Minimum Unit Sales Sample Clauses

Minimum Unit Sales. It is hereby agreed that the following language is added to Section 6.8 of the Agreement. “Orthovita agrees to achieve Minimum Unit Sales of BioActive VITOSS FOAM Products during the first two years after its First Commercial Sale to the end use market. Notwithstanding anything to the contrary contained herein, BioActive VITOSS FOAM Products shall have separate and independently calculated Minimum Unit Sales requirements (cumulative by size and configuration) as *** CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND WILL BE FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A CONFIDENTIAL TREATMENT REQUEST UNDER 17 C.F.R. SECTIONS 200.80(B)(4) AND 230.406. stated below, where one Unit is equivalent to one part number of BioActive VITOSS FOAM Product: Year One: [***] Units Year Two: [***] Units Any failure by Orthovita to achieve Minimum Unit Sales for BioActive VITOSS FOAM Product shall not result in an increase to the BioActive VITOSS FOAM Royalty. In the event that Orthovita does not achieve Net Sales of BioActive VITOSS FOAM Products sufficient to pay royalties in the amount of [***] cumulatively during the first three years after its First Commercial Sale, Orthovita shall promptly reimburse KNC for development costs (at reasonable and billable manpower rates) for the BioActive VITOSS FOAM Products which have become Commercial Products, up to a maximum of [***] less the aggregate amount of royalties actually paid to KNC related to BioActive VITOSS FOAM Products.”
Sample 1
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Minimum Unit Sales. Orthovita agrees to achieve minimum annual unit sales of the Commercial Product(s) (the “Minimum Unit Sales”) during the first two years after the First Commercial Sale to the end use market. If Orthovita does not achieve the Minimum Unit Sales, the royalty payment due in this Section 6 shall increase to [**]. Minimum Unit Sales following the First Commercial Sale will be as follows (any size/ any dimension) for any of the Commercial Products: Year One: [**] per year Year Two: [**] per year In the event that Orthovita does not achieve Net Sales on Commercial Products sufficient to pay royalties in the amount of [$200,000] cumulatively from the First Commercial Sale during the first three years after the First Commercial Sale, Orthovita shall promptly reimburse KNC for its development costs (at reasonable billable manpower rates) for the Commercial Products, up to a maximum of [**] less the aggregate amount of royalties actually paid to KNC under this Section 6. Minimum Unit Sales for Additional Products will be agreed upon and established after good faith reasonable negotiations by the parties prior to product launch for such Additional Products.
Sample 1
Minimum Unit Sales. PhotoMedex shall meet the following net unit sales of Metvixia (actual sales minus returns) during the Term of the Agreement: Q1 Q2 Q3 Q4 Total 2010 [**] [**] [**] [**] [**] 2011 [**] [**] [**] [**] [**] 2012 [**] [**] [**] [**] [**]
Sample 1
Minimum Unit Sales. LAVIPHARM shall achieve Product sales in the Territory during the first Contract Year of not less than (***) Units and during the second Contract Year of not less than (***) units For each subsequent Contract Year, the Minimum Unit Sales shall be a number of units equal to the sum of (i) the prior Contract Year's Minimum Unit Sales in the Territory plus (ii) fifty percent (50%) of the amount by which LAVIPHARM's actual Unit sales for such prior Contract Year exceeded such Minimum Unit Sales. LAVIPHARM shall be permitted (but shall not be obligated) to cure a failure to achieve Minimum Unit Sales for a particular Contract Year by making payment to SENETEK, within thirty (30) days after the end of such Contract Year, of the royalty that would have been due if LAVIPHARM had achieved *** Confidential portions of this material have been omitted and filed separately with the securities and Exchange Commission. such Minimum Unit Sales, provided that LAVIPHARM shall not be permitted to so cure its failure to achieve Minimum Unit Sales in two successive Contract Years.
Sample 1
Minimum Unit Sales. OrthoLogic agrees that Attributable Units will be equal to or greater than 50% of , 425,000 and 450,000 for Contract years 4 and 5 respectively (the "Minimum Unit Sales").
Sample 1

Related to Minimum Unit Sales

  • Minimum Revenue Borrower and its Subsidiaries shall have annual Revenue from sales of the Product (for each respective calendar year, the “Minimum Required Revenue”):

  • Contract Year A twelve (12) month period during the term of the Agreement commencing on the Effective Date and each anniversary thereof.

  • Minimum Payment (a) Overtime worked on a Saturday or Sunday will be paid for at the rate of double Ordinary Rates. Employees required to work on a Saturday or Sunday will be afforded a minimum 4 hours work, or be paid as if for 4 hours at the aforementioned overtime rates.

  • Calendar Year Calendar Year" for the purposes of this Agreement shall mean the twelve (12) month period from January 1st to December 31st, inclusive.

  • Minimum Purchase Broker-Dealer shall not sell fewer than $5,000 in Notes to any purchaser without the prior written consent of Issuer.

  • Minimum EBITDA Section 9.23(c) of the Loan Agreement is hereby deleted in its entirety and replaced with the following:

  • Minimum Annual Royalties Company shall pay to JHU minimum annual royalties as set forth in Exhibit A. These minimum annual royalties shall be due, without invoice from JHU, within thirty (30) days of each anniversary of the EFFECTIVE DATE beginning with the first anniversary. Running royalties and sublicense consideration accrued under Paragraphs 3.3 and 3.4, respectively, and paid to JHU during the one year period preceding an anniversary of the EFFECTIVE DATE shall be credited against the minimum annual royalties due on that anniversary date.

  • Contract Quarterly Sales Reports The Contractor shall submit complete Quarterly Sales Reports to the Department’s Contract Manager within 30 calendar days after the close of each State fiscal quarter (the State’s fiscal quarters close on September 30, December 31, March 31, and June 30). Reports must be submitted in MS Excel using the DMS Quarterly Sales Report Format, which can be accessed at xxxxx://xxx.xxx.xxxxxxxxx.xxx/business_operations/ state_purchasing/vendor_resources/quarterly_sales_report_format. Initiation and submission of the most recent version of the Quarterly Sales Report posted on the DMS website is the responsibility of the Contractor without prompting or notification from the Department’s Contract Manager. If no orders are received during the quarter, the Contractor must email the DMS Contract Manager confirming there was no activity.

  • Xxxxx Period After payment of the first Dues, the Subscriber is entitled to a grace period of 30 days for the pay- ment of any Dues due. During this grace period, the Agreement will remain in force. However, the Sub- xxxxxxx will be liable for payment of Dues accruing during the period the Agreement continues in force.

  • Minimum Annual Royalty Beginning in the calendar year after the first occurrence of SALEs, and in each succeeding calendar year thereafter, LICENSEE will pay to REGENTS a minimum annual royalty of [Written amount] U.S. Dollars ($ Number) for the life of this AGREEMENT. This minimum annual royalty will be paid to REGENTS by February 28 of each year and will be credited against the earned royalty due and owing for the calendar year in which the minimum payment is made.

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