Amended Forecasted Business Plan; Minimum Annual Purchases Clause Samples

Amended Forecasted Business Plan; Minimum Annual Purchases. On each anniversary of the Effective Date, the Licensor shall submit a revised Forecasted Business Plan (each an “Amended Forecasted Business Plan”) to the Licensee detailing projected financial goals for sales of the Licensed Products throughout the Territory for the next year. The Amended Forecasted Business Plan shall include targeted customers for the Licensed Products, projected sales forecasts and expected related License Fees, and such other information, as the Licensor and Licensee shall mutually agree. It is understood and agreed by the Licensor and Licensee that each year during the Term, the annual Licensed Product sales projected by the Licensor on the Forecasted Business Plan or the Amended Forecasted Business Plan, as applicable, for that year (the “Projected Sales”) shall not be more than twenty-five percent (25%) less than the actual Licensed Product sales for that year (the “Minimum Sales Threshold”). At the end of each calendar year, the Licensor and Licensee shall mutually review and compare the Licensee’s actual Licensed Product sales against the Projected Sales for that year. In the event that the Projected Sales fall below the Minimum Sales Threshold for a given year, then, among other remedies available under this Agreement, the Licensor and Licensee shall renegotiate the License Consideration in good faith based on such deviation from the Minimum Sales Threshold and endeavor to conclude such negotiations within sixty (60) calendar days of the close of that calendar year.
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Related to Amended Forecasted Business Plan; Minimum Annual Purchases

  • Contract Year A twelve (12) month period during the term of the Agreement commencing on the Effective Date and each anniversary thereof.

  • Minimum Adjusted EBITDA Borrower shall maintain a minimum trailing six-month Adjusted EBITDA minus dividend distributions (other than tax distributions), as of such test date, of at least the greater of (a) $75,000,000 and (b) an amount equal to 75% of the trailing six-month Adjusted EBITDA minus dividend distributions (other than tax distributions), for the immediately preceding six-month period, tested semi-annually, commencing September 30, 2024, and continuing on each subsequent March 31 and September 30.

  • Maximum Capital Expenditures Borrower and its Subsidiaries on a consolidated basis shall not make Capital Expenditures during the following periods that exceed in the aggregate the amounts set forth opposite each of such periods: Period Maximum Capital Expenditures per Period Fiscal Year ending on or about March 31, 2007 $ 7,900,000 Fiscal Year ending on or about March 31, 2008 $ 9,500,000 Fiscal Year ending on or about March 31, 2009 and each Fiscal Year ending thereafter $ 3,000,000

  • Eligible Expenditures 1. Subject to Article 8.7 of the Regulation, eligible expenditures of this Programme are: (a) management costs of the Programme Operator in accordance with the detailed budget in the financial plan; (b) payments to projects within this Programme in accordance with the Regulation, this programme agreement and the project contract. 2. Eligible expenditures of projects are those actually incurred by the Project Promoter or project partners, meet the criteria set in Article

  • Adjustment of Minimum Quarterly Distribution and Target Distribution Levels (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section 6.9.