New Bottle definition

New Bottle has the meaning given it in Section 3.4(b).
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New Bottle means (y) a bottle that is materially different from a Product covered by this Agreement and requires a new mold or (z) any bottle for a plant other than the Products as identified on Exhibit A or Exhibit B. Seller will have thirty (30) days to provide a bid to supply the New Bottles. Purchaser may also obtain bids from additional suppliers. If Purchaser obtains a bid from an additional supplier that Purchaser desires Seller to match, it will notify Seller of the price bid by such additional supplier for the New Bottles. Seller will have ten (10) business days to elect to match such bid (i.e., to offer a net delivered price equal to the net delivered price offered by such third party). If Seller notifies Purchaser in a timely manner that Seller is willing to match such bid, Seller will become the manufacturer of such New Bottles for Purchaser. If Seller notifies Purchaser that it is not willing to match the pricing or fails to respond within such ten day period, Purchaser can purchase the New Bottles from the additional supplier, provided the net delivered price (including not only the base bottle price but also rebates, incentives, freight, etc.) is equal to or less than the bid communicated to Seller pursuant to this paragraph (except for changes in resin costs since the date of the bid) and is offered to Purchaser for a term of at least one year. Notwithstanding the foregoing, Seller’s right to bid and supply New Bottles pursuant to this Section 1(b) shall be limited by any contract of an entity purchased by Purchaser or its affiliates or any contract assumed in connection with the purchase of assets of a business (“Assumed Bottle Contract”), provided such Assumed Bottle Contract was in effect at the time of the acquisition and provided that Purchaser or such affiliate shall have the right to continue to purchase under such Assumed Bottle * This material has been omitted pursuant to a request for confidential treatment filed with the SEC, and this material has been filed separately with the SEC. Contract until the earlier of the expiration of the contract or the earliest permitted termination date of such contract (unless, in the case of the earliest permitted termination date, the lowest price for the New Bottles is available through this Assumed Bottle Contract and Seller is not willing to match such pricing, in which case Purchaser shall not be obligated to terminate the contract early). Purchaser and Seller will apply the terms of this paragraph 1(b...
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New Bottle has the meaning given it in Section 3.4(b). --------- *** Portions hereof and portions of the exhibit have been omitted and filed separately with the Commission pursuant to a request for confidential treatment in accordance with Rule 24-b.
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Examples of New Bottle in a sentence

  • The Base Price for such New Bottle shall not exceed the price paid by AB, as adjusted for any difference resulting from different delivery costs or charges for Bottles provided by another supplier with the same Specifications.

  • The Base Price for such New Bottle shall not exceed * * * Anchor shall provide documentation of such charges or costs as AB may reasonably request.

  • If Seller does not identify an Additional Business Commencement Date for any Additional Business Product, such Product shall no longer be an Additional Business Product nor will it be a New Bottle (as defined below).

  • If Seller fails to provide notice in accordance with this paragraph with respect to a given Additional Business Product, such Product will no longer be considered an Additional Business Product nor will it be a New Bottle.

  • The glass only portion of the Base Price for such New Bottle shall not exceed *** Anchor shall provide such documentation as AB may reasonably request in support of the Base Price for such New Bottle.