Sales of Heavy Duty XXX Trucks Sample Clauses

Sales of Heavy Duty XXX Trucks. 2.3.8.1 Subject to the terms set forth in this Section 2.3.8, Navistar may at anytime require the Company to develop, design, test, manufacture, and assemble Heavy Duty XXX Trucks and replacement parts therefor for, and sell to, Navistar for re-sale in North America. In such event, subject to the terms set forth in this Section 2.3.8, Caterpillar may at anytime thereafter require the Company to develop, design, test, manufacture, and assemble Vocational Heavy Duty XXX Trucks and replacement parts therefor for, and sell to, Caterpillar for re-sale in North America; provided, however, that such Vocational Heavy Duty XXX Trucks must be appropriately brand differentiated from the Heavy Duty XXX Trucks being sold by Navistar in North America. Notwithstanding the foregoing, (i) upon Board approval with Majority Consent or (ii) in the event that the market share of Vocational Heavy Duty XXX Trucks (but only with respect to the high cab over engine segment) is equal to or greater than ten percent (10%) of the total market share of Vocational Heavy Duty Trucks in North America (as determined using independent third party market share data), subject to the terms set forth in this Section 2.3.8, Caterpillar may at anytime thereafter require the Company to develop, design, test, manufacture, and assemble Vocational Heavy Duty XXX Trucks and replacement parts therefor for, and sell to, Caterpillar for re-sale in North America; provided, however, that such Vocational Heavy Duty XXX Trucks must be appropriately brand differentiated from any Heavy Duty XXX Trucks being sold by Navistar in North America. Notwithstanding anything to the contrary in this Agreement, Caterpillar and its Affiliates shall not sell any Vocational Heavy Duty XXX Truck to military customers (including sales through sales and resale agents, procurement agents, prime contractors, and subcontractors where such sales are for use exclusively by military customers) anywhere in the world.
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Related to Sales of Heavy Duty XXX Trucks

  • Payment of Sales, Use or Similar Taxes All sales, use, transfer, intangible, recordation, documentary stamp or similar Taxes or charges, of any nature whatsoever, applicable to, or resulting from, the transactions contemplated by this Agreement shall be borne by the Sellers.

  • Nxxxx X Xxxxxxx is hereby designated as the Chief Executive Officer and Chief Financial Officer and Jxxx Xxxxxxxxx is designated the General Counsel and Secretary of the Company, each to serve in such capacity until his earlier death, resignation or removal from office.

  • Royalties on Net Sales Novo will pay to Neose royalties as a percentage of annual Net Sales of each New Product during the Term at the applicable rates set forth in this Section 4.1 and in accordance with this Section 4:

  • Use of Seller’s Share of Collections The Seller shall apply the Seller’s Share of Collections to make payments in the following order of priority: (i) the payment of its expenses (including all obligations payable to the Purchasers, the Purchaser Agents and the Administrator under this Agreement and under the Purchaser Group Fee Letters), (ii) the payment of accrued and unpaid interest on the Company Note and (iii) other legal and valid corporate purposes.

  • /s/ Xxxxx X Xxxx ------------------ ..................

  • Combination Products If a LICENSED PRODUCT is sold to any third party in combination with other products, devices, components or materials that are capable of being sold separately and are not subject to royalties hereunder (“OTHER PRODUCTS,” with the combination of products being referred to as “COMBINATION PRODUCTS” and the Other Product and Licensed Product in such Combination Product being referred to as the “COMPONENTS”), the NET SALES of such LICENSED PRODUCT included in such COMBINATION PRODUCT shall be calculated by multiplying the NET SALES of the COMBINATION PRODUCT by the fraction A/(A+B), where A is the average NET SALES price of such LICENSED PRODUCT in the relevant country, as sold separately, and B is the total average NET SALES price of all OTHER PRODUCTS in the COMBINATION PRODUCT in the relevant country, as sold separately. If, in any country, any COMPONENT is not sold separately, NET SALES for royalty determination shall be determined by the formula [C / (C+D)], where C is the aggregate average fully absorbed cost of the Licensed Product components during the prior Royalty Period and D is the aggregate average fully absorbed cost of the other essential functional components during the prior Royalty Period, with such costs being determined in accordance with generally accepted accounting principles. To the extent that any SUBLICENSE INCOME relates to a COMBINATION PRODUCT or is otherwise calculated based on the value of one or more licenses or intellectual property rights held by the COMPANY, an AFFILIATE or SUBLICENSEE, COMPANY shall determine in good faith and report to THE PARTIES the share of such payments reasonably attributable to COMPANY’s or such AFFILIATE’s sublicense of the rights granted hereunder, based upon their relative importance and proprietary protection, which portion shall be the SUBLICENSE INCOME. THE PARTIES shall have the right to dispute such sharing determination in accordance with the dispute provisions of the AGREEMENT.

  • Sublicense Income Company shall pay Medical School {***} of all Sublicense Income. Such amounts shall be due and payable within sixty (60) days after Company receives the relevant payment from the Sublicensee.

  • Net Sales The term “

  • /s/ Xxxxxx X Xxxxx ------------------- ..................

  • Sublicense Revenue In the event Licensee or an Affiliate of Licensee sublicenses under Section 2.2, Licensee shall pay CareFusion **THE CONFIDENTIAL PORTION HAS BEEN SO OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT AND HAS BEEN FILED SEPARATELY WITH THE COMMISSION.** of any Sublicense Revenues resulting from sublicense agreements executed by Licensee.

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