Common use of Agreements as to Titanium Products Post Closing Clause in Contracts

Agreements as to Titanium Products Post Closing. In the event that ----------------------------------------------- this Agreement is terminated for any reason, Buyer may, by giving written notice to Seller, continue to purchase Titanium Products from Seller, and resell said Titanium Products to Permitted Customers in the Field of Use in accordance with all the terms and conditions hereof, including without limitation Seller's obligations under Section VII.D.2.; provided, however, that Section III.A. hereof shall no longer be operative (i.e., Buyer shall no longer be an exclusive seller and/or distributor). Pricing to Buyer shall initially be the lesser of (a) the best price at which such Titanium Products are sold to Seller's distributors or (b) a price that equals the average of Buyer's gross margin over the preceding 12 months for Titanium Products. Prices shall be reviewed at the end of the first 12 months of this arrangement and annually thereafter. Pricing will thereafter be based on the lower of (a) the best price at which such Titanium Products are sold to Seller distributors or (b) a [NOTE: PERCENTAGE OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, PURSUANT TO RULE 24B-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED] discount from average end user prices.

Agreements as to Titanium Products Post Closing. In the event that ----------------------------------------------- this Agreement is terminated for any reason, Buyer may, by giving written notice to Seller, continue to purchase Titanium Products from Seller, and resell said Titanium Products to Permitted Customers in the Field of Use in accordance with all the terms and conditions hereof, including without limitation Seller's obligations under Section VII.D.2.7.4(b); provided, however, that Section III.A. 3.1 hereof shall no longer be operative (i.e., Buyer shall no longer be an exclusive seller and/or distributor). Pricing to Buyer shall initially be the lesser of (a) the best price at which such Titanium Products are sold to Seller's distributors or (b) a price that equals the average of Buyer's gross margin over the preceding 12 months for Titanium Products. Prices shall be reviewed at the end of the first 12 months of this arrangement and annually thereafter. Pricing will thereafter be based on the lower of (a) the best price at which such Titanium Products are sold to Seller distributors or (b) a [NOTE: PERCENTAGE OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, PURSUANT TO RULE 24B-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.] discount from average end user prices.

Agreements as to Titanium Products Post Closing. In the event that ----------------------------------------------- this Agreement is terminated for any reason, Buyer may, by giving written notice to Seller, continue to purchase Titanium Products from Seller, and resell said Titanium Products to Permitted Customers in the Field of Use in accordance with all the terms and conditions hereof, including without limitation Seller's obligations under Section VII.D.2.7.4(b); provided, however, that Section III.A. 3.1 hereof shall no longer be operative (i.e., Buyer shall no longer be an exclusive seller and/or distributor). Pricing to Buyer shall initially be the lesser of (a) the best price at which such Titanium Products are sold to Seller's distributors or (b) a price that equals the average of Buyer's gross margin over the preceding 12 months for Titanium Products. Prices shall be reviewed at the end of the first 12 months of this arrangement and annually thereafter. Pricing will thereafter be based on the lower of (a) the best price at which such Titanium Products are sold to Seller distributors or (b) a [NOTE: PERCENTAGE OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, PURSUANT TO RULE 24B-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.] discount from average end user prices.