Maximum Annual Product Units definition

Maximum Annual Product Units shall have the meaning given in Section 5.6.
Sample 1Sample 2Sample 3
Maximum Annual Product Units means for the period ending twelve full calendar months from the First Commercial Sale and for each twelve month period thereafter, [***] of the total units of branded and generic Lovenox® product (including the brand name product, the Product, any Authorized Generic Product and any Competitive Product) sold for distribution into the Territory for the immediately preceding calendar year as reported by IMS Health (or such other nationally recognized data compilation source as mutually agreed); provided that, if the First Commercial Sale occurs during calendar year 2005, then the Maximum Annual Product Units for the period ending twelve full calendar months from the First Commercial Sale shall be deemed to be [***] units of Product. For each twelve month period beginning after the First Commercial Sale (other than as provided above if the First Commercial Sale occurs in calendar year 2005), the Maximum Annual Product Units shall be established as soon as data from IMS Health (or such other nationally recognized source as mutually agreed) for the immediately preceding calendar year becomes available to the parties and once the Maximum Annual Product Units for the then current twelve month period is established, it shall be effective retroactively to the beginning of and shall be fixed through such twelve month period. Without limiting the foregoing, but by way of example: If the First Commercial Sale occurs on September 1, 2005, then the Maximum Annual Product Units for the twelve month period ending with August 31, 2006 would be [***] units of Product. As a result, Purchaser would have no right to order or purchase, and Seller would have no obligation to supply, more than [***] units of Product during the twelve month period ending August 31, 2006. Assuming that [***] total units of branded and generic Lovenox® product were sold for distribution into the Territory for the 2005 calendar year as reported by IMS Health, then the newly established Maximum Annual Product Units for the twelve month period ending August 31, 2007 would be [***] units of Product (i.e., [***] units). As a result, Purchaser would have no right to order or purchase, and Seller would have no obligation to supply, more than [***] units of Product during the twelve month period ending August 31, 2007. The foregoing process would be repeated once each twelve month period thereafter to establish the Maximum Annual Product Units for the then current twelve month period. At Purchaser’s request...
Sample 1Sample 2
Maximum Annual Product Units means: “For the first [***] following First Commercial Sale: [***] Units of Product, to be delivered to Purchaser as follows: [***] following First Commercial Sale; [***] following First Commercial Sale; and [***] following First Commercial Sale. “For each annual period commencing on the [***] and each subsequent annual anniversary of the First Commercial Sale, [***] Units of Product, to be delivered at the rate of [***] Units of Product per [***]. “Subject to the foregoing provisions of this Section 5.6.1, commencing with the end of the [***] calendar quarter following First Commercial Sale, in the event Amphastar sells more than [***] Units of Product (including sales to Purchaser and any other Person) in any calendar quarter, as measured by [***] or a comparable, independent third party reporting agency, Amphastar shall, at Xxxxxx’x request, increase its supply of Product to Xxxxxx in the immediately following calendar quarter by up to the same percentage increase (the “Quarterly Adjustment”) by which Amphastar exceeded [***] total Units of Product sold; provided that, Amphastar shall have no obligation to supply Xxxxxx in any calendar quarter with any Product in excess of [***] of the total combined units of Product, Lovenox® brand product, Authorized Generic Product and Competitive Product sold to Purchaser Customers (collectively, the “Retail Market Sales”) in the immediately preceding calendar quarter. For purposes of clarification and notwithstanding anything to the contrary, if at any time the total of the Maximum Annual Product Units plus the then applicable Quarterly Adjustment exceeds [***] of the Retail Market Sales in the immediate preceding calendar quarter (the “Supply Limit”), Amphastar shall have no obligation to supply Purchaser with any Product in excess of the Supply Limit. “From time to time, should Seller have additional manufacturing capacity to permit it to supply Products in excess of the Supply Limit, Purchaser may request and Seller shall reasonably consider Purchaser’s request to purchase additional Product quantities in excess of the Supply Limit; provided that, neither party shall have any obligation to agree to any increase of Product quantities in excess of the Supply Limit.”
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Examples of Maximum Annual Product Units in a sentence

  • Without limiting the foregoing, any Purchase Order or Forecast submitted by Purchaser hereunder for more than the then applicable Maximum Annual Product Units shall, to the extent of the excess, be deemed rejected by Seller, unless expressly accepted by Seller in writing.

  • Assuming that [***] total units of branded and generic Lovenox® product were sold for distribution into the Territory for the 2005 calendar year as reported by IMS Health, then the newly established Maximum Annual Product Units for the twelve month period ending August 31, 2007 would be [***] units of Product (i.e., [***] units).

  • The foregoing process would be repeated once each twelve month period thereafter to establish the Maximum Annual Product Units for the then current twelve month period.

  • Seller shall reasonably consider Purchaser's request and its reasons for an increase in the then existing Maximum Annual Product Units; provided that, Seller shall have no obligation to agree to (and may reject in Seller's sole discretion and without liability) any increase requested by Purchaser in the then existing Maximum Annual Product Units.

  • Without limiting the foregoing, but by way of example: If the First Commercial Sale occurs on September 1, 2005, then the Maximum Annual Product Units for the twelve month period ending with August 31, 2006 would be [***] units of Product.

  • At Purchaser's request from time to time, the parties shall discuss increasing the then existing Maximum Annual Product Units based on then existing market conditions, Seller's manufacturing capacity and other relevant factors.

