Shortfalls in Supply Sample Clauses

Shortfalls in Supply. (a) Should either Party perceive that a shortfall in delivery of Products by Supplier is likely to occur for any reason, such Party shall promptly notify the other Party, and the Parties shall discuss in good faith appropriate steps to alleviate such a shortfall.
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Shortfalls in Supply. (a) If at any time following commencement of cGMP manufacture of Product at the Novasep Facility, Novasep believes that it will be unable to deliver the number of Batches ordered by Celladon for delivery during any period, Novasep shall promptly provide written notice thereof to Celladon, which notice shall include (i) the number of Batches that Novasep believes it will be unable to deliver, (ii) the reasons for Novasep’s inability to deliver such number of Batches and (iii) Novasep’s anticipated timeline for being able to deliver such number of Batches (such notice, a “Shortfall Notice”). Following delivery of a Shortfall Notice, Novasep shall be obligated to provide written notice(s) to Celladon promptly in the event there are subsequent changes in the details covered by a particular Shortfall Notice (e.g., if Novasep subsequently learns that it will be able to deliver a greater or lesser number of Batches than previously described in the Shortfall Notice or any prior update notice, or if Novasep’s anticipated timelines for curing such shortfall change).
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Shortfalls in Supply. If Supplier fails to deliver any Products at the time and place set forth in the applicable purchase order submitted under Section 2.2, Supplier shall use best efforts to cure such failure, and Customer shall have the right, at its sole option, to take any or all of the following actions: (i) require Supplier to use expedited delivery methods to complete and deliver some or all of the relevant Products; (ii) allocate or redirect some or all of the relevant Products to one or more destinations specified by Customer; and/or (iii) cancel all or any part of the corresponding purchase order.
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Shortfalls in Supply. In the case of a Supply Failure, FibroGen shall use [*] to cure such failure as soon as practicable. During such Supply Failure, FibroGen shall promptly inform Astellas in writing and provide Astellas with a reasonably detailed explanation why the Lead Time cannot be met and an indication when delivery of the Purchase Order is expected. [*]. If any Supply Failure continues in effect [*], FibroGen and Astellas shall meet and work together reasonably and in good faith to seek a prompt and commercially reasonable solution to the problem causing the Supply Failure, and [*]. For clarity, a Supply Failure will not be deemed to occur if (and to the extent that) (i) such failure is caused by a force majeure event as set out in ARTICLE 19 (ii) such failure is due to the Parties’ good faith dispute as to whether the Bulk Product conforms to the Specifications or is Non-Conforming, or (iii) Astellas is not in compliance in all material respects with its obligations under the Agreement.
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Shortfalls in Supply. If Catalent fails to meet its supply obligations to FibroGen under this Agreement, then Catalent shall use [ ] efforts to cure such failure as soon as practicable. During such supply failure, Catalent shall use [ ] efforts to allocate manufacturing capacity to the manufacture and supply of Product to FibroGen or other Designees, until such supply failure is remedied. If any supply failure continues in effect for a period of more than [ ] ([ ]) days, Catalent and FibroGen shall meet and work together reasonably and in good faith to seek a prompt and commercially reasonable solution to the problem causing the supply failure.
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Shortfalls in Supply. CPI will use best efforts to cure any shortage of supply to satisfy binding purchase commitments by Neos as soon as possible. The Parties will meet promptly and discuss in good faith commercially reasonable actions to remedy and cure such shortage of supply to satisfy binding purchase commitments by Neos, which may include the preparation of a plan by CPI to address any deficiencies or cause(s) of such shortfall. CPI shall provide a draft of the plan to Neos for review and agreement, and will consider in good faith all reasonable comments from Neos. CPI will provide reasonable periodic written status updates on their progress towards remedy and cure of such shortfalls.
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Shortfalls in Supply. If STA fails to meet its supply obligations to FibroGen under this Agreement and provided that [ ], then STA shall use [] efforts to cure such failure as soon as
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Shortfalls in Supply. (a) If Lonza fails to deliver to Altus on a timely basis, and provided that such failure is not caused by the late delivery by Altus of [***] that Altus is responsible for providing to Lonza under the terms of Section 3.12, the full amount of Bulk Product Component ordered under any Purchase Order submitted under Section 3.2 (as such quantities ordered may be limited under subsection 3.2(b)), Lonza [***] such failure [***], and Lonza also [***] with regular (at least [***], or [***] if [***] by [***]) and [***] reports on the status of its efforts, and the [***] date that [***], to cure such [***] by delivering the required amounts of Bulk Product Component on order. If such failure to delivery on a timely basis amounts of Bulk Product Component on order under a Purchase Order remains uncured by the date [***] the scheduled delivery date, then Altus may purchase from a Third Party any such amounts of such Bulk Product Component that remain on backorder. If Altus does so it shall give Lonza written notice thereof, and the relevant Purchase Order for such amounts shall be deemed canceled as to the amounts that were not previously delivered by Lonza, and Altus shall not be obligated to accept the delivery thereafter of such amounts under such Purchase Order (but Lonza may use any such amounts of the Bulk Product Component manufactured prior to such notice from Altus to fulfill future Purchase Orders by Altus of such Bulk Product Component so long as such amounts of Bulk Product Component have an appropriate period of shelf life remaining as of the time of delivery to Altus to fulfill such subsequent Purchase Orders), and Lonza shall at that point not be obligated to continue to fulfill such amounts of Batches that are on order but are past their delivery dates (but will remain fully obligated to manufacture and supply on a timely basis all other amounts of Bulk Product Component ordered by Altus under the terms of this Agreement). Lonza's obligation under this Section 3.10(a) to cure a failure to deliver amounts of Bulk Product Component ordered under any Purchase Order submitted under Section 3.2 shall terminate at the end of the calendar year following the year in which such failure occurred, provided Lonza has used best efforts to cure such failure prior to such date.
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Shortfalls in Supply. In the case of an anticipated Quantity Shortfall, FibroGen shall promptly inform AstraZeneca in writing and provide AstraZeneca with a reasonably detailed description of the Quantity Shortfall, and a proposed plan for delivering the remaining amounts of the corresponding Purchase Order. FibroGen shall use reasonable commercial efforts to allocate an amount of its remaining manufacturing capacity to supply the remaining amounts [*] and according to the schedule as agreed by Parties.
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Related to Shortfalls in Supply

