Subsequent Quantities Sample Clauses

Subsequent Quantities. For all quantities of CollaGenex Supplied Product shipped to URL/Mutual subsequent to the Initial Quantity, the price of the CollaGenex Supplied Product shall be determined as of the date that the relevant Firm Order is placed by URL/MUTUAL. The price and payment terms of all such shipments shall be calculated as follows: 1. Except as provided with respect to the Initial Quantity and in Section 3.1(b)(3), below, for all Firm Orders placed during the Calendar year 2004, the purchase price shall be [**]% of the average of COLLAGENEX's reported AMP [**] immediately preceding the date the Firm Order was placed, 2. Except as provided in Section 3.1(b)(3), below, for all Firm Orders placed during calendar year 2005 through the remainder of the Supply Term, the purchase price shall be [**]% of COLLAGENEX's reported AMP for [**] immediately preceding the date the Firm Order was placed. 3. Notwithstanding the foregoing provisions set forth in Sections 3.1(b)(1) and (2), in the event that COLLAGENEX's reported Wholesale Acquisition Cost ("WAC") for Periostat(R) 20 mg immediate release tablets decreases, then the price of URL/MUTUAL's purchases from the date of the WAC decrease back to [**] shall be reduced retroactively by the same percentage as the decline in reported WAC. Any such retroactive price adjustments, and any payments in respect of the Competitive Pricing Adjustment provisions set forth in Section 3.2, below, shall be taken by URL/MUTUAL in the first instance as setoff against amounts otherwise due and owing to COLLAGENEX in respect of the purchase of COLLAGENEX Supplied Product. In the event that such amounts due from COLLAGENEX to URL/MUTUAL exceed URL/MUTUAL's then-current financial obligations to COLLAGENEX, COLLAGENEX shall make the foregoing payments within [**] days of their being invoiced by URL/MUTUAL. In addition, if there is a Competitive Generic Entry, URL/MUTUAL shall, if requested by COLLAGENEX, accept delivery of all COLLAGENEX Supplied Product subject to Firm Orders which is already manufactured but not yet delivered, and shall purchase and accept delivery of all COLLAGENEX Supplied Product which is subject to non-cancellable orders placed with COLLAGENEX's manufacturers (provided, however, that COLLAGENEX shall use commercially reasonable efforts to try to cancel such orders) and up to [**] Supply of the available COLLAGENEX Safety Stock, in each case at a price equal to the lesser of (A) $[**] per bottle of 100 tablets or (B) $[**] less...
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Related to Subsequent Quantities

  • Contract Quantity The Contract Quantity during each Contract Year is the amount set forth in the applicable Contract Year in Section D of the Cover Sheet (“Delivery Term Contract Quantity Schedule”), which amount is inclusive of outages.

  • ESTIMATED QUANTITIES 1.1 The quantities set forth in the line items and specification document are approximate and represent the estimated requirements for the contract period. 1.2 Items listed may or may not be an inclusive requirements for this category. 1.3 Category items not listed, but distributed by bidder are to be referred to as kindred items. Kindred items shall receive the same percentage of discount or pricing structure as items listed in the specification document. 1.4 The unit prices and the extended total prices shall be used as a basis for the evaluation of bids. The actual quantity of materials necessary may be more or less than the estimates listed in the specification document, but the City/County shall be neither obligated nor limited to any specified amount. If possible, the Owners will restrict increases/decreases to 20% of the estimated quantities listed in the specification document.

  • Quantities The estimated quantities provided by the City are not guaranteed. These quantities are listed for informational purposes only. Quantities vary depending on the demands of the City. Any variations from the estimated quantities shall not entitle the bidder to an adjustment in the unit price or any additional compensation.

  • Contract Year A twelve (12) month period during the term of the Agreement commencing on the Effective Date and each anniversary thereof.

