Cigarettes. The price charged by McLane and to be paid by The Pantry for cigarettes shall be the [***] (as defined below); plus, any applicable [***] (as defined below); plus, all applicable [***] (including all [***] and any per-carton or per-pack [***] on cigarettes); plus any applicable [***] (as defined below) ); provided that, [***]. If applicable and to the extent allowed by law, McLane shall pay The Pantry the rebates (if any) set forth in Exhibit A. Any changes to the rebates provided for in Exhibit A must be mutually agreed upon and justified by documented actions by the manufacturer. For purposes of this Agreement: (1) [***] means the applicable Manufacturer's [***] to McLane at date of delivery of Products to the applicable Store, less all then current and applicable [***] that are required by the Manufacturer to be passed to The Pantry. (2) [***] means the then-applicable per-carton [***] (if any) assessed by McLane which amounts, as of the Effective Date, are as set forth in Exhibit A to this agreement. However, in the event of any post-Effective Date increase or decrease in the [***] to McLane, or [***] to McLane (or both), from a cigarette Manufacturer related to the purchase of cigarettes from such Manufacturer by McLane, then McLane may [***], as applicable, the [***] on affected brands by an amount equal to the per-carton change in such Manufacturer's terms. (3) [***] means, with respect to any jurisdiction having a minimum-price law applicable to cigarette wholesale transactions, an amount calculated by multiplying (A) the applicable product's [***] (or similar defined term) as defined by such applicable law by (B) the statutory [***] prescribed by such applicable law. _________________ [***] Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission.
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Cigarettes. The price charged by McLane and to be paid by The Pantry for cigarettes shall be the [***] (as defined below); plus, any applicable [***] (as defined below); plus, all applicable [***] (including all [***] and any per-carton or per-pack [***] on cigarettes); plus any applicable [***] (as defined below) ); provided that, [***]. If applicable and to the extent allowed by law, McLane shall pay The Pantry the rebates (if any) set forth in Exhibit A. Any changes to the rebates provided for in Exhibit A must be mutually agreed upon and justified by documented actions by the manufacturer. B. For purposes of this Agreement:
(1) [***] means the applicable Manufacturer's ’s [***] to McLane at date of delivery of Products to the applicable Store, less all then then-current and applicable [***] that are required by the Manufacturer to be passed to The Pantry.
(2) [***] means the then-applicable per-carton [***] (if any) assessed by McLane which amounts, as of the Effective Date, are as set forth in Exhibit A B to this agreement. However, in the event of any post-Effective Date increase or decrease in the [***] to McLane, or [***] to McLane (or both), from a cigarette Manufacturer related to the purchase of cigarettes from such Manufacturer by McLane, then McLane may [***], as applicable, the [***] on affected brands by an amount equal to the per-carton change in such Manufacturer's ’s terms.
(3) [***] means, with respect to any jurisdiction having a minimum-price law applicable to cigarette wholesale transactions, an amount calculated by multiplying (A) the applicable product's [***] (or similar defined term) as defined by such applicable law by (B) the statutory [***] prescribed by such applicable law. _____________________ [***] Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission.
(3) [***] means, with respect to any jurisdiction having a minimum-price law applicable to cigarette wholesale transactions, an amount calculated by multiplying (A) the applicable product’s [***] (or similar defined term) as defined by such applicable law by (B) the statutory [***] prescribed by such applicable law.
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