Sales Threshold Sample Clauses

Sales Threshold. In each calendar year of the Agreement beginning in the second year after the first marketing of a Product for a particular indication, Licensee will be required to reach a yearly minimum sales level for each indication for which a Product is marketed in the United States as set forth below: MINIMUM SALES DURING PATENT INDICATION PERIOD ---------- ------------- Emotional Lability $*** Neuropathic Pain $*** If Licensee Chooses To Develop and Market Chronic Cough $*** Dermatitis $*** Weaning From Narcotics $*** Licensee will be required to reach ***% of the yearly minimum sales level beginning in the second year after first marketing of a Product for a particular indication. Licensee will be required to reach ***% of the yearly minimum sales level beginning in the third year after first marketing of a Product for a particular indication and for each year thereafter until termination of the agreement. The minimum sales levels for each indication for which a product is marketed are described in the table above. Any excess sales for an indication or indications will be applied to any deficit sales for any other indication or indications in any same year.
Sample 1
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Sales Threshold. InterMune is being engaged by Xxxxxx to provide reach into the community of pulmonologist physicians with the expectation that InterMune’s regular detailing of these physicians, as described herein, will result in the achievement of certain sales targets for Aralast. Xxxxxx will track Aralast sales on a quarterly basis relative to these sales targets so that the impact of applying InterMune’s sales force reach can be measured against expectations. If one of the following occurs:
Sample 1
Sales Threshold. Though the parties acknowledge and agree that the Employee is not subject to any specific sales requirements or quotas, it is the hope of the parties that the sales by the Corporation's telemarketing operations will average approximately Two Hundred Twenty-five Dollars ($225.00) per telemarketer per day. During any calendar quarter during the term of this Agreement, if the daily sales average for such quarter are less than One Hundred Twelve and 50/100 Dollars ($112.50) per telemarketer per day, the Employee shall not be entitled to a bonus stock incentive for such quarter, nor shall the Employee be entitled to any warrants for such quarter. Also in the event average daily sales are less than One Hundred Twelve and 50/100 Dollars ($112.50) per telemarketer per day for any quarter, the Corporation may then issue written notice to the Employee that in the event average daily sales for the quarter immediately following are also less than One Hundred Twelve and 50/100 Dollars ($112.50) per telemarketer per day, this Agreement may be terminated by the Corporation with cause.
Sample 1

Related to Sales Threshold

  • Minimum Sales 4.1 The minimum volume of sales of the Products that CSR commits to use its best efforts to achieve in the Territory on an annual basis in the first Agreement Year is 60,000 gallons (avg. 5,000 gallons per month). RCAI will review the annual volumes of sales of the Products prior to the beginning of any successive term during which this Agreement may continue and RCAI may change and adjust such minimums as it, in its sole judgment, sees fit.

  • Adjustment of Minimum Quarterly Distribution and Target Distribution Levels (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution.

  • Threshold Neither the Sellers nor the Purchasers shall be required to make any indemnification payment pursuant to Section 8.1 or 8.2, respectively, until such time as the total amount of all Damages that have been directly or indirectly suffered or incurred by an Indemnified Party, or to which an Indemnified Party has or otherwise becomes subject to, exceeds $50,000 in the aggregate. At such time as the total amount of such Damages exceeds $50,000 in the aggregate, the Indemnified Party shall be entitled to be indemnified against the full amount of such Damages (and not merely the portion of such Damages exceeding $50,000).

  • Maximum Leverage Permit, as of any fiscal quarter end, the ratio of (a) Adjusted Portfolio Equity as of such fiscal quarter end to (b) Funded Debt as of such fiscal quarter end, to be less than 5.00 to 1.00.

  • Sales Milestones As to each of the sales milestone events set forth below, GSK shall pay EPIZYME the non-refundable, non-creditable sales milestone payments indicated below upon the first achievement by GSK, its Affiliates or Sublicensees of the success milestone events set forth below with respect to each Selected Target, on a Selected Target-by-Selected Target basis. Sales Milestone Event (For Licensed Products directed to a Selected Target) Milestone Payment (in $ [**]) First Calendar Year in which aggregate world-wide Net Sales of Licensed Product(s) directed to such Selected Target are greater than or equal to $[**] [** ] First Calendar Year in which aggregate world-wide Net Sales of Licensed Product(s) directed to such Selected Target are greater than or equal to $[**] [** ] First Calendar Year in which aggregate world-wide Net Sales of Licensed Product(s) directed to such Selected Target are greater than or equal to $[**] [** ] Upon achievement by or on behalf of GSK, its Affiliates or Sublicensees of a sales milestone event set forth in this Section 6.7, GSK shall promptly (but in no event later than the date on which the royalty report for the Calendar Quarter in which such achievement occurs is due pursuant to Section 6.10.1) notify EPIZYME of such achievement, and GSK shall pay EPIZYME the corresponding sales milestone payment within [**] days after receipt of an invoice for the milestone payment from EPIZYME. Such invoice shall be sent to GSK’s Alliance Manager and [**] with a copy to [**] (or such other email address(es) as may be notified to EPIZYME by GSK). For the avoidance of doubt, more than one of the foregoing sales milestone payments may be earned and become payable with respect to Licensed Products directed to any given Selected Target in the same Calendar Year based on aggregate world-wide Net Sales of Licensed Product(s) directed to such Selected Target during such Calendar Year.

  • Minimum Cash A. Minimum daily balance of cash and Permitted Cash Equivalent Investments of Borrower and its Subsidiaries during the most recently ended fiscal quarter of Borrower: $

  • Maximum Annual Operating Expense Limit The Maximum Annual Operating Expense Limit with respect to each Fund shall be the amount specified in Schedule A based on a percentage of the average daily net assets of each Fund.

  • Minimum Investment Subject to certain individual state requirements and except for shares issued pursuant to the DRIP, Shares may be sold only to investors who initially purchase a minimum of $5,000, subject to certain state requirements as described in the Prospectus. With respect to Selected Broker-Dealer’s participation in any resales or transfers of the Shares, Selected Broker-Dealer agrees to comply with any applicable requirements set forth in Section 2 and to fulfill the obligations pursuant to FINRA Rule 2310.

  • Minimum Cash Balance Licensee shall fund the Facility Checking Account --------------------- with an initial amount equal to $25,000.00 and thereafter Licensee shall provide the working capital required by Section I(H) of this Agreement

  • Minimum Revenue Borrower and its Subsidiaries shall have annual Revenue from sales of the Product (for each respective calendar year, the “Minimum Required Revenue”):

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