained in such Reference Agreement. The Company further covenants to promptly execute and deliver at its expense (including, without limitation, the fees and expenses of counsel for the holders of the Notes) an amendment to this Agreement in form and substance satisfactory to the Required Holders evidencing the amendment of this Agreement to include such Additional Covenants, provided that the execution and delivery of such amendment shall not be a precondition to the effectiveness of such amendment as provided for in this Section 9.9, but shall merely be for the convenience of the parties hereto. Notwithstanding the foregoing, (A) if any Additional Covenant that has been incorporated herein pursuant to this Section 9.9 is subsequently amended or modified in the relevant Reference Agreement, such Additional Covenant, as amended or modified, shall be deemed incorporated by reference into this Agreement and replace such Additional Covenant as originally incorporated, mutatis mutandi, as if set forth fully in this Agreement, effective beginning on the date on which such amendment or modification is effective under the relevant Reference Agreement and (B) if any Additional Covenant that has been incorporated herein pursuant to this Section 9.9 is subsequently removed or terminated from the relevant Reference Agreement or the Company is otherwise no longer required to comply therewith under the relevant Reference Agreement, the Company, beginning on the effective date such Additional Covenant is removed or terminated from the relevant Reference Agreement or the Company otherwise no longer required to comply with such Additional Covenant, shall no longer be or remain obligated to comply with such Additional Covenant hereunder. In the event that an Additional Covenant is amended, modified, removed or terminated pursuant to this Section 9.9 and the Company and the Required Holders previously entered into an amendment to incorporate such Additional Covenant herein, the holders of the Notes, upon the request of the Company, shall enter into an amendment to this Agreement to reflect such amendment, modification, removal or termination of such Additional Covenant; provided that the failure of the holders of the Notes and the Company to execute and deliver any such amendment shall not adversely affect the automatic incorporation of any amended or modified Additional Covenants into, or the automatic removal or termination of Additional Covenants from, this Agreement as provided above in this Section 9.9.

  • Most Favored Customer Contractor shall, within thirty (30) days of their effective date, notify the Lead State and NASPO ValuePoint of any contractual most-favored-customer provisions in third-party contracts or agreements that may affect the promotion of this Master Agreement or whose terms provide for adjustments to future rates or pricing based on rates, pricing in, or Orders from this Master Agreement. Upon request of the Lead State or NASPO ValuePoint, Contractor shall provide a copy of any such provisions.

  • Most Favored Nation Provision From the date hereof and for so long as a Purchaser holds any Securities, in the event that the Company issues or sells any Common Stock or Common Stock Equivalents, if a Purchaser then holding outstanding Securities reasonably believes that any of the terms and conditions appurtenant to such issuance or sale are more favorable to such investors than are the terms and conditions granted to the Purchasers hereunder, upon notice to the Company by such Purchaser, the Company shall amend the terms of this transaction as to such Purchaser only so as to give such Purchaser the benefit of such more favorable terms or conditions. This Section shall not apply with respect to an Exempt Issuance. The Company shall provide each Purchaser with notice of any such issuance or sale not later than ten (10) Trading Days before such issuance or sale.

  • Most Favored Nation While the Note or any principal amount, interest or fees or expenses due thereunder remain outstanding and unpaid, the Company shall not enter into any public or private offering of its securities (including securities convertible into shares of Common Stock) with any individual or entity (an “Other Investor”) that has the effect of establishing rights or otherwise benefiting such Other Investor in a manner more favorable in any material respect to such Other Investor than the rights and benefits established in favor of the Buyer by this Agreement or the Note unless, in any such case, the Buyer has been provided with such rights and benefits pursuant to a definitive written agreement or agreements between the Company and the Buyer.

  • Most-Favored-Nation Treatment 1. Each Party shall accord to investors of the other Party treatment no less favorable than that it accords, in like circumstances, to investors of any non-Party with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments in its territory. 2. Each Party shall accord to covered investments treatment no less favorable than that it accords, in like circumstances, to investments in its territory of investors of any non-Party with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments.

