Common use of QUALIFIED PURCHASES Clause in Contracts

QUALIFIED PURCHASES. All terms contained herein apply only to purchases made hereunder, as confirmed by Amgen ("Qualified Purchases"), by NMC and, subject to the terms of Section 11, all Affiliates (as such term is defined in Section 11 below) opened, acquired, or managed by NMC during the Term, for so long as such Affiliates remain at least fifty and one-tenth percent (50.10%) owned or managed by National Medical Care, Inc., through wholesalers chosen by NMC and authorized by Amgen to participate in the program ("Authorized Wholesalers") or directly from Amgen. In addition, and also subject to the terms of Section 11, Renaissance Health Care, Inc., Optimal Renal Care, L.L.C., Integrated Renal Care of the Pacific, LLC and/or any joint venture of NMC in which NMC holds at least a fifty and one-tenth percent (50.10%) ownership interest, will also be eligible to participate, although not required to purchase under this Agreement. Amgen agrees to reasonably approve Authorized Wholesalers requested by NMC. The option to purchase on a direct basis from Amgen is subject to receipt and approval, not to be unreasonably withheld, of an "Application for Direct Ship Account".

Appears in 2 contracts

Samples: Freestanding Dialysis Center Agreement (Fresenius Medical Care Corp), Freestanding Dialysis Center Agreement (Fresenius Medical Care Corp)

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QUALIFIED PURCHASES. All terms contained herein apply only to purchases made hereunder, as confirmed by Amgen ("Qualified Purchases"), by NMC and, subject to the terms of Section 11, all Affiliates (as such term is defined in Section 11 below) opened, acquired, or managed by NMC during the Term, for so long as such Affiliates remain at least fifty and one-tenth percent (50.10%) owned or managed by National Medical Care, Inc., through wholesalers chosen by NMC and authorized by Amgen to participate in the program ("Authorized Wholesalers") or directly from Amgen. In addition, and also subject to the terms of Section 11, Renaissance Health Care, Inc., Optimal Renal Care, L.L.C., Integrated Renal Care of the Pacific, LLC and/or any joint venture of NMC in which NMC holds at least a fifty and one-tenth percent (50.10%) ownership interest, will also be eligible to participate, although not required to purchase under this Agreement. Amgen agrees to reasonably approve Authorized Wholesalers requested by NMC. The option to purchase on a direct basis from Amgen is subject to receipt and approval, not to be unreasonably withheld, of an "Application for Direct Ship Account".

Appears in 1 contract

Samples: Freestanding Dialysis Center Agreement (Fresenius Medical Care Holdings Inc /Ny/)

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QUALIFIED PURCHASES. All terms contained herein apply only to purchases made hereunder, as confirmed by Amgen ("Qualified Purchases"), by NMC and, subject to the terms of Section 1113, all Affiliates (as such term is defined in Section 11 below) affiliates opened, acquired, or managed by NMC during the Term, for so long as such Affiliates affiliates remain at least fifty and one-tenth percent (50.10%) owned or managed by National Medical Care, Inc.Inc. or Everest Healthcare Services Corporation ("Affiliates"), through wholesalers chosen by NMC and authorized by Amgen to participate in the program ("Authorized Wholesalers") or directly from Amgen. In addition, and also subject to the terms of Section 1113, Affiliates of Renaissance Health Care, Clinic, Inc., Optimal Renal Care, L.L.C., Integrated Renal Care of the Pacific, LLC and/or any joint venture of NMC in which NMC holds at least a fifty and one-tenth percent (50.10%) ownership interest, will also be eligible to participate, although not required to purchase under this Agreementpurchase. Amgen agrees to reasonably approve Authorized Wholesalers requested by NMC. The option to purchase on a direct basis from Amgen is subject to receipt and approval, not to be unreasonably withheld, of an "Application for Direct Ship Account".

Appears in 1 contract

Samples: Center Agreement (Fresenius Medical Care Holdings Inc /Ny/)

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