Yield Requirement Sample Clauses

Yield Requirement. Following the Production of (a) the [***] ([***]) process validation Batches of each Presentation of Product and (b) the initial [***] ([***]) post-process validation Batches of each Presentation of Product (the “Yield Batches”) the parties will determine the expected yield (“EY”) for each Presentation of Product, which EY shall be equal to the [***] by Presentation resulting from the Yield Batches less [***]. If there is a manufacturing anomaly in one or more of the Yield Batches, the parties may agree to eliminate such Batch from the EY calculation or may require an additional Batch be included. In the event Baxter fails to meet such EY on average for Batches Produced in the first quarter after which EY was determined, provided such Presentation of Product was Produced in such quarter, BAXTER will deliver on average during any calendar quarter thereafter not less than such mutually agreed upon EY for each Presentation of Product for all Batches Released during such quarter, provided a minimum of [***] ([***]) such Batches have been Released for each Presentation, including all Units Released by BAXTER, samples consumed by BAXTER for release testing, samples shipped for AMYLIN release and stability testing, and any retention samples. If [***] ([***]) Batches of each Presentation of Product were not Released in such calendar quarter, the reconciliation process described herein will be performed when the [***] ([***]) such Batch, following the most recent reconciliation, is Released and invoiced by BAXTER. In the event that BAXTER delivers, on average, an actual yield (“AY”) for Batches Released in any calendar quarter which is lower than EY set out above, at the end of such calendar quarter, Baxter will reimburse AMYLIN according to the following formula: [***]; provided, however, such amount shall not exceed [***] percent ([***]%) of the Purchase Price of such Presentation of Product purchased by AMYLIN in such calendar quarter, or applicable time period. If the actual yield is low due to additional sampling, testing, technical transfer, stability, or AMYLIN requested samples for a given Batch, such Batch will not be included in the quarterly calculation and BAXTER will not reimburse AMYLIN for such deficit. The * Confidential Treatment Request(ed) foregoing represents the sole liability of BAXTER and the sole and exclusive remedy of AMYLIN for yield shortfall.
Sample 1
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Yield Requirement. MELCO shall not ship Wafer Lots with a Yield ----------------- rate lower than [*] for the DRAM Memory Module unless the parties agree otherwise in writing. MELCO's shipments of Wafers in any calendar quarter may vary in quantity within the range of a Wafer Lot.
Sample 1

Related to Yield Requirement

  • Minimum Requirements With respect to the Notes, the Issuers shall not have any obligations with respect to any underwriters or underwritten offering except a single underwritten offering of $270 million or more of Registrable Securities.

  • Reporting Requirement As to any defaulted Mortgage Loan, the Servicer must account to, and report in writing to, the Master Servicer as to any Realized Loss (or gain) upon the Liquidation or Deficient Valuation in respect of such Mortgage Loan.

  • Rule 144 Requirements After the earliest of (i) the closing of the sale of securities of the Company pursuant to a Registration Statement, (ii) the registration by the Company of a class of securities under Section 12 of the Exchange Act, or (iii) the issuance by the Company of an offering circular pursuant to Regulation A under the Securities Act, the Company agrees to:

  • Amortization Requirement The amortization of each Mortgage Loan must reduce to zero, or as to Balloon Loans, the respective Balloon Amount, at the end of the Mortgage Loan term through the application of regular monthly payments. Capitalization of interest is not permitted, except as provided by the terms of any Mortgage Loan that provides for negative amortization.

  • Notification Requirement Through and up to the conclusion of the Non-Competition Period, Executive shall give notice to the Company of each new business activity he plans to undertake, at least seven (7) days prior to beginning any such activity. Such notice shall state the name and address of the Person for whom such activity is undertaken and the nature of Executive’s business relationship(s) and position(s) with such Person.

  • Distribution Requirements Subject to the Alternative Election or Spouse Beneficiary provisions below,

  • Relief Requirement Prior to granting relief with respect to a delinquent Mortgage Loan as herein provided, the Servicer shall ascertain that (i) the reasons for the default and (ii) the attitude and circumstances of such Borrower justify the relief to be granted.

  • Funding Requirements In addition to the conditions precedent stated elsewhere herein, the Lenders shall not be obligated to make Revolving Loans and the L/C Issuers shall not be obligated to issue Letters of Credit unless:

  • FINRA Requirements (A) You represent that you are a member in good standing of FINRA, or a non-U.S. bank, broker, dealer, or institution not eligible for membership in FINRA or a Bank.

  • Business Day Requirements In the event that any notice or other action or omission is required to be taken by a Party under this Agreement on a day that is not a Business Day then such notice or other action or omission shall be deemed to be required to be taken on the next occurring Business Day.

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