  • Subsequent Equity Sales If the Company or any Subsidiary thereof, as applicable, at any time while this Warrant is outstanding, shall sell or grant any option to purchase, or sell or grant any right to reprice, or otherwise dispose of or issue (or announce any offer, sale, grant or any option to purchase or other disposition) any Common Stock or Common Stock Equivalents, at an effective price per share less than the Exercise Price then in effect (such lower price, the “Base Share Price” and such issuances collectively, a “Dilutive Issuance”) (it being understood and agreed that if the holder of the Common Stock or Common Stock Equivalents so issued shall at any time, whether by operation of purchase price adjustments, reset provisions, floating conversion, exercise or exchange prices or otherwise, or due to warrants, options or rights per share which are issued in connection with such issuance, be entitled to receive shares of Common Stock at an effective price per share that is less than the Exercise Price, such issuance shall be deemed to have occurred for less than the Exercise Price on such date of the Dilutive Issuance at such effective price), then simultaneously with the consummation of each Dilutive Issuance the Exercise Price shall be reduced and only reduced to equal the Base Share Price and the number of Warrant Shares issuable hereunder shall be increased such that the aggregate Exercise Price payable hereunder, after taking into account the decrease in the Exercise Price, shall be equal to the aggregate Exercise Price prior to such adjustment. Such adjustment shall be made whenever such Common Stock or Common Stock Equivalents are issued. Notwithstanding the foregoing, no adjustments shall be made, paid or issued under this Section 3(b) in respect of an Exempt Issuance. The Company shall notify the Holder, in writing, no later than the Trading Day following the issuance or deemed issuance of any Common Stock or Common Stock Equivalents subject to this Section 3(b), indicating therein the applicable issuance price, or applicable reset price, exchange price, conversion price and other pricing terms (such notice, the “Dilutive Issuance Notice”). For purposes of clarification, whether or not the Company provides a Dilutive Issuance Notice pursuant to this Section 3(b), upon the occurrence of any Dilutive Issuance, the Holder is entitled to receive a number of Warrant Shares based upon the Base Share Price regardless of whether the Holder accurately refers to the Base Share Price in the Notice of Exercise. If the Company enters into a Variable Rate Transaction, despite the prohibition thereon in the Purchase Agreement, the Company shall be deemed to have issued Common Stock or Common Stock Equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercised

  • VARIATION IN QUANTITY The state assumes no liability for commodities produced, processed or shipped in excess of the amount specified herein.

  • Project Specific Milestones In addition to the milestones stated in Section 212.5 of the Tariff, as applicable, during the term of this ISA, Interconnection Customer shall ensure that it meets each of the following development milestones: 6.1 Substantial Site work completed. On or before December 31, 2020 Interconnection Customer must demonstrate completion of at least 20% of project site construction. At this time, Interconnection Customer must submit to Interconnected Transmission Owner and Transmission Provider initial drawings, certified by a professional engineer, of the Customer Interconnection Facilities. 6.2 Delivery of major electrical equipment. On or before December 31, 2021, Interconnection Customer must demonstrate that all generating units have been delivered to Interconnection Customer’s project site.

  • ESTIMATED / SPECIFIC QUANTITY CONTRACTS Estimated quantity contracts, also referred to as indefinite delivery / indefinite quantity contracts, are expressly agreed and understood to be made for only the quantities, if any, actually ordered during the Contract term. No guarantee of any quantity is implied or given. With respect to any specific quantity stated in the contract, the Commissioner reserves the right after award to order up to 20% more or less (rounded to the next highest whole number) than the specific quantities called for in the Contract. Notwithstanding the foregoing, the Commissioner may purchase greater or lesser percentages of Contract quantities should the Commissioner and Contractor so agree. Such agreement may include an equitable price adjustment.

  • Delivery Point The delivery point is the point of delivery of the Power Product to the CAISO Controlled Grid (the “Delivery Point”). Seller shall provide and convey to Buyer the Power Product from the Generating Facility at the Delivery Point. Title to and risk of loss related to the Power Product transfer from Seller to Buyer at the Delivery Point.

  • Subsequent Recalculation In the event the Internal Revenue Service adjusts the computation of the Company under Section 5.2 herein so that the Executive did not receive the greatest net benefit, the Company shall reimburse the Executive for the full amount necessary to make the Executive whole, plus a market rate of interest, as determined by the Committee, within 30 days after such adjustment.

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