  • Shortfalls (i) If the amounts described in Section 2.3 are insufficient to pay the Class A Monthly Interest on any Distribution Date, payments of interest to the Class A Noteholders will be reduced on a pro rata basis by the amount of such deficiency. The aggregate amount, if any, of such deficiency on any Distribution Date, together with the aggregate unpaid amount of any such deficiencies with respect to all prior Distribution Dates, shall be referred to as the “

  • Collateral Shortfalls In the event that amounts on deposit in the Collateral Fund at any time are insufficient to cover any withdrawals therefrom that the Company is then entitled to make hereunder, the Purchaser shall be obligated to pay such amounts to the Company immediately upon demand. Such obligation shall constitute a general corporate obligation of the Purchaser. The failure to pay such amounts within two Business Days of such demand (except for amounts to cover interest on a Mortgage Loan pursuant to Sections 2.02(d) and 2.03 (b)), shall cause an immediate termination of the Purchaser's right to make any Election to Delay Foreclosure or Election to Foreclose and the Company's obligations under this Agreement with respect to all Mortgage Loans to which such insufficiencies relate, without the necessity of any further notice or demand on the part of the Company.

  • Shortfall If, on any date, the Outstanding Advances shall exceed the Maximum Advance Amount (such excess, the "Shortfall Amount"), then the Customer shall on such date prepay the Outstanding Advances in an amount equal to such Shortfall Amount.

  • Reduction of Servicing Compensation in Connection with Prepayment Interest Shortfalls In the event that any Mortgage Loan is the subject of a Prepayment Interest Shortfall, the Servicer shall, from amounts in respect of the Servicing Fee for such Distribution Date, deposit into the Collection Account, as a reduction of the Servicing Fee for such Distribution Date, no later than the Servicer Remittance Date immediately preceding such Distribution Date, an amount up to the Prepayment Interest Shortfall; provided that the amount so deposited shall not exceed the Compensating Interest for such Distribution Date. In case of such deposit, the Servicer shall not be entitled to any recovery or reimbursement from the Depositor, the Trustee, the Issuing Entity or the Certificateholders. With respect to any Distribution Date, to the extent that the Prepayment Interest Shortfall exceeds Compensating Interest (such excess, a "Non-Supported Interest Shortfall"), such Non-Supported Interest Shortfall shall reduce the Current Interest with respect to each Class of Certificates, pro rata based upon the amount of interest each such Class would otherwise be entitled to receive on such Distribution Date. Notwithstanding the foregoing, there shall be no reduction of the Servicing Fee in connection with Prepayment Interest Shortfalls related to the Relief Act or bankruptcy proceedings and the Servicer shall not be obligated to pay Compensating Interest with respect to Prepayment Interest Shortfalls related to the Relief Act or bankruptcy proceedings.

