Requirements Forecasts Sample Clauses

Requirements Forecasts. Millennium shall provide Solvay with forecasts of its expected requirements for Bulk Product in accordance with Section 2.2 of the License Agreement that are prepared in good faith and to the best of Millennium's knowledge at the time they are prepared. The Requirements Forecasts shall be consistent with the forecasts made by Millennium for requirements for eptifibatide worldwide, including sales to third parties, research quantities and appropriate inventory levels, and will cover [**]. The Requirements Forecasts [**] are appended hereto as Appendix A. Subsequent Requirements Forecasts shall be provided to Solvay on [**] of each year during the term of this Agreement, but Millennium may elect to provide such Requirements Forecasts more frequently. The Requirements Forecasts are provided for the purpose of programming, are not to be construed as Purchase Orders, and are not binding on Millennium or Solvay.
Sample 1
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Requirements Forecasts. ICN shall provide Carme with a rolling twelve (12) month forecast of its requirements for Products under this Agreement to be updated quarterly, and delivered to Carme at least thirty (30) days in advance of the period forecasted. The first ninety (90) days of each forecast shall constitute a firm order that is not subject to cancellation by ICN.
Sample 1
Requirements Forecasts. Packer shall manufacture and deliver to the Company the quantity of Bottled Products required by Company via Purchase Orders. Not later than February 1 of each year during the Term, Company shall deliver to Packer its minimum volume requirements for Bottled Products for the following Contract Year, which amount shall be deemed the “Annual Commitment”, provided that the Annual Commitment shall not be less than 3,200,000 (three million, two hundred thousand) Cases taken and paid for pursuant to Section 4 during each Contract Year. Packer shall have thirty (30) days to accept the Annual Commitment in writing. Once accepted by Packer, such Annual Commitment shall be deemed binding upon the parties for the following Contract Year. If the Annual Commitment is rejected by Packer, the prior Contract Year’s Annual Commitment shall be in effect for such subsequent year. Company shall, by way of delivery of Purchase Orders from time to time, order its Annual Commitment, provided that the provisions of Section 2.3 shall apply if Company orders, takes possession of and pays for less than the then applicable Annual Commitment by the last day of any such Contract Year and pursuant to Section 4. Company understands that Packer has based pricing on the volumes contemplated in this Section 2.1. Company shall promptly notify Packer in writing via its Annual Commitment and its Rolling 3 Month Forecasts of its demand for Cases. Packer shall determine, in its sole discretion, the total amount of Cases it wishes to run to meet the Company’s then current Rolling 3 Month Forecast by notifying Company in writing of its intent to produce a certain quantity of Cases to meet the Company’s then current demand. Company shall then promptly, but no later than five (5) days from notification by Packer, issue a Purchase Order to the Packer for the required number of Cases to be produced by the Packer. Packer shall allocate sufficient packaging capacity at its plants, reserve production time sufficient to produce the then applicable Annual Commitment and meet the scheduled delivery times for Bottled Products, in each case, as provided by Company, all in accordance with the terms of this Agreement. Packer’s obligation to produce Bottled Products under this Agreement shall not exceed its aggregate plant capacity and its obligations to its other customers but shall at least meet the Annual Commitment of each Contract Year during the Term. In addition to the foregoing, Packer and Company shall n...
Sample 1
Requirements Forecasts. LAVIPHARM shall provide SENETEK with a rolling twelve (12) month forecast of its requirements for Products under this Agreement to be updated quarterly, and delivered to SENETEK at least thirty (30) days in advance of the period forecasted. The first ninety (90) days of each forecast shall constitute a firm order that is not subject to cancellation by LAVIPHARM.
Sample 1

Related to Requirements Forecasts

  • Rolling Forecasts The parties shall cooperate in good faith to develop rolling twelve (12) month (by Product and pack type), non-binding order forecasts of Buyer’s needs for the Products. The parties shall use commercially reasonable efforts to provide such forecasts at least ten (10) business days prior to the start of the applicable month.

  • Annual Forecasts As soon as available and in any event no later than 15 days before the end of each Fiscal Year, forecasts prepared by management of the Parent Borrower, in form satisfactory to the Agents and the Lender Parties, of balance sheets, income statements and cash flow statements on a monthly basis for the Fiscal Year following such Fiscal Year and on an annual basis for each Fiscal Year thereafter until the Termination Date.

