Lost Sales definition

Lost Sales has the meaning set forth in Section 6.2.
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Lost Sales means, determined on a quarterly basis for each calendar quarter or portion thereof during a Supply Interruption, the quantity of sales that Replidyne would have reasonably realized from Third Parties for Drug Products which Replidyne cannot fill because it is out-of-stock due to a Supply Interruption.
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Lost Sales means, determined on a quarterly basis for each calendar quarter or portion thereof during an EXTENDED SUPPLY INTERRUPTION, the greater of: (a) 65% of the dollar amount MEDICIS would have invoiced for BACKORDERS placed with MEDICIS during such quarter or portion thereof; or (b) 70% of the average of NET SALES for the four (4) most recently completed calendar quarters prior to the commencement of the SUPPLY INTERRUPTION immediately preceding such EXTENDED SUPPLY INTERRUPTION; provided, however, that (i) for any such calculation for any calendar quarter or portion thereof in 1998, such average shall be of NET SALES for the three (3) rather than four (4) most recently completed calendar quarters prior to the commencement of such SUPPLY INTERRUPTION, (ii) any calculation under this Section for a portion of a calendar quarter shall be made on a pro rata basis based on a ninety (90) day calendar quarter, (iii) to the extent that NET SALES for any calendar quarter (or pro rata portion thereof) are based on sales of quantities of LOPROX LOTION which exceeds the quantity of the INTERRUPTED MEDICIS ORDERS for such LOPROX LOTION for the calendar quarter (or portion thereof) for which LOST SALES are being determined, the corresponding NET SALES value of such quantities in excess of the INTERRUPTED MEDICIS ORDERS shall be excluded from the determination of NET SALES, and (iv) only quantities of inventory for which MEDICIS is out-of-stock due to the SUPPLY INTERRUPTION shall be included in the calculation of NET SALES. (c) Notwithstanding anything to the contrary in subparagraphs 2(a) or 2(b) above, in the event MEDICIS is out-of-stock for LOPROX LOTION during any period of any EXTENDED SUPPLY INTERRUPTION due solely to MEDICIS' failure to maintain a minimum inventory of such LOPROX LOTION in accordance with Section 2.6 hereof and subject to the qualifications set forth therein, in determining LOST SALES hereunder: (i) any BACKORDERS or portions thereof which cannot be filled due solely to the failure on the part of MEDICIS in accordance with Section 2.6 shall be excluded from the calculation pursuant to subparagraph 2(a) above, and (ii) the corresponding NET SALES value of any such quantities of inventory which MEDICIS has failed to maintain in accordance with Section 2.6 shall be excluded from the determination of NET SALES for purposes of subparagraph 2(b) above.
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Examples of Lost Sales in a sentence

  • Notwithstanding the foregoing, as liquidated damages and not as a penalty, Nisso shall pay to Replidyne an amount equal to Replidyne’s Net Margin for Lost Sales.

  • Lost Sales Tax Revenues shall be calculated as the product of: (1) the per-game average of Sales Tax Revenues collected during all other home games played by the Team at the Stadium during that calendar year and (2) the number of home games played at a location other than the Stadium during that year.

  • The 2011 Participation Payment shall be reduced by an amount equal to the reduction of 2011 Gross Profit Dollars caused by Lost Sales; provided, however, that: (i) there shall be no reduction if the 2011 Gross Profit Dollars equals or exceeds $36,700,000 (the “2011 Gross Profit Dollar Base”); and (ii) the amount of any such reduction shall in no event exceed an amount equal to the 2011 Gross Profit Dollar Base less the amount of the 2011 Gross Profit Dollars.

  • Purchaser shall have the right to reduce the 2012 Participation Payment by an amount equal to the reduction of 2012 Gross Profit Dollars caused by Lost Sales; provided, however, that: (i) there shall be no reduction if the 2012 Gross Profit Dollars equals or exceeds $46,900,000 (the “2012 Gross Profit Dollar Base”); and (ii) the amount of any such reduction shall in no event exceed an amount equal to the 2012 Gross Profit Dollar Base less the amount of the 2012 Gross Profit Dollars.

  • If Extreme's Products Contain Undetected Software or Hardware Errors, Extreme Could Incur Significant Unexpected Expenses and Lost Sales Network products frequently contain undetected software or hardware errors when first introduced or as new versions are released.

  • Notwithstanding anything to the contrary herein, payment shall be due under this Paragraph 8 only if and to the extent the Lost Sales that would have been realized by UCC and UCC Affiliates (taken together) during the calendar year covered by the audit (applying any available credits thereto) exceeds the Lost Sales Threshold (as defined in Paragraph 2(b)) and UCC and UCC Affiliates request such payment within thirty (30) days of the completion of the audit pursuant to Paragraph 7.

  • The Supplier’s obligation to pay for Cover, Lost Sales and Costs shall terminate one (1) year following the failure to supply.

  • For purposes of this calculation, the additional margin payable shall be the product of Average Margin multiplied by the amount of Lost Sales in excess of the Lost Sales Threshold.

  • Should an audit pursuant to Paragraph 7 establish that UCC and UCC Affiliates suffered a loss of sales in excess of the Lost Sales Threshold then TDCC shall reimburse (or cause the applicable TDCC Affiliate to reimburse) UCC and UCC Affiliates for any additional margin that would have been earned if such Lost Sales Threshold had not been exceeded.


More Definitions of Lost Sales

Lost Sales shall have the meaning set forth in Section 2.10(c)(i)(B)(2) hereof.
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Lost Sales means the net sales price (as determined by the Inter-Company Pricing Policy) of UCC Products which, but for the failure of TDCC and TDCC Affiliates to correctly apply the principles set forth in Paragraph 2(a) of this Agreement would have been realized by UCC and UCC Affiliates during a given calendar year, provided, however that, any purchases of UCC Product by TDCC and TDCC Affiliates from UCC and UCC Affiliates that were not required to be made pursuant to the principles set forth in Paragraph 2(a) of this Agreement shall be creditable by TDCC and TDCC Affiliates against Lost Sales for such calendar year or, to the extent not used in such calendar year, for the subsequent calendar year.
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Lost Sales means, with respect to the Business:
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Related to Lost Sales

  • Loss of Use means the total and irrecoverable loss of function of an arm, hand, foot, leg or thumb and index finger of the same hand provided such loss of function is continuous for 12 consecutive months and such loss of function is thereafter determined on evidence satisfactory to Chubb Life to be permanent.

  • Consequential Damages means Losses claimed to have resulted from any indirect, incidental, reliance, special, consequential, punitive, exemplary, multiple or any other Loss, including damages claimed to have resulted from harm to business, loss of anticipated revenues, savings, or profits, or other economic Loss claimed to have been suffered not measured by the prevailing Party’s actual damages, and any other damages typically considered consequential damages under Applicable Law, regardless of whether the Parties knew or had been advised of the possibility that such damages could result in connection with or arising from anything said, omitted, or done hereunder or related hereto, including willful acts or omissions.

  • Cost of Sales means any costs incurred of the type included in the “Cost of sales (excluding depreciation expense)” line item in the consolidated statement of operations of the Partnership prepared in accordance with GAAP, as presently applied.

  • Direct Damage has the meaning given in clause 24.2; "Dispute" has the meaning given in clause 23.1;

  • Market Share means the percent of sales of the total available market in an industry, product line or product attained by the Company or one of its business units during a time period.