Examples of HBA Products in a sentence
After the Closing, Purchaser will use commerically reasonable efforts, but in no event less than the efforts currently utilized by Purchaser in the sale of its other principal products, to maximize the sales of the HBA Products for so long as the sale of the HBA Products affects Seller's realization of any portion of the Purchase Price.
Purchaser's responsibilities under the Novation Agreement shall terminate upon the execution of an amendment by Purchaser and HDS to that certain International OEM Agreement by and between Purchaser and HDS, dated as of July 14, 1999 (the "HDS International OEM Agreement") that will enable Purchaser to furnish Existing HBA Products (as that term is defined below) to HDS.
As soon as reasonably practicable after the Closing, Seller shall terminate any existing reseller or distribution agreements, pursuant to which it sells, markets or distributes the Existing HBA Products, or if such reseller or distribution agreements govern the sale, marketing or distribution of Seller's products other than the Existing HBA Products, then Seller shall amend such agreements to exclude the Existing HBA Products from the list of products that are sold, marketed or distributed thereunder.
The pricing for the HBA Products and the Purchaser Derivative Products upon which the Royalty is based shall be determined by Purchaser in it sole and absolute discretion.
Unless the parties hereto otherwise agree in writing, Purchaser shall not sell or market any Existing HBA Products to Network Appliance, Inc.
From the Closing Date until six (6) months after the expiration of the Royalty Payment Period, Purchaser shall keep complete and accurate books and records covering the revenues generated from the sales of the HBA Products, as determined in accordance with GAAP and JNI's Revenue Recognition Policy (collectively the "Records") at its principal place of business in the United States.
As soon as reasonably practicable after the Closing, Purchaser shall enter into good faith negotiations to execute an amendment to the HDS International OEM Agreement, pursuant to which JNI shall furnish Existing HBA Products to HDS and HDS shall act as a reseller of such Existing HBA Products.
However, if Seller's audit reveals an underaccounting of ten percent (10%) or more by Purchaser of its sales of the HBA Products, Purchaser shall reimburse Seller for Seller's internal costs of Seller's audit and shall immediately pay to Seller all amounts owing hereunder that would have been due and payable to Seller but for such underaccounting, together with all interest accrued thereon (which interest shall accrue at the then applicable prime rate published by Bank of America).
After the Closing Date, Seller shall maintain an adequate level of finished goods in Inventory to support Purchaser's sales of the HBA Products until the Manufacture Transition Date, as described in greater detail in the Transition Services Agreement.
As soon as reasonably practicable after the Closing, Purchaser shall add, or cause to be added, the HBA Products to Purchaser's product price list.