Pricing Generally Sample Clauses

Pricing Generally. Buyer shall pay to Seller, for each Product which Buyer orders hereunder, the price for such Product as specified and further described in Exhibit A hereto. All prices set forth in Exhibit A are delivered prices. If the parties elect FOB plant pricing instead of delivered pricing, any applicable price set forth on Exhibit A shall be reduced by an amount mutually agreed upon in writing by the parties. Prior to the first delivery of any Products not listed on Exhibit A, the parties will mutually agree in writing upon the price applicable thereto; provided, that pricing for any such new Products shall be subject to the same pricing protocols and components as existing Products unless mutually agreed in writing between the parties.
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Pricing Generally i. Products Other than Co-pack Products. Buyer shall pay to Seller, for each Product (other than Co-pack Products) which Buyer orders hereunder, the price for such Product as specified and further described in Exhibit A hereto. All prices set forth in Exhibit A are delivered prices. If the parties elect FOB plant pricing instead of delivered pricing, any applicable price set forth on Exhibit A shall be reduced by an amount mutually agreed upon in writing by the parties. To the extent that the invoice price at which Buyer sells a Product (other than a Co-pack Product) to a Buyer customer exceeds the price at which Buyer purchased such Product from Seller hereunder (the “Cost”), then Buyer shall remit to Seller with respect to each such Product (other than a Co-pack Product) a net amount equal to (i) the total amount collected by Buyer from such customer for such Product, minus (ii) the Cost for such Product, minus (iii) Buyer’s cost to administer such sale, which shall include trade, broker commissions, resupply costs and distribution costs, as applicable. Prior to the first delivery of any Products not listed on Exhibit A, the parties will mutually agree in writing upon the price applicable thereto; provided, that pricing for any such new Products shall be subject to the same pricing protocols and components as existing Products unless mutually agreed in writing between the parties.
Pricing Generally. Pricing for laboratory testing services provided by Contractor to Quest Diagnostics shall be in accordance with the Pricing Schedule attached as Exhibit Quest A.
Pricing Generally. Subject to Sections 4(c) and 4(d) hereof, in consideration for the purchase and sale of the Core System under each PO and the license of the technology subject to each PO, Owner agrees to pay to Seller, for each Core System purchased thereunder, a total amount (the “Purchase Price”) equal to the following:
Pricing Generally. The Parties intend that the New Supply Agreement will include pricing substantially similar to the pricing agreed to in the new NCI Contract, where applicable based upon circumstances, terms and conditions. For example, certain arrangements in the new NCI Contract relating to the manner of funding the development of new features and products, etc., may not be applicable to NII.
Pricing Generally. The Parties intend that the New Agreement will include pricing substantially similar to the pricing agreed to with Nextel Communications, Inc. in its new Supply Agreement, where applicable based upon circumstances, terms and conditions. For example, certain arrangements with Nextel Communications, Inc. relating to the manner of funding the development of new features and products, etc., may not be applicable to NII.
Pricing Generally 
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Related to Pricing Generally

  • Interest Generally Interest on the outstanding principal balance of the Loan shall accrue from the Closing Date to but excluding the Maturity Date at the Interest Rate.

