Sales Volume. Except as otherwise agreed by Xxxxx, the maximum Outstanding Purchase Price - Base Receivables shall not exceed $75,000,000 and the maximum Outstanding Purchase Price - DLA Receivables shall not exceed $50,000,000. Seller agrees to offer for sale to Xxxxx sufficient volumes of Eligible Receivables in order for Xxxxx to hold (i) an average quarterly balance of the Outstanding Purchase Price of Purchased General Receivables of $40,000,000 or greater, and (ii) an average quarterly balance of the Outstanding Purchase Price of Purchased Transportation Receivables of $12,500,000 or greater. For each quarter during the initial term of this Agreement, and each quarter thereafter to the extent that the term of this Agreement is extended pursuant to Section 7.1 hereof (for the avoidance of doubt, to include the remaining term of this Agreement as extended regardless of the termination of this Agreement by Seller upon notice pursuant to Section 7.2, or by Xxxxx upon the occurrence of a Termination Event, but not including any quarters after the quarter in which Xxxxx may terminate this Agreement solely upon notice under Section 7.2), (A) if the average quarterly balance of the Purchased General Receivables is less than $40,000,000, then Seller agrees to pay to Xxxxx a maintenance fee equal to (a) 0.50% multiplied by (b) $40,000,000 minus the sum of (i) the amount of the average Outstanding Purchase Price - General Receivables for such quarterly period, plus (ii) the difference (if positive) between $40,000,000 and the average amount of the Purchase Limits in effect for such quarterly period, plus (iii) 90% of the aggregate Net Invoice Amount of General Receivables constituting Eligible Receivables offered for purchase by Seller during such quarterly period that were not purchased by Xxxxx, plus (B) if the average quarterly balance of the Purchased Transportation Receivables is less than $12,500,000, then Seller agrees to pay to Xxxxx a maintenance fee equal to (a) 0.50% multiplied by (b) $12,500,000 minus the sum of (i) the amount of the average Outstanding Purchase Price - Transportation Receivables for such quarterly period, plus (ii) the difference (if positive) between $12,500,000 and the average amount of the Purchase Limits in effect for such quarterly period, plus (iii) 90% of the aggregate Net Invoice Amount of Transportation Receivables constituting Eligible Receivables offered for purchase by Seller during such quarterly period that were not purchased by Xx...
Sales Volume. If requested, Contractor must document its ability to service a Contract with sales volume similar to the scope of this Contract. Proof of sales history may be requested and must be provided within five (5) business days of request or such other period specified by Procurement Services. Proof of sales history may be presented as invoices issued within the past three (3) years that show the name of the ordering entity, Contractor name, product ordered and invoice amount.
Sales Volume. During the term of this Agreement, DISTRIBUTOR shall use its best efforts to maximise the sales volume of the Product in the Territory, and will provide each month a rolling 3 month forecast to Sunway.
Sales Volume. If the actual volume of sales by Agent falls at least ten percent (10%) under Agent’s Forecast for such period, Mirion may, in its sole discretion, terminate Agent’s exclusivity and may instead grant non-exclusive rights for the Products to Agent for what was previously its Exclusive Territory or this Agreement. Waiver of, or failure to enforce, this Section 7.2 in any given year will not constitute waiver of Xxxxxx’s rights in other years.
Sales Volume. Auxilium shall use Commercially Reasonable Efforts to ensure that the average monthly sales volume of each Product leading up to the effective date of termination does not substantially exceed the average monthly sales volume of such Product for the *** period prior to date of the notice of termination, and in any event Auxilium shall not take any affirmative action to cause such outcome.
Sales Volume. If the actual volume of sales by Distributor falls at least ten percent (10%) under Distributor’s Forecast for such period, Mirion may, in its sole discretion, terminate Distributor’s exclusivity and may instead grant non-exclusive rights for the Dosimetry Services to Distributor for what was previously its Exclusive Territory or this Agreement. Waiver of, or failure to enforce, this Section 7.b. in any given year will not constitute waiver of Xxxxxx’s rights in other years.
Sales Volume. Licensee shall use Commercially Reasonable Efforts to ensure that the average monthly sales volume of each Product leading up to the effective date of termination does not substantially exceed the average monthly sales volume of such Product for the *** period prior to date of the notice of termination, and in any event Licensee shall not take any affirmative action to cause such outcome.
Sales Volume. The Parent and the Borrower will not permit, as of the last day of any period set forth below the sales of Coal volume from the Coal Properties to be less than the amount set forth opposite such period. PRODUCTION PERIOD (TONS) ------------------------------------------------------------- ----------- Three month period ending March 31, 2005 203,697 Six month period ending June 30, 2005 270,725 Nine month period ending September 30, 2005 359,975 Four consecutive quarters ending December 31, 2005 364,225 Four consecutive quarters ending March 31, 2006 355,725 Four consecutive quarters ending June 30, 2006 and thereafter 355,725
Sales Volume. Aside from disclosures made in this section, Sellers have no basis to anticipate any reduction during the years ending December 31, 2004 and December 31, 2005 in the volume of sales or prices charged by the Company to any of its customers which accounted for more than 10% (ten percent) of the Company’s sales during its fiscal year ended December
Sales Volume. This Agreement has been prepared assuming an (estimated) volume of 30,000,000 gallons of Jet Fuel per year, according to the invitation letter sent by COPA AIRLINES' Fuel & Risk Management office on April 9th 2005.
