Minimum Percentage Sample Clauses

Minimum Percentage. Project’s High Hazard Fuel Use must meet minimum percentages, as measured pursuant to Appendix B, shall be: 40% in 2016, 50% in 2017, 60% in 2018, 80% in 2019, and 80% for each subsequent year (“Minimum Percentage”). If the Seller elects a higher percentage High Hazard Fuel in the Cover Sheet, the percentages in the preceding are to be replaced with the percentages Seller entered in the Cover Sheet. The percentage of High Hazard Fuel Use will be demonstrated annually based on Seller’s Quarterly Fuel Attestations as calculated in Appendix B.
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Minimum Percentage. No less than [20%] of the value of a Certificate Owner’s Covered Asset Pool may be invested in Eligible Assets in the Core Fixed asset class category.
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Minimum Percentage. For each calendar quarter throughout the Term, Retailer and each of Retailer’s Affiliates shall purchase Merchandise in the Product Categories, the total aggregate price of which after taking into account any discounts and allowances shall be equal in amount to not less than 55% of Retailer’s gross aggregate cost of sales during such quarter of all Merchandise in all stores owned or operated by Retailer and its Affiliates during such quarter.
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Minimum Percentage. The SERVICE PROVIDER will assure that the required minimum percentage of the Title IIIB and State Service funds will be expended for the delivery of each of the following categories of service: eight percent (8%) for access services (transportation, outreach, and information and referral), eight percent (8%) for in-home services (homemaker and home health aide, visiting, telephone reassurance, chore maintenance, supportive services for families of frail elderly people including victims of Alzheimer’s disease and related disorders with neurological and organic brain dysfunction and their families), and two percent (2%) for legal assistance.
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Minimum Percentage. During each calendar year, or portion thereof, during the term of this Contract (each such period, a "Contract Period"), Industry agrees to ship, pursuant to this Contract, at least 65% of Industry's entire receipts of coal at Industry's Facility located in Roxboro, North Carolina. Surpluses in Contract Periods may not be credited against deficits in other Contract Periods. Shipments of coal by other transportation modes during periods of force majeure, which prevent Carrier from delivering to Industry a supply of coal, shall not be included in the computation of the minimum percentage hereunder. Other than with respect to the percentage requirement set forth above, Carrier acknowledges and agrees that Industry shall not be obligated to ship any minimum amount of coal pursuant to this Contract. If Industry fails to meet the percentage provision during a Contract Period, Industry agrees to pay a deficit charge to Carrier. This charge will be computed by multiplying the tonnage shortfall times one-fourth of the applicable rate (as set forth in Section 3.E. above) in effect on the last day of the applicable Contract Period. Industry shall pay this amount to Carrier within sixty (60) days after the end of the applicable Contract Period.
Sample 1
Minimum Percentage. During each Contract Period, Industry agrees to ship, pursuant to this contract, at least 95% of Industry's entire shipments of Commodity transported by all transportation modes from all originating points (whether an Origin listed under this Contract or otherwise), to Industry's Plant located at Southport, NC. Other than with respect to the ---------------- [xxx] These portions of this exhibit have been omitted and filed separately with the Commission pursuant to a request for confidential treatment. percentage requirement set forth above, Carrier acknowledges and agrees that Industry shall not be obligated to ship any minimum amount of coal pursuant to this Contract. Surplus Contract Periods may not be credited against deficit Contract Periods. Purchases of Commodity by Industry shipped by other transportation modes during periods of Force Majeure (as defined herein) which prevent Carrier from delivering to Industry a supply of Commodity shall not be included in the computation of the minimum percentage hereunder. If Industry fails to meet the percentage provision during a Contract Period, Industry agrees to pay liquidated damages ("Liquidated Damages") to the Carrier in an amount equal to $[xxx] per ton multiplied by the difference between: (a) the tons of Commodity that should have been tendered pursuant to this Contract to comply with the percentage provision, and (b) the tons that were actually tendered pursuant to this Contract. Such Liquidated Damages shall be the exclusive remedy of the Carrier if Industry fails to meet such required percentage.
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Related to Minimum Percentage