  • Orders and Forecasts (a) Rolling […***…] Month Forecast. When each Product Agreement is executed, Client will give Patheon a non-binding […***…] month forecast of the volume of Product that Client expects to order in the first […***…] months of commercial manufacture of the Product. This forecast will then be updated by Client on or before the […***…] day of each month on a rolling forward basis. Client will update the forecast forthwith if it determines that the volumes estimated in the most recent forecast have changed by more than […***…]%. The most recent […***…] month forecast will prevail.

  • Forecasts The Consolidated forecasted balance sheets, statements of income and statements of cash flows of the Parent Guarantor and its Subsidiaries delivered to the Lender Parties pursuant to Section 3.01(a)(x) or 5.03 were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair in light of the conditions existing at the time of delivery of such forecasts, and represented, at the time of delivery, the Parent Guarantor’s best estimate of its future financial performance.

  • Forecast Customer shall provide Flextronics, on a monthly basis, a rolling twelve (12) month forecast indicating Customer’s monthly Product requirements. The first ninety (90) days of the forecast shall be in weekly time buckets and will constitute Customer’s written purchase order for all Work to be completed within the first ninety (90) day period. Such purchase orders will be issued in accordance with Section 3.2 below.

  • Rolling Forecast (i) On or before the fifteenth (15th) calendar day of each month during the Term (as defined in Section 6.1 herein), Buyer shall provide Seller with an updated eighteen (18) month forecast of the Products to be manufactured and supplied (each a “Forecast”) for the eighteen (18) month period beginning on the first day of the following calendar month. The first two months of each Forecast will restate the balance of the Firm Order period of the prior Forecast, and the first three (3) months of the Forecast shall constitute the new Firm Order period for which Buyer is obligated to purchase and take delivery of the forecasted Product, and the supply required for the last month of such new Firm Order period shall not be more than one (1) full Standard Manufacturing Batch from the quantity specified for such month in the previous Forecast (or Initial Forecast, as the case may be). Except as provided in Section 2.2(a), Purchase Orders setting forth Buyer’s monthly Product requirements will be issued for the last month of each Firm Order period no later than the fifteenth calendar day of the first month of each Firm Order period, and such Purchase Order will be in agreement with the Firm Order period of the Forecast. If a Purchase Order for any month is not submitted by such deadline, Buyer shall be deemed to have submitted a Purchase Order for such month for the amount of Product set forth in Buyer’s Forecast for such month.

  • Non-Reliance on Company Estimates, Projections, Forecasts, Forward-Looking Statements and Business Plans In connection with the due diligence investigation of the Company by Parent and Merger Subsidiary, Parent and Merger Subsidiary have received and may continue to receive from the Company certain estimates, projections, forecasts and other forward-looking information, as well as certain business plan information, regarding the Company and its business and operations. Parent and Merger Subsidiary hereby acknowledge that there are uncertainties inherent in attempting to make such estimates, projections, forecasts and other forward-looking statements, as well as in such business plans, with which Parent and Merger Subsidiary are familiar, that Parent and Merger Subsidiary are taking full responsibility for making their own evaluation of the adequacy and accuracy of all estimates, projections, forecasts and other forward-looking information, as well as such business plans, so furnished to them (including the reasonableness of the assumptions underlying such estimates, projections, forecasts, forward-looking information or business plans), and that Parent and Merger Subsidiary will have no claim, right or obligation under this Agreement or otherwise (including under Article 9) against the Company or any of its Subsidiaries, or any of their respective Representatives, or any other Person, with respect thereto. Accordingly, Parent and Merger Subsidiary hereby acknowledge that none of the Company nor any of its Subsidiaries, nor any of their respective Representatives, nor any other Person, has made or is making any representation or warranty with respect to such estimates, projections, forecasts, forward-looking statements or business plans (including the reasonableness of the assumptions underlying such estimates, projections, forecasts, forward-looking statements or business plans).

  • Forecasting Manager and Sprint PCS will work cooperatively to generate mutually acceptable forecasts of important business metrics including traffic volumes, handset sales, subscribers and Collected Revenues for the Sprint PCS Products and Services. The forecasts are for planning purposes only and do not constitute Manager's obligation to meet the quantities forecast.

  • Budgets Borrower shall have delivered, and Lender shall have approved, the Annual Budget for the current Fiscal Year.

  • Projections As of the Closing Date, to the best knowledge of Borrower, the assumptions set forth in the Projections are reasonable and consistent with each other and with all facts known to Borrower, and the Projections are reasonably based on such assumptions. Nothing in this Section 4.17 shall be construed as a representation or covenant that the Projections in fact will be achieved.

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