Potential Adjustment to the Maximum Request and Annual Minimum Sample Clauses

Potential Adjustment to the Maximum Request and Annual Minimum. Notwithstanding anything herein to the contrary, if Immunex and Wyeth reasonably determine in good faith that the yearly worldwide market requirements for Bulk Drug Substance will fall below the Annual Minimum for a particular Calendar Year (such calculation to be based on the prior year's Production Assumptions and the basic success rate laid down in Section 5.1(a)(1) of the original Agreement), and Immunex and Wyeth provide written notice thereof to BIP, including a certification [*] Confidential Treatment Requested signed by an officer of Immunex and Wyeth that verifies their forecast for worldwide market requirements for Bulk Drug Substance for the respective Calendar Year, then the terms set forth in Section 5.1(b) of the original Agreement regarding downward adjustments in the Maximum Request shall apply and shall supersede the provisions in Section 5.10(a) above regarding revisions to the Maximum Request and the provisions in Section 5.10(b) above regarding revisions to the Annual Minimum. Thereafter, and for so long during the Supply Term that the yearly worldwide market requirements for Bulk Drug Substance remain below the Annual Minimum, and except as otherwise agreed among the Parties, Buyer shall guarantee BIP an adjusted annual minimum (the "Adjusted Annual Minimum") that shall supersede the Annual Minimum. The Adjusted Annual Minimum shall be the greater of (1) [*] contained in the [*] provided to BIP by Immunex and Wyeth for [*] or (2) [*], as such [*] by Immunex and Wyeth pursuant to [*]. If the [*] are higher than the [*] thereof provided by Immunex and Wyeth to BIP [*]shall be adjusted [*]. If the [*] is applicable, then [*]. Immunex and Wyeth shall [*] for [*] greater than either (i) [*] or (ii) [*]. Immunex and Wyeth shall in a timely manner inform BIP in writing of [*], [*] Confidential Treatment Requested and BIP shall within thirty (30) days after receipt of such notice provide its own written notice to Immunex and Wyeth of which option BIP has selected (i.e., either (i) or (ii) in the immediately preceding sentence). By way of example only, if [*]
Sample 1
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Related to Potential Adjustment to the Maximum Request and Annual Minimum

  • Minimum Amounts and Maximum Number of Eurodollar Tranches Notwithstanding anything to the contrary in this Agreement, all borrowings, conversions, continuations and optional prepayments of Eurodollar Loans hereunder and all selections of Interest Periods hereunder shall be in such amounts and be made pursuant to such elections so that, (a) after giving effect thereto, the aggregate principal amount of the Eurodollar Loans comprising each Eurodollar Tranche shall be equal to $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (b) no more than ten Eurodollar Tranches shall be outstanding at any one time.

  • Reallocation to a Class with a Lower Salary Range Maximum 1. If the employee meets the skills and abilities requirements of the position and chooses to remain in the reallocated position, the employee retains the existing appointment status and has the right to be placed on the Employer’s internal layoff list for the classification occupied prior to the reallocation. 2. If the employee chooses to vacate the position or does not meet the skills and abilities requirements of the position, the layoff procedure specified in Article 31 of this Agreement applies.

  • Maximum Total Payment Including the reimbursable expenses shown above (if any), the maximum total payment under this Contract is $ ; this is a not-to-exceed amount, and the District will not pay more than this amount unless specifically agreed to in an amendment executed by the parties.

  • Minimum Excess Availability Borrower shall have Excess Availability under the Revolving Credit Loans facility of not less than the amount specified in the Schedule, after giving effect to the initial advance hereunder and after giving effect to any applicable Loan Reserves against borrowing availability under the Revolving Credit Loans.

  • Minimum Amount of Each Borrowing; Maximum Number of Borrowings The aggregate principal amount of each Borrowing of Loans shall be in a multiple of $100,000 and shall not be less than the Minimum Borrowing Amount. More than one Borrowing may occur on any date; provided that at no time shall there be outstanding more than four (4) Borrowings of LIBOR Loans under this Agreement.

  • Maximum Annual Operating Expense Limit The Maximum Annual Operating Expense Limit with respect to each Fund shall be the amount specified in Schedule A based on a percentage of the average daily net assets of each Fund.

  • Intent to Limit Charges to Maximum Lawful Rate In no event shall the interest rate or rates payable under this Agreement, plus any other amounts paid in connection herewith, exceed the highest rate permissible under any law that a court of competent jurisdiction shall, in a final determination, deem applicable. Borrower and the Lender Group, in executing and delivering this Agreement, intend legally to agree upon the rate or rates of interest and manner of payment stated within it; provided, however, that, anything contained herein to the contrary notwithstanding, if said rate or rates of interest or manner of payment exceeds the maximum allowable under applicable law, then, ipso facto, as of the date of this Agreement, Borrower is and shall be liable only for the payment of such maximum as allowed by law, and payment received from Borrower in excess of such legal maximum, whenever received, shall be applied to reduce the principal balance of the Obligations to the extent of such excess.

  • When Must Distributions from a Xxxx XXX Begin Unlike Traditional IRAs, there is no requirement that you begin distribution of your account during your lifetime at any particular age.

  • Maximum Drawing Amount The maximum aggregate amount that the beneficiaries may at any time draw under outstanding Letters of Credit, as such aggregate amount may be reduced from time to time pursuant to the terms of the Letters of Credit.

  • Maximum Payment The maximum period or aggregate of periods of accident make-up pay to be made by an Employer will be a total of 39 weeks for any one injury.

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