Sales Volume. If the actual volume of sales by Distributor falls at least ten percent (10%) under Distributor’s Forecast for such period, Mirion may, in its sole discretion, terminate Distributor’s exclusivity and may instead grant non-exclusive rights for the Products to Distributor for what was previously its Exclusive Territory, or this Agreement. Waiver of, or failure to enforce, this Section 7.2 in any given year will not constitute waiver of Xxxxxx’s rights in other years.
Sales Volume. Except as otherwise agreed by Xxxxx, the maximum Outstanding Purchase Price - Base Receivables shall not exceed $50,000,000 and the maximum Outstanding Purchase Price - DLA Receivables shall not exceed $50,000,000. Seller agrees to offer for sale to Xxxxx sufficient volumes of Eligible Receivables in order for Xxxxx to hold an average quarterly balance of the Outstanding Purchase Price of Purchased Base Receivables of $40,000,000 or greater. For each quarter during the initial term of this Agreement, and each quarter thereafter to the extent that the term of this Agreement is extended pursuant to Section 7.1 hereof (for the avoidance of doubt, to include the remaining term of this Agreement as extended regardless of the termination of this Agreement by Seller upon notice pursuant to Section 7.2, or by Xxxxx upon the occurrence of a Termination Event, but not including any quarters after the quarter in which Xxxxx may terminate this Agreement solely upon notice under Section 7.2), if the average quarterly balance of the Purchased Base Receivables is less than $40,000,000, then Seller agrees to pay to Xxxxx a maintenance fee. The maintenance fee shall equal (a) 0.50% multiplied by (b) $40,000,000 minus the sum of (i) the amount of the average Outstanding Purchase Price - Base Receivables for such quarterly period, plus (ii) the difference (if positive) between $40,000,000 and the average amount of the Purchase Limits in effect for such quarterly period, plus (iii) 90% of the aggregate Net Invoice Amount of Base Receivables constituting Eligible Receivables offered for purchase by Seller during such quarterly period that were not purchased by Xxxxx (the “Quarterly Maintenance Fee”). The Quarterly Maintenance Fee may be deducted from the Purchase Price for Purchased Receivables as a component of the first weekly settlement process set forth in Section 6.2(a) to occur following the end of a calendar quarter (or shall otherwise be paid in cash by Seller on the first Business Day following the end of a calendar quarter).”
Sales Volume. If requested, Contractor must document its ability to service a Contract with sales volume similar to the scope of this Contract. Proof of sales history may be requested and must be provided within five (5) business days of request or such other period specified by Procurement Services. Proof of sales history may be presented as invoices issued within the past three (3) years that show the name of the ordering entity, Contractor name, product ordered and invoice amount.
Sales Volume. During the term of this Agreement, DISTRIBUTOR shall use its best efforts to maximise the sales volume of the Product in the Territory, and will provide each month a rolling 3 month forecast to Sunway.
Sales Volume. If the actual volume of sales by Agent falls at least ten percent (10%) under Agent’s Forecast for such period, Mirion may, in its sole discretion, terminate Agent’s exclusivity and may instead grant non-exclusive rights for the Products to Agent for what was previously its Exclusive Territory or this Agreement. Waiver of, or failure to enforce, this Section 7.2 in any given year will not constitute waiver of Xxxxxx’s rights in other years.
Sales Volume. Auxilium shall use Commercially Reasonable Efforts to ensure that the average monthly sales volume of each Product leading up to the effective date of termination does not substantially exceed the average monthly sales volume of such Product for the *** period prior to date of the notice of termination, and in any event Auxilium shall not take any affirmative action to cause such outcome.
Sales Volume. Licensee shall use Commercially Reasonable Efforts to ensure that the average monthly sales volume of each Product leading up to the effective date of termination does not substantially exceed the average monthly sales volume of such Product for the *** period prior to date of the notice of termination, and in any event Licensee shall not take any affirmative action to cause such outcome.
Sales Volume. The Parent and the Borrower will not permit, as of the last day of any period set forth below the sales of Coal volume from the Coal Properties to be less than the amount set forth opposite such period. PRODUCTION PERIOD (TONS) ------------------------------------------------------------- ----------- Three month period ending March 31, 2005 203,697 Six month period ending June 30, 2005 270,725 Nine month period ending September 30, 2005 359,975 Four consecutive quarters ending December 31, 2005 364,225 Four consecutive quarters ending March 31, 2006 355,725 Four consecutive quarters ending June 30, 2006 and thereafter 355,725
Sales Volume. Distributor shall maintain such minimum Product sales volume as set forth in the Business Plan.
Sales Volume. Each Product/Service is assigned a point value and the Compensation Plan is based on the accumulation of these points.