  • Most Favored Nations The Company hereby represents and warrants that as of the date hereof, and covenants and agrees that after the date hereof, none of the agreements with any other Person for the purchase of Class A Shares or Warrants include or will include terms, rights or other benefits that are more favorable, in any material respect, to such other Person than the terms, rights and benefits in favor of the Purchaser under this Agreement, and the Company will not amend any of the terms, rights or benefits in, or waive any material obligation under, any of the agreements with such other Person unless, in any such case, the Purchaser has been offered in writing the opportunity to concurrently receive the benefits of all such terms, rights and benefits or waiver. The Purchaser shall notify the Company in writing, within ten (10) days after the date it has been offered the opportunity to receive the benefit of such terms, rights, benefits or waiver, of its election to receive any such term, right, benefit or waiver so offered.

  • MOST FAVORED CUSTOMER CLAUSE Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Agreement, Contractor develops a regularly followed standard procedure of entering into agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices, warranties, benefits, and or terms more favorable than those provided to H-GAC, Contractor shall notify H-GAC within ten (10) business days thereafter, and this Agreement shall be deemed to be automatically retroactively amended, to the effective date of Contractor’s most favorable past agreement with another entity. Contractor shall provide the same prices, warranties, benefits, or terms to H-GAC and its END USER as provided in its most favorable past agreement. H-GAC shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty, benefit, or term that was charged or offered to another entity during the term of this Agreement, does not constitute more favorable treatment, than Contractor shall, within ten (10) business days, notify H-GAC in writing, setting forth the detailed reasons Contractor believes the aforesaid offer is not in fact most favored treatment. H-GAC, after due consideration of Contractor’s written explanation, may decline to accept such explanation and thereupon this Agreement between H-GAC and Contractor shall be automatically amended, effective retroactively, to the effective date of the most favored agreement, to provide the same prices, warranties, benefits, or terms to H-GAC and the END USER.

  • Purchase Order Pricing/Product Deviation If a deviation of pricing/product on a Purchase Order or contract modification occurs between the Vendor and the TIPS Member, TIPS must be notified within five (5) business days of receipt of change order. TIPS reserves the right to terminate this agreement for cause or no cause for convenience with a thirty (30) days prior written notice. Termination for convenience is conditionally required under Federal Regulations 2 CFR part 200 if the customer is using federal funds for the procurement. All purchase orders presented to the Vendor, but not fulfilled by the Vendor, by a TIPS Member prior to the actual termination of this agreement shall be honored at the option of the TIPS Member. The awarded Vendor may terminate the agreement with ninety (90) days prior written notice to TIPS 0000 XX Xxx Xxxxx, Xxxxxxxxx, Xxxxx 00000. The vendor will be paid for goods and services delivered prior to the termination provided that the goods and services were delivered in accordance with the terms and conditions of the terminated agreement. This termination clause does not affect the sales agreements executed by the Vendor and the TIPS Member customer pursuant to this agreement. TIPS Members may negotiate a termination for convenience clause that meets the needs of the transaction based on applicable factors, such as funding sources or other needs. Usually, purchase orders or their equal are issued by participating TIPS Member to the awarded vendor and should indicate on the order that the purchase is per the applicable TIPS Agreement Number. Orders are typically emailed to TIPS at xxxxxx@xxxx-xxx.xxx. • Awarded Vendor delivers goods/services directly to the participating member. • Awarded Vendor invoices the participating TIPS Member directly. • Awarded Vendor receives payment directly from the participating member. • Fees are due to TIPS upon payment by the Member to the Vendor. Vendor agrees to pay the participation fee to TIPS for all Agreement sales upon receipt of payment including partial payment, from the Member Entity or as otherwise agreed by TIPS in writing and signed by an authorized signatory of TIPS.

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