Less Favorable definition

Less Favorable means economically disadvantageous Price Terms or Product Support or less effective Delivery Services, to Dealers or to Manufacturers than Respondent makes Generally Available to other Dealers or to other Manufacturers.
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Less Favorable means less economically advantageous Price Terms, Delivery Services, Product Support, or other terms and conditions than Respondent makes Generally Available to similarly-situated Distributors.
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Less Favorable analysis generally means non-random differences determined by statistical
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Examples of Less Favorable in a sentence

  • The Independent Evaluator shall be required to make a definite determination based on information provided to it as to whether or not the Third Party Term Sheet is Less Favorable to ITI than the last Term Sheet offered by ITI to BMS.

  • Alternatively, ITI may offer such financial terms and conditions set out in the Third Party Term Sheet to BMS (or ITI may offer BMS terms and conditions financially Less Favorable to ITI than those set out in the Third Party Term Sheet).

  • If pursuant to Paragraph 3.1 above, the arbitrator(s) conclude(s) that TWC has entered into a Less Favorable Arrangement with an Affiliate or Related Party, Participant's sole and exclusive remedy shall be the right to receive an adjustment on the next accounting statement when due, including any additional payments that may be required, pursuant to Paragraph 2.1 hereof, modified to the extent required to render such Less Favorable Arrangement not a Less Favorable Arrangement.

  • Such adjustment shall become effective as of the date the Less Favorable Commission becomes effective with respect to the applicable third party order originator.

  • If pursuant to Paragraph 3.1 above, the arbitrator(s) conclude(s) that WDP has entered into a Less Favorable Arrangement with an Affiliate or Related Party, Artist's sole and exclusive remedy shall be the right to receive an adjustment on the next accounting statement when due, including any additional payments that may be required, pursuant to Paragraph 2.1 hereof, modified to the extent required to render such Less Favorable Arrangement not a Less Favorable Arrangement.

  • If the Independent Evaluator determines that the offer last made by Ambit to BMS was Less Favorable to Ambit than the Third Party Term Sheet, then within 30 days after the Independent Evaluator notifies the parties of such determination, BMS will reimburse Ambit for the portion of such fees previously borne by Ambit.

  • If an Acceptance Notice is not provided by Allergan within such *** Business Day period, or if Serenity and Allergan do not execute a binding definitive PNE License within *** days after receipt of such Acceptance Notice, Serenity will be free to enter into an agreement with such Third Party having the terms and conditions not Less Favorable to Serenity than those set forth in the New Term Sheet.

  • If an Acceptance Notice is not provided by BMS within such * period, or if Elixir and BMS do not execute a binding License agreement within * after receipt of the Acceptance Notice, Elixir will be free to enter into an agreement with such Third Party having the terms and conditions not financially Less Favorable to Elixir than those set forth in the New Term Sheet.

  • The Independent Evaluator shall promptly determine whether the terms and conditions of the Third Party Term Sheet are Less Favorable to Ambit than the terms and conditions last offered by Ambit to BMS.

  • If such notice is not provided by Distributor within such fifteen (15) day period, Insulet will be free to enter into an agreement with such Third Party having the terms and conditions set forth in the Financially Less Favorable Offer.

Related to Less Favorable

  • Disadvantageous Condition has the meaning set forth in Section 2.01(d).

  • Comparable includes a job with a salary range not more than four grid levels below the employee's original classification.

  • Level IV Pricing applies on any day on which (i) the Borrower’s long-term debt is rated BBB+ or higher by S&P or Baa1 or higher by Moody’s and (ii) none of Level I Pricing, Level II Pricing or Level III Pricing applies.

  • Customary Recourse Exceptions means, with respect to any Non-Recourse Debt of an Unrestricted Subsidiary, exclusions from the exculpation provisions with respect to such Non-Recourse Debt for the voluntary bankruptcy of such Unrestricted Subsidiary, fraud, misapplication of cash, environmental claims, waste, willful destruction and other circumstances customarily excluded by lenders from exculpation provisions or included in separate indemnification agreements in non-recourse financings.

  • Material Modification means any modification to an Interconnection Request that has a material adverse effect on the cost or timing of Interconnection Studies related to, or any Network Upgrades or Local Upgrades needed to accommodate, any Interconnection Request with a later Queue Position.