API Credit Value definition
Examples of API Credit Value in a sentence
If the Actual Annual Yield falls below the respective Target Yield in a Year, then the shortfall for such Year (the “Shortfall”) shall be determined based on the following calculation: [(Target Yield – AAY] * API Credit Value * Quantity Dispensed ***Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission.
The API Credit Value will be the lesser of (i) ** per kilogram and (ii) Supernus’ average ** of the API for the preceding Year.
If the Actual Annual Yield falls below [***] (the “Target Yield”) in a Year, then the shortfall for such Year (the “Shortfall”) shall be determined based on the following calculation: [Target Yield — AAY] * API Credit Value * Quantity Dispensed (in kilograms) The Shortfall shall be disclosed by Patheon on a reconciliation report prepared in the form annexed hereto as Schedule G.
Halo’s maximum aggregate liability for loss or damage to all API under this Agreement, including Sections 2.1(b)(i), 2.3(e), 6.3(a) and 6.3(c), shall not exceed the Maximum API Credit Value in any given Year.
If the Actual Annual Yield falls below the respective Target Yield in a Year, then the shortfall for such Year (the “Shortfall”) shall be determined based on the following calculation: [(Target Yield – AAY] * API Credit Value * Quantity Dispensed * * * Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission.
If there is a Shortfall for any API or PEO for a given Year, Halo shall credit Client’s account for the amount of such Shortfall within [*****] after the end of such Year, up to a maximum aggregate credit amount equal to the Maximum API Credit Value in respect of API and the Maximum PEO Credit Value in respect of PEO (the amount of such Shortfall for API or PEO, as capped by the Maximum API Credit Value or Maximum PEO Credit Value, as applicable, the “Materials Credit”).
The API Credit Value and Maximum Credit Value shall be as follows: [* * *] [* * *] [* * *] [* * *] [* * *] [* * *] [* * *] [* * *] * * * Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission.
If there is a Shortfall for a Product in a calendar year, then Supplier will credit Supernus’ account for the amount of the Shortfall not later than 60 days after the end of the calendar year using the API Credit Value.
Any payable reimbursement (within the maximum liability limits) for lost API will be made at the API Credit Value.
The API Credit Value for Product will be as follows: Depomed’s actual average yearly cost for the API.