Quarterly Adjustment. From the corresponding date of the first month in the corresponding quarter, the loan interest rate shall be adjusted, on the basis of the LPR recently published, in accordance with the increased or decreased percentage points agreed herein;
Quarterly Adjustment. At the conclusion of each quarter, Pharmacopeia will calculate the actual number of FTEs provided by Pharmacopeia during that quarter and calculate any difference between the actual number of FTEs provided by Pharmacopeia and the number prepaid by SPL. Any overpayment or underpayment shall be reflected as a credit or additional charge, as the case may be, in the next quarterly invoice as per Section 5.2.3, and in the event that no further quarterly payments are due under this Section 5.2, then (i) any underpayment shall be paid by SPL to Pharmacopeia within fifteen (15) business days of receiving notice and invoice therefor, or (ii) Pharmacopeia shall within thirty (30) days reimburse SPL for any overpayment. For purposes of clarity and avoidance of doubt, the Parties acknowledge and agree that nothing in this Section 5.2.4 shall be construed as obligating SPL to pay for any Pharmacopeia FTEs actually working in the Collaboration during a given year of the Collaboration in excess of the number of FTEs specifically provided for in Section 2.2 during such year, unless such increased FTE support is agreed to in advance in writing by SPL.
Quarterly Adjustment. From the first day of the first month in the corresponding quarter, the loan interest rate shall be adjusted, on the basis of the LPR recently published, in accordance with the increased or decreased percentage points agreed herein; Monthly Adjustment. From the corresponding date of the corresponding month, the loan interest rate shall be adjusted, on the basis of the LPR recently published, in accordance with the increased or decreased percentage points agreed herein (If there is no corresponding day in the month of adjustment, the last day of such month shall be treated as the corresponding day); Monthly Adjustment. From the corresponding date of the corresponding month, the loan interest rate shall be adjusted, on the basis of the LPR recently published, in accordance with the increased or decreased percentage points agreed herein; Immediate Adjustment. From the date immediately following the date of the LRP recently published, the loan interest rate shall be adjusted, on the basis of the new LPR, in accordance with the increased or decreased percentage points agreed herein.
Quarterly Adjustment. Within thirty (30) days after each calendar quarter, Cadista shall calculate the actual Product Purchase Price of a Product for Net Sales occurring during such quarter giving effect to the actual Net Sales price for such Product during such quarter and the Destination Charges incurred in such quarter. To the extent the estimated Product Purchase Price paid by Cadista to Jubilant for such Product during such quarter exceeds ninety percent (90%) of the Net Sales price for such Product, Jubilant shall issue to Cadista a credit for such overpayment which shall be applied against future Product purchases. To the extent the estimated Product Purchase Price paid by Cadista to Jubilant for such Product during such quarter is less than ninety percent (90%) of the Net Sales price for such Product, such shortfall shall be added to the next Product invoice from Jubilant. Jubilant shall also credit Cadista for Destination Charges incurred in a quarter by crediting such amount against future Product purchases. Any amounts remaining to be credited by Jubilant to Cadista or to be included in a future invoice to Cadista at the termination or expiration of the Agreement shall be settled in cash at the termination or expiration of this Agreement.
Quarterly Adjustment. At the conclusion of each quarter, --------------------------- Pharmacopeia will calculate the actual number of FTEs provided by Pharmacopeia during that quarter and calculate any difference between the actual number of FTEs provided by Pharmacopeia and the number prepaid by SPL. Any overpayment or underpayment shall be reflected as a credit or additional charge, as the case may be, in the next quarterly invoice as per Section 5.2.7 below, and in the event that no further quarterly payments are due under this Section 5.2, then (i) any underpayment shall be paid by SPL to Pharmacopeia within * business days of receiving notice and invoice therefor, or (ii) Pharmacopeia shall within * days reimburse SPL for any overpayment.
Quarterly Adjustment. Within thirty (30) days after the end of each Calendar Quarter during the Term, JJM shall prepare and deliver to Integra a certificate with supporting data in reasonable detail (the "Net Sales Certificate"), setting forth (i) the Net Sales of Products in the Territory during the preceding Calendar Quarter -- in the aggregate and broken down by each type and size of Product and country within the Territory, (ii) the Estimated Net Sales which were used to calculate the Supply Price for such Calendar Quarter; (iii) the number of Products sold during such Calendar Quarter -- in the aggregate and broken down by each type and size of Product and country, (iv) the price actually paid based on the Estimated Net Sales for such Calendar Quarter -- in the aggregate and broken down by each type and size of Product and country, (v) the Supply Price owing pursuant to this Agreement based on the Net Sales for each Product sold in the Territory during such Calendar Quarter -- in the aggregate and broken down by each type and size of Product and country and (vi) the amount of any "true-up" payment due to either JJM or Integra resulting from the difference between the Supply Price paid and the Supply Price owing. If JJM is obligated to make any payments to Integra pursuant to this Section 6.4, it shall do so simultaneously with the delivery of the Net Sales Certificate. If Integra is obligated to refund any amounts to JJM pursuant to this Section 6.4, it shall do so by crediting such amounts against the next succeeding invoices issued to JJM until fully applied.
