Use It Or Lose It. (UIOLI) means an automatic application by which the underlying Cross Zonal Capacity of the non-nominated Physical Transmission Rights are not available for further Capacity Allocation and whereby Physical Transmission Right holders that do not nominate do not have rights to receive a payout; Working Day means the calendar days from Monday to Friday, with the exception of public holidays as specified on the website of the Allocation Platform;
Use It Or Lose It. (UIOLI) means an automatic process by which the underlying Cross Zonal Capacity of any Intraday Transmission Rights which are not nominated by a Registered Participant prior to any applicable UIOLI Deadline established under Article 26 is then made available for further Intraday Capacity Allocation within a subsequent Auction but the Registered Participant holding such non-nominated Intraday Transmission Rights does not have rights to receive a payout from such Auction; Use It Or Lose It Deadline (UIOLI Deadline) means the closure of the final applicable nomination gate for the relevant Intraday Transmission Right; Working Day means the calendar days from Monday to Friday, with the exception of public holidays as specified on the website of the Allocation Platform;
Use It Or Lose It. 28.1 CAPACITY RELEASE MECHANISM At any time between the Operator's publication of the Annual Schedule and the nineteenth (19th) calendar day of a given Month M-1, the Shipper may remove from its Annual Schedule all or part of the Unloadings or Energy Content scheduled for Unloading in Month M. These capacities shall be published as per Article 28.4 and should they be subscribed by another Shipper prior to the twentieth (20th) calendar day of Month M-1, this shall proceed in accordance with Article 18.
Use It Or Lose It. (a) The Spot Capacity Fees under this Agreement are applicable irrespective of whether or not Spot Cargo User utilizes the Spot Cargo Service to the full extent set out in clause 5.1(b).
Use It Or Lose It. (a) The Annual Gross Tariff amount calculated pursuant to clause 6.2(b) is applicable irrespective of the amount of ReqSOS that the Terminal User requests in the AP Process. For the avoidance of doubt, if the Terminal User requests zero ReqSOS in the Annual Plan the Terminal User is still obliged to pay the full amount of the Annual Gross Tariff for the entire TUA Reserved Capacity.
Use It Or Lose It. CLAUSE The Shipper may ask the Operator to sell capacities that the Shipper does not plan to use to a third party or another Shipper. The Shipper should inform the Operator, at the latest on the twentieth (20th) day of Month M-1, of its Request for a Monthly Unloading Schedule for month M as well as its guideline Unloading schedule for Months M+1 and M+2. The Operator shall publish, on the twenty-fifth (25th) day of Month M-1 for month M, the available capacity, taking into account the subscribed capacity that is not subject to a scheduling request. For information purposes, it shall also publish this data for Months M+1 and M+2. It shall update this information daily. The Shipper shall have the option of explicitly renouncing its capacity to access the Terminal for Months M+1 and M+2. The possible subscription of these capacities by another shipper shall be carried out in accordance with Article 29 of the General Terms and Conditions. The available access capacities shall be sold by the Operator to the Shippers or third parties that have requested them, for the period in question, on a "first-come, first-served" basis, at the access tariff and under the conditions in force at the time. If the Monthly Schedule for Month M does not show any available Window of Arrival, any Unloading cancellations, except in cases of Force Majeure as provided for in Article 17, shall be recorded by the Operator and reported to the French Energy Regulation Commission (CRE). When all of the Terminal's capacities have been subscribed, the CRE may demand the restitution of the capacities subscribed by the Shipper in question in order to free up capacities at the Terminal, after analysis on a case-by-case basis. Should access to the Terminal's regasification capacities be congested, and at the request of the CRE, the Operator will provide it with all of the information on the reservation requests over the period affected by this congestion.
Use It Or Lose It. 5.1 Use it or lose it: Toll Rail’s right of exclusivity in respect of individual Line Segments is on a “use it or lose it” basis as follows:
Use It Or Lose It. (a) Opco’s access rights to individual line segments will be on a “use it or lose it” basis. Opco will lose its exclusivity in respect of a line segment if its average annual freight levels over any rolling 3 year period fall below the threshold for that line segment set out in the Annex to this Schedule. Opco shall lose its exclusivity in respect of the Wellington metro line segments if its passenger levels fall below those in the Core Lease. Annual periods are to be measured from 1 July to 30 June in each year.
Use It Or Lose It. If the Shipper does not utilise all or part of the Reserved Capacity at any Entry Point or Exit Point, the Shipper acknowledges that such unused Reserved Capacity shall be subject to mandatory regulatory "use it or lose it" procedures as detailed in the Network Code.
Use It Or Lose It. The commitments of any Lender receiving any request by any member of the Group of the Facility Agent for any consent or approval under the Finance Documents which does not respond to such request within 15 Business Days (or such other period as HoldCo and the Facility Agent may agree) or which has given the Facility Agent instructions that it will vote with the Majority Lenders will be excluded in determining whether that consent or approval is granted.