  • Form Generally The Securities shall be in substantially the form set forth in this Article, with such appropriate insertions, omissions, substitutions and other variations as are required or permitted by this Indenture, and may have such letters, numbers or other marks of identification and such legends or endorsements placed thereon as may be required to comply with the rules of any securities exchange, the Internal Revenue Code of 1986, as amended, and regulations thereunder (the "Code"), or as may, consistent herewith, be determined by the officers executing such Securities, as evidenced by their execution thereof. All Securities shall be in fully registered form. The Trustee's certificates of authentication shall be in substantially the form set forth in Section 2.3. Conversion notices shall be in substantially the form set forth in Section 2.4. Repurchase notices shall be substantially in the form set forth in Section 2.2. The Securities shall be printed, lithographed, typewritten or engraved or produced by any combination of these methods or may be produced in any other manner permitted by the rules of any automated quotation system or securities exchange (including on steel engraved borders if so required by any securities exchange upon which the Securities may be listed) on which the Securities may be quoted or listed, as the case may be, all as determined by the officers executing such Securities, as evidenced by their execution thereof. Upon their original issuance, Securities issued as contemplated by the Purchase Agreement to Qualified Institutional Buyers in reliance on Rule 144A shall be issued in the form of one or more Global Securities in definitive, fully registered form without interest coupons and bearing the Restricted Securities Legend. Such Global Security shall be registered in the name of DTC, as Depositary, or its nominee and deposited with the Trustee, as custodian for DTC, for credit by DTC to the respective accounts of beneficial owners of the Securities represented thereby (or such other accounts as they may direct). Such Global Security, together with its Successor Securities which are Global Securities, are collectively herein called the "Restricted Global Security".

  • Allocations Generally The Company’s profit and loss shall be allocated to the Member.

  • Notice Generally Any notice, demand, request, consent, approval, declaration, delivery or other communication hereunder to be made pursuant to the provisions of this Warrant shall be sufficiently given or made if in writing and either delivered in person with receipt acknowledged or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows:

  • Agents Generally Except as expressly set forth herein, no Agent shall have any duties or responsibilities hereunder in its capacity as such.

  • Services Generally The Fund shall be permitted to utilize ACCESS to obtain direct on-line access to its Accounts and Omnibus Accounts. ACCESS shall permit the Fund at the times mutually agreed upon by the Custodian and the Fund to receive reports, make inquiries, instruct the Custodian to disburse money in accordance with Section C, and perform such other functions as are more fully set forth in Exhibit E-2 hereto.

  • Investments Generally The Borrower shall not, and shall not permit any Subsidiary or other Loan Party to, directly or indirectly, acquire, make or purchase any Investment, or permit any Investment of such Person to be outstanding on and after the Agreement Date, other than the following:

  • Adjustments Generally The Exercise Price and the number of shares of Common Stock (or other securities or property) issuable upon exercise of this Warrant shall be subject to adjustment from time to time upon the occurrence of certain events, as provided in this Article IV.

  • Property Generally Each of the Borrower and its Subsidiaries has good title to, or valid leasehold interests in, all its real and personal property material to its business, subject only to Liens permitted by Section 7.02 and except for minor defects in title that do not interfere with its ability to conduct its business as currently conducted or to utilize such properties for their intended purposes.

  • Taxes Generally All payments by the Borrower of principal of, and interest on, the Loans and all other Obligations shall be made free and clear of and without deduction for any present or future excise, stamp or other taxes, fees, duties, levies, imposts, charges, deductions, withholdings or other charges of any nature whatsoever imposed by any taxing authority, but excluding (i) franchise taxes, (ii) any taxes imposed on or measured by any Lender’s assets, net income, receipts or branch profits, (iii) any taxes (other than withholding taxes) with respect to the Agent or a Lender that would not be imposed but for a connection between the Agent or such Lender and the jurisdiction imposing such taxes (other than a connection arising solely by virtue of the activities of the Agent or such Lender pursuant to or in respect of this Agreement or any other Loan Document), and (iv) any taxes, fees, duties, levies, imposts, charges, deductions, withholdings or other charges to the extent imposed as a result of the failure of the Agent or a Lender, as applicable, to provide and keep current (to the extent legally able) any certificates, documents or other evidence required to qualify for an exemption from, or reduced rate of, any such taxes fees, duties, levies, imposts, charges, deductions, withholdings or other charges or required by the immediately following subsection (c) to be furnished by the Agent or such Lender, as applicable (such non-excluded items being collectively called “Taxes”). If any withholding or deduction from any payment to be made by the Borrower hereunder is required in respect of any Taxes pursuant to any Applicable Law, then the Borrower will:

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