Quarterly Adjustment. Should the Actual Quarterly TFA Payment exceed the sum of the Estimated Monthly TFA Payments paid during the applicable Quarter, NLH shall pay to Opco within 10 days of receipt by NLH of the Actual Quarterly TFA Payment Invoice the amount by which the Actual Quarterly TFA Payments exceed the sum of the Estimated Monthly TFA Payments paid for the applicable Quarter. Should the Actual Quarterly TFA Payments be less than the sum of the Estimated Monthly TFA Payments paid by NLH for the applicable Quarter, Opco shall within 10 days of delivery by Opco of the Actual Quarterly TFA Payment Invoice either (i) pay to NLH the amount by which the sum of the Estimated Monthly TFA Payments paid for the applicable Quarter exceeds the Actual Quarterly TFA Payments, or (ii) deliver to NLH a Notice authorizing NLH to credit against future Estimated Monthly TFA Payments, the amount by which the sum of the Estimated Monthly TFA Payments paid for the applicable Quarter exceeds the Actual Quarterly TFA Payment.
Quarterly Adjustment. Notwithstanding the Parties’ agreement regarding the Initial Cost and the annual increase thereof, within 30 days of the end of each calendar quarter during the Term, Supplier shall calculate the actual Operating Costs and Service Fee incurred by it during the previous calendar quarter to provide the Services to Project Company hereunder and shall deliver such calculation to Project Company with reasonable supporting detail. If the result of such calculation reflects that Supplier’s actual Operating Costs and Service Fee for such calendar quarter exceeded amounts paid by Project Company to Supplier with respect to Operating Costs for such calendar quarter (based on the invoices of Initial Costs previously issued in respect of such calendar quarter), Project Company shall pay Supplier the positive difference, at the time that payment of the next invoice is due and payable. If the result of such calculation reflects that Supplier’s actual Operating Costs and Service Fee for such calendar quarter were less than amounts paid by Project Company to Supplier with respect to Operating Costs for such calendar quarter (based on the invoices of Initial Costs previously issued in respect of such calendar quarter), Supplier shall deduct such negative difference, from the next invoice(s) issued by Supplier to Project Company hereunder until such negative difference has been recouped by Project Company.
Quarterly Adjustment. (1) If the ratio of Interest Bearing Debt to EBITDA (hereafter, "IBD/EBITDA") is less than 1.00 to 1.00, the Applicable Margin for the LIBOR Rate shall be one hundred seventy-five Basis Points (1.75%).
(2) If the ratio of IBD/ EBITDA is greater than 1.00 to 1.00 (inclusive) and less than 1.50 to 1.00, the Applicable Margin for the LIBOR Rate shall be two hundred Basis Points (2.00%).
(3) If the ratio of IBD/ EBITDA is greater than 1.50 (inclusive) to 1.00 and less than 2.00 (inclusive) to 1.00, the Applicable Margin for the LIBOR Rate shall be two hundred twenty-five Basis Points (2.25%).
Quarterly Adjustment. Within the first forty-five (45) days of each fiscal quarter of every year during the term of this Agreement, slow moving inventory may be returned by Distributor to Roxio for credit against the simultaneous purchase of new Products of equal or greater aggregate value, subject to the following limitations set forth below. Notwithstanding anything else herein, (i) all purchase orders for such new Products are non-cancellable and must be received by Roxio by the time Roxio issues a return RMA and (ii) all such new Products must be shipped within ninety (90) days of the date of such purchase order.
(a) Distributor may return up to [***] ([***]%) of the amount of the previous [***] purchases by Distributor of all Products; provided, however, that Distributor will notify Roxio in writing if it wishes to discuss the disposition of additional Products and Roxio agree to discuss such disposition within ten (10) days of receiving a request from Distributor.
(b) Products must be returned in factory-shipped condition in the original and undamaged Roxio -supplied package;
(c) Distributor must obtain an RMA from Roxio prior to any return and all returns must comply with Roxio’s policies, procedures and instructions;
(d) All freight charges for returns shall be paid by Distributor; and
(e) All Products authorized for return shall be subject to inspection by Roxio to confirm that Products meet Roxio’s product and packaging quality standards.