  • Seller shall reasonably consider Purchaser’s request and its reasons for an increase in the then existing Maximum Annual Product Units; provided that, Seller shall have no obligation to agree to (and may reject in Seller’s sole discretion and without liability) any increase requested by Purchaser in the then existing Maximum Annual Product Units.

  • Purchaser's then current Forecast; provided that, such quantity shall not exceed (without the prior written consent of Seller, which may be withheld in its sole discretion) [***] units of Product if the First Commercial Sale occurs in calendar year 2005 or [***] of the then existing Maximum Annual Product Units if the First Commercial Sale occurs in any calendar year after 2005 (the "Launch Quantities").

  • At Purchaser’s request from time to time, the parties shall discuss increasing the then existing Maximum Annual Product Units based on then existing market conditions, Seller’s manufacturing capacity and other relevant factors.


More Definitions of Maximum Annual Product Units

Maximum Annual Product Units shall have the meaning given in Section 5.6. * filed under application for confidential treatment
Sample 1
Maximum Annual Product Units means for the period ending twelve full calendar months from the First Commercial Sale and for each twelve month period thereafter, [***] of the total units of branded and generic Lovenox® product (including the brand name product, the Product, any Authorized Generic Product and any Competitive Product) sold for distribution into the Territory for the immediately preceding calendar year as reported by IMS Health (or such other nationally recognized data compilation source as mutually agreed); provided that, if the First Commercial Sale occurs during calendar year 2005, then the Maximum Annual Product Units for the period ending twelve full calendar months from the First Commercial Sale shall be deemed to be [***] of Product. For each twelve month period beginning after the First Commercial Sale (other than as provided above if the First Commercial Sale occurs in calendar year 2005), the Maximum Annual Product Units shall be established as soon as data from IMS Health (or such other nationally recognized source as mutually agreed) for the immediately preceding calendar year becomes available to the parties and once the Maximum Annual Product Units for the then current twelve month period is established, it shall be effective retroactively to the beginning of and shall be fixed through such twelve month period. Without limiting the foregoing, but by way of example: If the First Commercial Sale occurs on September 1, 2005, then the Maximum Annual Product Units for the twelve month period ending with August 31, 2006 would be [***] units of [***] Confidential Treatment Requested.
Sample 1

Related to Maximum Annual Product Units

  • Generic Product means a product which (a) contains as its active pharmaceutical ingredient a compound that is (or is substantially the same as) the Licensed Compound, and (b) has been placed on the market pursuant to a validly granted marketing authorization.

  • Sales Year means the calendar year during which the Company sold Cigarettes in a Beneficiary State requiring the deposit of QEF Principal.

  • New Product means the Synology-branded hardware product and Synology-branded accessories contained in the original packaging Customer bought from an authorized Synology distributor or reseller. You may see our “New Product” at Product Support Status.

  • Hemp product means the same as that term is defined in § 3.2-4112.

  • Approved Product means any water fitting, plumbing product, material or component which is the subject of an existing WRAS Approval;

  • Hemp products means all products made from industrial hemp,

  • Combination Products means COBI Combination Products, EVG Combination Products, TDF Combination Products, TAF Combination Products and Quad Product.

  • Annual Net Sales means, with respect to any Calendar Year, the aggregate amount of the Net Sales for such Calendar Year.

  • New Products means any product which is not an Enhanced Product or Existing Product but which is substantially similar to an of this Agreement, "New Product" or "New Products" shall mean any product which is not an Enhanced Product or 2 Existing Product but which is substantially similar to an Existing Product with respect to design and function and possesses reasonable performance improvements. If Company desires to purchase an Enhanced or New Product(s) from Supplier, Company shall so notify Supplier and provide Supplier the opportunity to manufacture such Enhanced or New Product(s), subject to the following conditions and procedures.

  • Royalty-Bearing Product means (a) any Product that is not a Co-Developed Product and (b) any Co-Developed Product to the extent sold outside of the Co-Development Territory.

  • Royalty Year means, (i) for the year in which the First Commercial Sale occurs (the “First Royalty Year”), the period commencing with the first day of the Calendar Quarter in which the First Commercial Sale occurs and expiring on the last day of the Calendar Year in which the First Commercial Sale occurs and (ii) for each subsequent year, each successive Calendar Year.

  • Additional Product means any Product identified as such in the Product Terms and chosen by Enrolled Affiliate under this Enrollment.

  • Net Sales Revenue shall have the meaning as set out in Schedule "A"

  • Semi-Annual Period means each of: the period beginning on and including January 1 and ending on and including June 30; and the period beginning on and including July 1 and ending on and including December 31.

  • Final Product means a product that is not used in producing other products and is built and intended for use outdoors, provided the final product has not deteriorated or has otherwise become a potential source of contaminants.

  • Net Sales Price means the gross billing price of any PRODUCT received by Licensee or its SUBLICENSEE for the sale or distribution of any PRODUCT, less the following amounts actually paid by Licensee or SUBLICENSEE:

  • Combination Product means a product (a) containing a Licensed Product together with one or more other active ingredients, or (b) with one or more products, devices, pieces of equipment or components, but sold for an integrated price (e.g., with the purchase of one product the customer gets a coupon for the other) or for a single price.

  • Contract Year means each period of twelve (12) consecutive months during the Initial Term of this Agreement, with the first Contract Year commencing on the Effective Date, and with each subsequent Contract Year commencing on the anniversary of the Effective Date.

  • Commercial Product means any such product as defined in FAR 2.101.

  • Designated Products means products provided by Motorola to Licensee with which or for which the Software and Documentation is licensed for use.

  • Net Sales means [***].

  • Eligible Product means, instead of the definition in FAR 25.003—