  • Ownership Limitation; Commitment Amount At the request of the Company, the Investor will inform the Company in writing of the number of Common Shares the Investor currently beneficially owns. At the request of the Investor, the Company shall promptly confirm orally or in writing to the Investor the number of Common Shares then outstanding. Notwithstanding anything to the contrary contained in this Agreement, the Investor shall not be obligated to purchase or acquire, and shall not purchase or acquire, any Common Shares under this Agreement which, when aggregated with all other Common Shares beneficially owned by the Investor and its affiliates (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder), would result in the beneficial ownership by the Investor and its affiliates (on an aggregated basis) to exceed 4.99% of the then outstanding voting power or number of Common Shares (the “Ownership Limitation”). In connection with each Advance Notice, any portion of an Advance that would (i) cause the Investor to exceed the Ownership Limitation or (ii) cause the aggregate number of Shares issued and sold to the Investor hereunder to exceed the Commitment Amount shall automatically be withdrawn with no further action required by the Company, and such Advance Notice shall be deemed automatically modified to reduce the Advance by an amount equal to such withdrawn portion; provided that in the event of any such automatic withdrawal and automatic modification, the Investor will promptly notify the Company of such event.

  • Minimum Investment Prior to the Rent Commencement Date, Tenant, at Tenant’s sole cost and expense, shall refurbish, redecorate and modernize the interiors and exteriors of the Premises, and otherwise complete the initial improvements necessary and appropriate to commence operations in the Premises (the “Initial Improvements”), at a minimum cost of the Minimum Investment Amount or less than said amount provided Tenant complies with the Concessions Design Guidelines and receives Design Review Committee approval. As-Built drawings of fire sprinkler and fire alarm systems must be submitted to Building Inspection and Code Enforcement (“XXXX”) in AUTOCAD “.DWG” format within 30 days of issuance of a Temporary Certificate of Occupancy (TCO). Within ninety (90) days after substantial completion of the Initial Improvements, Tenant must provide to City an AUTOCAD file and an electronic PDF file in accordance with the requirements as specified in the Tenant Improvement Guide and an affidavit, signed under penalty of perjury by both Tenant and Tenant’s general contractor, architect or construction manager, stating the hard construction costs paid by Tenant to complete the Initial Improvements, together with copies of paid invoices and lien waivers substantiating the costs stated in the affidavit. Such “hard construction costs,” which must equal or exceed the Minimum Investment Amount, may include architectural and engineering fees, provided the credit for such costs against the Minimum Investment Amount shall not exceed fifteen percent (15%) of the Minimum Investment Amount. The minimum investment may not include financial costs, interest, inventory, pre-opening expenses, inter-company charges related to construction, business interruption, overhead, or debt service on any construction loan, or any charges paid by Tenant to an affiliate. If Director disputes the amount of investment claimed by Tenant, Director may, at City’s expense, hire an independent appraiser to determine the cost of the investment. If the independent appraiser determines that the investment is less than the Minimum Investment Amount, the deficiency, as well as City’s costs of hiring such independent appraiser, will be paid to City by Tenant within sixty (60) days of City’s written notice of the appraiser’s determination. At any time, upon three (3) business days’ notice, City or its representatives may audit all of Tenant’s books, records and source documents related to the hard construction costs paid by Tenant to complete the Initial Improvements. If the audit reveals that the hard construction costs paid by Tenant were less than those stated in Tenant’s affidavit, then Tenant must pay City for the costs incurred by City in connection with the audit plus any additional deficiency discovered between the hard construction costs paid by Tenant and the Minimum Investment Amount. City, at City’s sole discretion, may require that Tenant comply with the terms of a Tenant Work Letter setting forth additional terms relating to Tenant’s construction of the Initial Improvements, and Tenant hereby agrees to comply with any such Tenant Work Letter.

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