Institutional Spice Sales definition
Institutional Spice Sales means the gross sales, net of returns, and discounts, by Buyer and any affiliate of Buyer of the products identified on Schedule 3.3(b)-1 to entities that were customers of the Business Division during the period of July 1, 2013 to June 30, 2015 as set forth on Schedule 3.3(b)-1, together with the affiliates, successors or assignees of such customers, but excluding sales to Seller and its affiliates; provided, however, that the amount otherwise determined pursuant to the foregoing definition to be owing with respect to a customer that, as indicated on Schedule 3.3(b)-1, was a common customer of Buyer and Seller prior to Closing, shall be shared between Buyer and Seller in accordance with the sharing ratio indicated on such Schedule for such customer. If the price historically charged to a customer by Seller for products prior to Closing is renegotiated by Buyer after Closing to include trucking costs, then Institutional Spice Sale will not include the amount of such trucking costs. Buyer will promptly notify Seller of any such pricing adjustment.
Institutional Spice Sales means the gross sales, net of returns, and discounts, by Buyer and any affiliate of Buyer of the products identified on Schedule 3.3(b)-1 to entities that were customers of the Business Division during the period of July 1, 2013 to June 30, 2015 as set forth on Schedule 3.3(b)-1, together with the affiliates, successors or assignees of such customers, but excluding sales to Seller and its affiliates; provided, however, that the amount otherwise determined pursuant to the foregoing definition to be owing with respect to a customer that, as indicated on Schedule 3.3(b)-1, was a common customer of Buyer and Seller prior to Closing, shall be shared between Buyer and Seller in accordance with the sharing ratio indicated on such Schedule for such customer. If the price historically charged to a customer by Seller for products prior to Closing is renegotiated
Examples of Institutional Spice Sales in a sentence
Buyer further agrees to use commercially reasonable collection efforts to collect all of the Institutional Spice Sales.