Common use of Excess Sales Clause in Contracts

Excess Sales. In the event that (a) net sales, determined as of immediately prior to the Closing in a manner consistent with the Sellers’ past practices, recognized with respect to sales of Krystexxa during the period from August 1, 2013 through and including the Closing Date exceeds (b) the product of (i) the number of days elapsed during the period from August 1, 2013 through and including the Closing Date and (ii) $115,000.00 (the amount of any such excess, the “Excess Sales Amount”), the Purchaser Parties may reduce the Purchase Price by the Excess Sales Amount.

Excess Sales. In the event that (a) net sales, determined as of immediately prior to the Closing in a manner consistent with the Sellers’ past practices, recognized with respect to sales of Krystexxa during the period from August 1, 2013 through and including the Closing Date exceeds (b) the product of (i) the number of days elapsed during the period from August 1, 2013 through and including the Closing Date and (ii) $115,000.00 (the amount of any such excess, the “Excess Sales Amount”), the Purchaser Parties may reduce the Purchase Price by the Excess Sales Amount.