Target Yield Sample Clauses

Target Yield. The Batch Fee is based upon Duramed achieving a certain number of bottles (or blisters) of Product per Batch (the "Target Yield"). Within ten (10) days after the end of each Contract Quarter, Duramed shall provide Warner with a report showing the actual number of bottles (or blisters) of Product produced in each Batch accepted by Warner during such Contract Quarter. If the mean yield for all such Batches (the "Mean Yield") is less than the Target Yield, Duramed shall credit Warner with an amount equal to the product of (a) Warner's actual cost of Raw Materials, Packaging Components and Labels utilized in such Batch multiplied by (b) the difference between the Target Yield and the Mean Yield multiplied by (c) the number of Batches accepted by Warner during such Contract Quarter. The Target Yield shall initially be set at the Mean Yield achieved in the first twenty (20) successful Batches of the Product and shall be reset at the beginning of each Contract Year to the Mean Yield achieved in all Batches accepted by Warner during the preceding Contract Year. In addition, the Target Yield may be revised by mutual agreement of the parties in writing whenever significant changes are made to the Manufacturing process. Duramed shall use its best efforts to achieve the highest practical yield on all Batches.
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Target Yield. The Parties will mutually agree upon a target yield (the “Target Yield”) for the manufacture of each Product on a Product by Product basis, and set forth this Target Yield and a Target Yield minimum on the applicable Product Addendum. Thereafter, Patheon will strive to maintain Actual Annual Yield levels for each Product above the applicable Target Yield. After [ * ] Product have been manufactured, the Parties will review the Target Yield for such Product on an annual basis and will discuss in good faith any adjustment to the Target Yields to reflect actual manufacturing experience including improvements in the Actual Annual Yield.
Target Yield. For each batch size of Product, after Halo has produced [*****] (collectively, the “Target Yield Determination Batches”) pursuant to this Agreement, Halo and Client will agree on the target yield for the API and PEO used in such Product at the Manufacturing Site for such batch size (each, a “Target Yield”); provided, that the Target Yield Determination Batches shall not include any batches that were produced in production runs involving technical difficulties or involving an extraordinary loss of API or PEO, as agreed by both Halo and Client.
Target Yield. 2.3.1 Within 30 days after the end of each Year, starting from the end of Year 2008, Patheon shall provide the Client with a yearly inventory report and reconciliation of the API held by Patheon, which shall contain the following information for any Year: Quantity Received: The total quantity of API received at the Facility during the applicable Year that passes Patheon’s inspection described in Section 2.2(a).
Target Yield. As of the Effective Date, the target yield of Active Material used in the Products at the Manufacturing Site shall be at least [***] (the “Target Yield”). The Target Yield shall be reviewed after Halo has produced a minimum of ten (10) commercial production batches of Products at the Manufacturing Site pursuant to this Agreement (“Target Yield Determination Batches”), after which the parties may agree to adjust the Target Yield for the Active Material used in Products at the Manufacturing Site upon mutual written agreement; provided, that the Target Yield Determination Batches shall not include any batches that were Halo Pharma • Confidential Confidential Information indicated by [***] has been omitted from this filing and filed separately with the Securities Exchange Commission. produced in production runs involving technical difficulties or involving an extraordinary loss of Active Material, as agreed by both parties.
Target Yield. As of the Effective Date, the target yield of Active Material used in the Products at the Manufacturing Site shall be at least [***] (the “Target Yield”). The Target Yield shall be reviewed after AAA has produced a minimum of ten (10) commercial production batches of Products at the Manufacturing Site pursuant to this Agreement (“Target Yield Determination Batches”), after which the parties may agree to adjust the Target Yield for the Active Material used in Products at the Manufacturing Site upon mutual written agreement; provided, that the Target Yield Determination Batches shall not include any batches that were produced in production runs involving technical difficulties or involving an extraordinary loss of Active Material, as agreed by both parties. (c)

Related to Target Yield

  • Annual Percentage Rate Each Receivable has an APR of not more than 25.00%.

  • 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.