  • Available Funds The Company will distribute its Available Funds to the Member in such amounts and at such times as the Member may determine.

  • Compensating Interest The Servicer shall remit to the Trustee on each Remittance Date an amount from its own funds equal to the Compensating Interest payable by the Servicer for the related Distribution Date.

  • Excess Finance Charge Collections Series 2018-6 shall be an Excess Allocation Series. Subject to Section 4.05 of the Agreement, Excess Finance Charge Collections with respect to the Excess Allocation Series for any Distribution Date will be allocated to Series 2018-6 in an amount equal to the product of (x) the aggregate amount of Excess Finance Charge Collections with respect to all the Excess Allocation Series for such Distribution Date and (y) a fraction, the numerator of which is the Finance Charge Shortfall for Series 2018-6 for such Distribution Date and the denominator of which is the aggregate amount of Finance Charge Shortfalls for all the Excess Allocation Series for such Distribution Date. The “Finance Charge Shortfall” for Series 2018-6 for any Distribution Date will be equal to the excess, if any, of (a) the full amount required to be paid, without duplication, pursuant to subsections 4.05(a), 4.05(b) and 4.05(c) and subsections 4.07(a) through (j) on such Distribution Date and the full amount required to be paid, without duplication, pursuant to subsections 3.02(a)(iii) and 3.02(a)(iv) of the Transfer Agreement on the related Payment Date (as such term is defined in the Transfer Agreement) over (b) the sum of (i) the Reallocated Investor Finance Charge Collections, (ii) if such Monthly Period relates to a Distribution Date with respect to the Controlled Accumulation Period or Early Amortization Period, the amount of Principal Funding Account Investment Proceeds, if any, with respect to such Distribution Date and (iii) the amount of funds, if any, to be withdrawn from the Reserve Account which, pursuant to subsection 4.12(d), are required to be included in Class A Available Funds with respect to such Distribution Date. The amount of Excess Finance Charge Collections for Series 2018-6 for any Distribution Date shall be specified in subsection 3.02(a)(v) of the Transfer Agreement. On each Distribution Date, the Trustee shall deposit into the Collection Account for application in accordance with Section 4.05 of the Agreement the aggregate amount of Excess Finance Charge Collections received by the Trustee pursuant to the Transfer Agreement on such date.

  • Compensating Interest Payments The amount of the aggregate Master Servicing Fees payable to the Master Servicer in respect of any Distribution Date shall be reduced (but not below zero) by the amount of any Compensating Interest Payment for such Distribution Date, but only to the extent that Prepayment Interest Shortfalls relating to such Distribution Date are required to be paid but not actually paid by the Servicers. Such amount shall not be treated as an Advance and shall not be reimbursable to the Master Servicer.

  • Senior Certificates Class 1-A-1, Class 1-A-2, Class 1-A-3, Class 1-A-4, Class 1-A-5, Class 1-A-6, Class 1-A-7, Class 1-A-8, Class 1-A-9, Class 1-A-10, Class 1-A-11, Class 1-A-12, Class 1-A-R, Class 30-IO and Class 30-PO Certificates.

  • Losses in Excess of the Stated Threshold In the event that the sum of the Cumulative Loss Amount under this Single Family Shared-Loss Agreement and the Stated Loss Amount under the Commercial Shared-Loss Agreement meets or exceeds the Stated Threshold, the loss/recovery sharing percentages set forth herein shall change from 80/20 to 95/5 and thereafter the Receiver shall pay to the Assuming Bank, in immediately available funds, an amount equal to ninety-five percent (95%) of the Monthly Shared-Loss Amount reported on the Monthly Certificate. If the Monthly Shared-Loss Amount reported on the Monthly Certificate is a negative number, the Assuming Bank shall pay to the Receiver in immediately available funds ninety-five percent (95%) of that amount.

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