Pro Rata Apportionment Sample Clauses

Pro Rata Apportionment. If Seller's performance is excused by an Excuse event, Seller may, for the duration of the Excuse event, apportion the available coal pro rata among Seller's other coal customers and Buyer, taking into account projected deliveries and the quantities that have historically been delivered to Buyer and to any other customers during the period(s) of the year that the Excuse event is expected to last, provided, however that where the Excuse event also gives Seller the right to declare that it is excused from performance under its agreement with any of its other coal purchasers and where Seller fails to notify any of the other purchasers of the event within the 15-day period set forth in Section 8.02, Seller shall not be entitled to apportion the available coal until Seller has so notified all other purchasers.
Sample 1
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Pro Rata Apportionment. If necessary, the Rates and Taxes will be apportioned on a pro-rata daily basis at the beginning and at the end of the Term.
Sample 1
Pro Rata Apportionment. If, as a result of force majeure, Seller at any time does not have available a sufficient amount of Maya for export to supply the aggregate amount of Maya to be sold by it hereunder to Buyer and under such commitments as Seller may have with its other customers, Seller shall not reduce the quantity of Maya sold to Buyer hereunder by a percentage greater than the percentage by which Seller reduces the aggregate amount of its sales of Maya to (i) other export customers under agreements to supply 50,000 BPD or more of Maya, or (ii) in the event such agreements represent less than twenty percent (20%) of Seller's exports of Maya, Seller's other export customers in general; it being understood that the occurrence of an event of force majeure shall not under any circumstances require Seller to purchase crude oil from any party to sell to Buyer.
Sample 1
Pro Rata Apportionment. If, as a result of force majeure, Seller at any time does not have available a sufficient amount of Maya for export to supply the aggregate amount of Maya to be sold by it hereunder to Buyer and under such commitments as Seller may have with its other customers, then Seller (a) shall not reduce the quantity of Maya sold to Buyer hereunder by a percentage greater than the percentage by which Seller reduces the aggregate amount of its sales of Maya to (i) other export customers under agreements to supply 50,000 BPD or more of Maya, or (ii) in the event such agreements represent less than twenty percent (20%) of Seller's exports of Maya, Seller's other export customers in general, and (b) in the event such force majeure is a Governmental Force Majeure, the amount by which the quantity of Maya sold and delivered to Buyer hereunder would otherwise be reduced due to such Governmental Force Majeure shall be applied by Seller first against any quantity of Maya nominated for sale and delivery to the Refinery under any other crude oil supply agreement between Seller and Buyer or any of its Affiliates to the full extent such quantity is not otherwise reduced due to force majeure under the terms of such other agreement. It is expressly understood and agreed that the occurrence of an event of force majeure shall not under any circumstances require Seller to purchase crude oil from any party to sell to Buyer.
Sample 1

Related to Pro Rata Apportionment

  • Pro Rata Payments Payments to the Holders shall be pro rata with other Holders who purchased Notes in the same oRering, based on the Principal Amount of each such Note. If a Holder receives a payment in excess of his, her, or its pro rata share, the excess shall be deemed to be held in trust for the benefit of other Holders.

  • Pro Rata Share A Participation Rights Holder’s “Pro Rata Share” for purposes of the Right of Participation is the ratio of (a) the number of Ordinary Shares (calculated on a fully-diluted and as-converted basis) held by such Participation Rights Holder, to (b) the total number of Ordinary Shares (calculated on a fully-diluted and as-converted basis) then outstanding immediately prior to the issuance of New Securities giving rise to the Right of Participation.

  • Pro Rata Treatment Except to the extent otherwise provided herein:

  • Pro Rata Distributions During such time as this Warrant is outstanding, if the Company shall declare or make any dividend or other distribution of its assets (or rights to acquire its assets) to holders of shares of Common Stock, by way of return of capital or otherwise (including, without limitation, any distribution of cash, stock or other securities, property or options by way of a dividend, spin off, reclassification, corporate rearrangement, scheme of arrangement or other similar transaction) (a “Distribution”), at any time after the issuance of this Warrant, then, in each such case, the Holder shall be entitled to participate in such Distribution to the same extent that the Holder would have participated therein if the Holder had held the number of shares of Common Stock acquirable upon complete exercise of this Warrant (without regard to any limitations on exercise hereof, including without limitation, the Beneficial Ownership Limitation) immediately before the date of which a record is taken for such Distribution, or, if no such record is taken, the date as of which the record holders of shares of Common Stock are to be determined for the participation in such Distribution (provided, however, that, to the extent that the Holder’s right to participate in any such Distribution would result in the Holder exceeding the Beneficial Ownership Limitation, then the Holder shall not be entitled to participate in such Distribution to such extent (or in the beneficial ownership of any shares of Common Stock as a result of such Distribution to such extent) and the portion of such Distribution shall be held in abeyance for the benefit of the Holder until such time, if ever, as its right thereto would not result in the Holder exceeding the Beneficial Ownership Limitation).

  • Pro Rata Treatment and Payments (a) Each borrowing by the Borrower from the Lenders hereunder, each payment by the Borrower on account of any commitment fee and any reduction of the Commitments of the Lenders shall be made pro rata according to the respective Term Percentages or Revolving Percentages, as the case may be, of the relevant Lenders.

  • Pro rata interest settlement If the Agent has notified the Lenders that it is able to distribute interest payments on a “pro rata basis” to Existing Lenders and New Lenders then (in respect of any transfer pursuant to Clause 25.5 (Procedure for transfer) or any assignment pursuant to Clause 25.6 (Procedure for assignment) the Transfer Date of which, in each case, is after the date of such notification and is not on the last day of an Interest Period):

  • Pro Rata Shares All Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any Term Loan Commitment or any Revolving Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

  • Pro Rata Upon termination of employment for any reason other than discharge for proven or admitted dishonesty, an employee shall receive whatever vacation pay is due, prorated on the basis of the number of straight-time hours worked, provided that the employee has been in the continuous employ of the Employer for six (6) months or longer. Said vacation pay shall be prorated according to the ratio that the straight-time hours actually worked bear to 2,080 hours. The forfeiture of vacation pay for proven or admitted dishonesty shall not be retroactive beyond the employee's last anniversary date.

  • Pro Rata Sharing 63 32. Severability.........................................................64 33. Counterparts.........................................................64 34. Notices..............................................................64 35. Language.............................................................66 36. Jurisdiction.........................................................66 37.

  • Payments Pro Rata Treatment Computations Etc 28 Section 4.01 Payments..............................................................................28 Section 4.02 Pro Rata Treatment....................................................................28 Section 4.03 Computations..........................................................................29 Section 4.04 Non-receipt of Funds by the Administrative Agent......................................29 Section 4.05 Set-off, Sharing of Payments, Etc.....................................................29 Section 4.06 Taxes.................................................................................30

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