Common use of Distributor Agreement Clause in Contracts

Distributor Agreement. SWI, Parent and the Stockholder shall enter into a Distributor Agreement, in the form of Exhibit D attached hereto, pursuant to which, among other matters, the parties thereto shall covenant and agree that, for a period of three (3) years after the Effective Time, the price paid by Parent and its subsidiaries to SWI and its affiliates, subsidiaries, successors and assigns (the "SWI Parties") for inventory or merchandise for resale shall be no less favorable to Parent and its subsidiaries than the then lowest current price charged by the SWI Parties to third parties in similar classes of trade (i.e., equivalent distribution channels) for such inventory or merchandise.

Distributor Agreement. SWI, Parent and the Stockholder shall enter into a Distributor Agreement, in the form of Exhibit D attached hereto, pursuant --------- to which, among other matters, the parties thereto shall covenant and agree that, for a period of three (3) years after the Effective Time, the price paid by Parent and its subsidiaries to SWI and its affiliates, subsidiaries, successors and assigns (the "SWI Parties") for inventory or merchandise for resale shall be no less favorable to Parent and its subsidiaries than the then lowest current price charged by the SWI Parties to third parties in similar classes of trade (i.e., equivalent distribution channels) for such inventory or merchandise.