Case Volume Clause Samples
Case Volume. For each case of groceries or other merchandise in excess of the Seller’s Base Level that Purchaser sells to the Wholesale Customers and any New Customers set forth on Schedule 3.3(a)(i) hereto (the “New Customer Leads”) in the first twelve (12) months following the Closing Date (collectively, the “Excess Cases”), Purchaser shall pay to Seller a dollar amount calculated based upon the formula set forth on Schedule 3.3(a)(ii) attached hereto. If the total number of cases of groceries and other merchandise that Purchaser sells to the Wholesale Customers in the first twelve (12) months following the Closing is less than the Seller’s Base Level (the difference between the Seller’s Base Level and the total number of cases sold being, collectively, the “Deficit Cases”), Seller shall pay to Purchaser a dollar amount calculated based upon the formula set forth on Schedule 3.3(a)(ii) attached hereto.
Case Volume. The Annual Case Sales Statement set forth on SCHEDULE 3.7 is an accurate listing of the Case sales volumes for the Beverages by beverage brand, flavor and package which Seller has sold in the Territories during the period commencing November 1, 1997 through October 31, 1998.)