Minimum Purchase Target definition
Examples of Minimum Purchase Target in a sentence
For each subsequent year in which this Agreement remains in force (if any), the Minimum Purchase Target shall be increased by the purchase target increase indicated in Schedule 2, unless, prior to the beginning of the year, the Parties agree in writing to reset the Minimum Purchase Target for such year in a different manner.
Any quantity of Products purchased in excess of the Minimum Purchase Target for a given Sales Year shall be credited towards satisfying the Minimum Purchase Target for future Sales Years.
If Distributor does not purchase Products from Supplier with an aggregate value equal to or in excess of the Minimum Purchase Target for an applicable Time Period as specified above, then Distributor will have the option to purchase Products from Supplier with an aggregate invoice value equal to the shortfall in actual purchases as compared to the Minimum Purchase Target (the “Purchase Shortfall”).
In determining whether a Minimum Purchase Target is achieved, any purchases of the Products paid with all or a portion of the Agreed Credit will be treated as actual purchases by Distributor.
In the event Supplier does not exercise its Exclusivity Termination Right during the Exercise Window, this Agreement, including, but not limited to, the Exclusivity and Distributor cooperative marketing commitment provisions specified in Section 7, below, will continue in full force and effect unchanged for the following calendar year, at which point the Exclusivity Termination Right may again be exercised should that calendar year’s Minimum Purchase Target not be met or satisfied as noted above.
For purposes of this Section 5, the aggregate value of purchases to determine whether the Minimum Purchase Target for an applicable Time Period has been achieved will be calculated from the invoice value paid or payable by Distributor, after applying any credits or discounts provided by Supplier, other than an Agreed Credit (as that term is defined in Section 6, below).
You and your customers shall order no less than the Minimum Purchase Target of Products indicated in Schedule 2 during the first year of this Agreement, with the corresponding purchases to be completed in the ordinary course.
If ACC fails to meet the applicable Minimum Purchase Target for a category of Toshiba Products in a geographical territory, Toshiba shall have the right (which right is to be exercised within thirty (30) days after the end of the fiscal year for which such Minimum Purchase Target has not been met) to convert ACC's exclusive distributorship for such category of Toshiba Product in such geographical territory to a non-exclusive distributorship for the remaining term of this Agreement.
Within ten (10) business days after the end of each calendar month during the Term, the Parties will discuss in a scheduled conference call Distributor’s progress toward the achievement of the respective Minimum Purchase Target.
IceCure and MDT shall negotiate the adjustments of Minimum Purchase Target caused by Product Changes in good faith.