  • Adjusted Leverage Ratio The Borrower shall not permit the Adjusted Leverage Ratio as at the end of any Fiscal Quarter to be greater than the following for the respective periods set forth below: Period Adjusted Leverage Ratio Closing Date to and including March 27, 2004 3.75:1.00 March 28, 2004 to and including June 26, 2004 4.75:1.00 June 27, 2004 to and including July 2, 2005 5.60:1:00 July 3, 2005 and any time thereafter 5.25:1.00

  • Maximum Total Leverage Ratio Permit the Total Leverage Ratio as of the last day of any fiscal quarter, commencing with the fiscal quarter ending September 30, 2017, to exceed the ratio set forth below with respect to such fiscal quarter: Fiscal Quarter Maximum Total Leverage Ratio Fiscal quarter ending September 30, 2017 5.50 to 1.00 Fiscal quarter ending December 31, 2017 4.50 to 1.00 Fiscal quarter ending March 31, 2018 4.50 to 1.00 Fiscal quarters ending June 30, 2018 and thereafter 3.00 to 1.00

  • Maximum Leverage Ratio As of the last day of each fiscal quarter, the Borrower shall not permit the ratio (the "Leverage Ratio") of (i) Consolidated Funded Indebtedness to (ii) EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four consecutive fiscal quarters ending on such day, to be greater than (i) 2.00 to 1.00.

  • Applicable Margins The ABR Applicable Margin and the LIBOR Applicable Margin to be used in calculating the interest rate applicable to different Types of Advances shall vary from time to time in accordance with the long-term unsecured debt ratings from Xxxxx’x, and Fitch of the General Partner and the Borrower. In the event the General Partner and the Borrower have different ratings, the rating of the higher rated entity shall be used. In the event the rating agencies are split on the rating for the higher rated entity, the lower rating for such entity shall be deemed to be the applicable rating (e.g., if the higher rated entity’s Xxxxx’x debt rating is Baa1, and its Fitch’s rating is BBB, then the Applicable Margins shall be computed based on the Fitch rating), and the Applicable Margins shall be adjusted effective on the next Business Day following any change in the higher rated entity’s Xxxxx’x debt rating, and/or Fitch’s debt rating, as the case may be. The applicable debt ratings and the Applicable Margins are set forth in the table attached as Exhibit A. In the event that Fitch or Xxxxx’x shall discontinue their ratings of the REIT industry, the General Partner or the Borrower, a mutually agreeable substitute rating agency (or two mutually agreeable substitute agencies if both existing rating agencies discontinue such ratings) shall be selected by the Required Lenders and the Borrower. If the Required Lenders and the Borrower cannot agree on a substitute rating agency or substitute rating agencies within thirty (30) days after such discontinuance, or if Fitch and Xxxxx’x shall discontinue their ratings of the REIT industry, the Borrower, or the General Partner, the Applicable Margin to be used for the calculation of interest on Advances hereunder shall be the highest Applicable Margin for each Type. If a rating agency downgrade or discontinuance results in an increase in the ABR Applicable Margin, the LIBOR Applicable Margin, or Facility Fee Rate and if such downgrade or discontinuance is reversed and the affected Applicable Margin is restored within ninety (90) days thereafter, at the Borrower’s request, the Borrower shall receive a credit against interest next due the Lenders equal to interest accrued from time to time during such period of downgrade or discontinuance and actually paid by the Borrower on the Advances at the differential between such Applicable Margins, and the differential of the Facility Fee paid during such period of downgrade. If a rating agency upgrade results in a decrease in the ABR Applicable Margin, LIBOR Applicable Margin or Facility Fee Rate and if such upgrade is reversed and the affected Applicable Margin is restored within ninety (90) days thereafter, Borrower shall be required to pay an amount to the Lenders equal to the interest differential on the Advances and the differential on the Facility Fees during such period of upgrade.

  • Adjustments to Required Subordinated Percentages (a) On any date, the Issuer may change the Required Subordinated Percentage of Class B Notes or the Required Subordinated Percentage of Class C Notes, in each case for the Class A(2019-2) Notes, without the consent of any Noteholders or any Note Rating Agencies, provided that, after giving effect to such change (x) the sum of the Required Subordinated Percentage of Class B Notes and the Required Subordinated Percentage of Class C Notes, in each case, for the Class A(2019-2) Notes after giving effect to such change is equal to or greater than the sum of the Required Subordinated Percentage of Class B Notes and the Required Subordinated Percentage of Class C Notes, in each case, for the Class A(2019-2) Notes immediately prior to giving effect to such change and (y) the Required Subordinated Amount of Class B Notes for the Class A(2019-2) Notes does not exceed the Maximum Subordination Amount of Class B Notes.

  • Total Net Leverage Ratio The Borrower will not permit the Total Net Leverage Ratio as of the end of any Fiscal Quarter to exceed 3.50 to 1.00.

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