Shortfall Calculation. If the Actual Annual Yield falls more than [***]% below the respective Target Yield in a Year, then the shortfall for the Year (the "Shortfall") will be calculated as follows: [***]
Appears in 3 contracts
Samples: Master Manufacturing Services Agreement (Horizon Therapeutics Public LTD Co), Master Manufacturing Services Agreement (Indivior PLC), Master Manufacturing Services Agreement (Indivior PLC)
Shortfall Calculation. If the Actual Annual Yield falls more than [***]% ] below the respective Target Yield in a Year, then the shortfall for the Year (the "“Shortfall"”) will be calculated as follows: Shortfall = [(Target Yield - [***]) - AAY] * Active Materials Credit Value * Quantity Dispensed
Appears in 3 contracts
Samples: Master Manufacturing Services Agreement (Osmotica Pharmaceuticals PLC), Master Manufacturing Services Agreement (Osmotica Pharmaceuticals LTD), Master Manufacturing Services Agreement (Osmotica Pharmaceuticals LTD)
Shortfall Calculation. If the Actual Annual Yield falls more than [***]3.5% below the respective Target Yield in a Year, then the shortfall for the Year (the "“Shortfall"”) will be calculated as follows: Shortfall = [***](Target Yield – 3.5%) – AAY] * Active Materials Credit Value * Quantity Dispensed
Appears in 2 contracts
Samples: Manufacturing Services Agreement (Acelrx Pharmaceuticals Inc), Manufacturing Services Agreement (Acelrx Pharmaceuticals Inc)
Shortfall Calculation. If the Actual Annual Yield falls more than […***…]% below the respective Target Yield in a Year, then the shortfall for the Year (the "Shortfall") will be calculated as follows: Shortfall = [(Target Yield – […***…]%) – AAY] * Active Materials Credit Value * Quantity Dispensed
Appears in 2 contracts
Samples: Master Manufacturing Services Agreement (Acadia Pharmaceuticals Inc), Master Manufacturing Services Agreement (Acadia Pharmaceuticals Inc)
Shortfall Calculation. If the Actual Annual Yield falls more than [***]% five percent below the respective Target Yield in a Year, then the shortfall for the Year (the "“Shortfall"”) will be calculated as follows: Shortfall = [(Target Yield – [***]%) – AAY] * Active Materials Credit Value * Quantity Dispensed
Appears in 2 contracts
Samples: Manufacturing Services Agreement (Santarus Inc), Manufacturing Services Agreement (Santarus Inc)
Shortfall Calculation. If the Actual Annual Yield falls more than […***…]% below the respective Target Yield in a Year, then the shortfall for the Year (the "“Shortfall"”) will be calculated as follows: Shortfall = [(Target Yield – […***…]%) – AAY] * Active Materials Credit Value * Quantity Dispensed
Appears in 2 contracts
Samples: Master Manufacturing Services Agreement (Neurocrine Biosciences Inc), Master Manufacturing Services Agreement (Acadia Pharmaceuticals Inc)
Shortfall Calculation. If the Actual Annual Yield falls more than [***]% below the respective applicable Target Yield for a Product in a Year, then the shortfall for the Year (the "“Shortfall"”) will be calculated as follows: Shortfall =[(Target Yield — [***]%) — AAY] * Active Materials Credit Value * Quantity Dispensed
Appears in 2 contracts
Samples: Master Manufacturing Services Agreement (Jaguar Animal Health, Inc.), Master Manufacturing Services Agreement (Jaguar Animal Health, Inc.)
Shortfall Calculation. If the Actual Annual Yield (“AAY”) falls more than [***]% ] percent below the respective Target Yield in a Year, then the shortfall for the Year (the "“Shortfall"”) will be calculated as follows: Shortfall = [(Target Yield – [***]] * API Credit Value * Quantity Dispensed
Appears in 1 contract
Samples: Commercial Manufacturing Services Agreement (Clinical Data Inc)
Shortfall Calculation. If the Actual Annual Yield falls more than [***]% five percent (5%) below the respective Target Yield in a Year, then the shortfall for the Year (the "“Shortfall"”) will be calculated as follows: Shortfall = [***](Target Yield — 5%) — AAY] * Active Materials Credit Value * Quantity Dispensed
Appears in 1 contract
Samples: Master Manufacturing Services Agreement (Avadel Pharmaceuticals PLC)
Shortfall Calculation. If the Actual Annual Yield falls more than [***]5% below the respective Target Yield in a Year, then the shortfall for the Year (the "“Shortfall"”) will be calculated as follows: Shortfall = [***](Target Yield – 5%) – AAY] * Active Materials Credit Value * Quantity Dispensed
Appears in 1 contract
Samples: Master Manufacturing Services Agreement (Melinta Therapeutics, Inc. /New/)
