Common use of Purchase Obligation Clause in Contracts

Purchase Obligation. (A) Subject to the next sentence, during each twelve-month period that begins during the Initial Term and includes Seller’s Fall-Xxxxxx xxxx-out period and Seller’s Spring-Summer xxxx-out period (each a “MOS (Apparel) Measurement Period”), Buyer will not be obligated to purchase from Seller more than 175% of the amount of MOS (Apparel) that Buyer purchased from Seller during the 12-month period that immediately preceded the then-current MOS (Apparel) Measurement Period (the “MOS (Apparel) 175% Limit”). Buyer’s purchases of MOS (Apparel) in accordance with a MOS Right of First Refusal and purchases of MOS (Apparel) Excess in accordance with Section 4(c)(v)(B) will be excluded from Buyer’s purchases of MOS (Apparel) for the purpose of determining Buyer’s purchases of MOS (Apparel) in excess of the MOS (Apparel) 175% Limit. The first MOS (Apparel) Measurement Period will include Seller’s 2012 Fall-Xxxxxx xxxx-out period and Seller’s 2013 Spring-Summer xxxx-out period and the purchase volumes for the 12-month period that included Seller’s 2011 Fall-Xxxxxx xxxx-out Period and Seller’s 2012 Spring-Summer xxxx-out Period will be used to determine Buyer’s rights in accordance with the first sentence of this Section 4(c)(v)(A). The amount of MOS (Apparel) in excess of the MOS (Apparel) 175% Limit is referred to as the “MOS (Apparel)

Purchase Obligation. (A) Subject to the next sentence, during each rolling twelve-month period that begins during the Initial Term and includes Seller’s Fall-Xxxxxx xxxx-out period and Seller’s Spring-Summer xxxx-out period (each a “MOS (Non-Apparel) Measurement Period”), Buyer will not be obligated to purchase from Seller more than 175% of the amount of MOS (Non-Apparel) that Buyer purchased from Seller during the 12-month period that immediately preceded the then-current MOS (Non-Apparel) Measurement Period (the “MOS (Non-Apparel) 175% Limit”). Buyer’s purchases of MOS (Non-Apparel) in accordance with a MOS Right of First Refusal Offer and purchases of MOS (Non-Apparel) Excess in accordance with Section 4(c)(v)(B4(c)(iv)(B) will be excluded from Buyer’s purchases of MOS (Non-Apparel) for the purpose of determining Buyer’s purchases of MOS (Non-Apparel) in excess of the MOS (Non-Apparel) 175% Limit. The With respect to the first MOS (Non-Apparel) Measurement Period Period, which will include Seller’s 2012 Fallend on the last day of the fiscal month in which the first anniversary of the Effective Date occurs, and for each of the next eleven consecutive MOS (Non-Xxxxxx xxxx-out period and Seller’s 2013 Spring-Summer xxxx-out period and Apparel) Measurement Periods (each ending on the last day of a fiscal month), the purchase volumes for the 12-month period that included Seller’s 2011 Fall-Xxxxxx xxxx-out Period and Seller’s 2012 Spring-Summer xxxx-out Period applicable number of months immediately preceding the Effective Date will be used to determine Buyer’s rights in accordance with the first sentence of this Section 4(c)(v)(A4(c)(iv)(A). The amount of MOS (Non-Apparel) in excess of the MOS (Non-Apparel) 175% Limit is referred to as the “MOS (Apparel)Execution Copy

Purchase Obligation. (A) Subject to the next sentence, during each rolling twelve-month period that begins during the Initial Term and includes Seller’s Fall-Xxxxxx xxxx-out period and Seller’s Spring-Summer xxxx-out period (each a “MOS (Non-Apparel) Measurement Period”), Buyer will not be obligated to purchase from Seller more than 175% of the amount of MOS (Apparelnon-apparel) that Buyer purchased from Seller during the 12-month period that immediately preceded the then-current MOS (Non-Apparel) Measurement Period (the “MOS (Non-Apparel) 175% Limit”). Buyer’s purchases of MOS (Apparelnon-apparel) in accordance with a MOS Right of First Refusal Offer and purchases of MOS (Non-Apparel) Excess in accordance with Section 4(c)(v)(B4(c)(iv)(B) will be excluded from Buyer’s purchases of MOS (Apparelnon-apparel) for the purpose of determining Buyer’s purchases of MOS (non-Apparel) in excess of the MOS (Non-Apparel) 175% Limit. The With respect to the first MOS (Non-Apparel) Measurement Period Period, which will include Seller’s 2012 Fall-Xxxxxx xxxx-out period and Seller’s 2013 Spring-Summer xxxx-out period and end on the purchase volumes for last day of the 12-fiscal month period that included Seller’s 2011 Fall-Xxxxxx xxxx-out Period and Seller’s 2012 Spring-Summer xxxx-out Period will be used to determine Buyer’s rights in accordance with which the first sentence anniversary of this Section 4(c)(v)(A). The amount the Effective Date occurs, and for each of the next eleven consecutive MOS (Non-Apparel) in excess of the MOS Measurement Periods (Apparel) 175% Limit is referred to as the “MOS (Apparel)each ending on the