Cap Limit definition
Examples of Cap Limit in a sentence
Within 60 Days of the end of the Term, Seller shall provide for review and approval a determination of the final Contract Price Adjustment and Shortfall Damages Payment, given the Rate Cap Limit.
For projects that require complex review, but are under the Minor Cap Limit, a fee of $2,800 (two thousand, eight hundred dollars) shall be applied.
If for any Contract Year Seller determines that the Monthly Clean Coal Rate would result in an average incremental rate increase greater than the applicable Rate Cap Limit, then the Monthly Clean Coal Rate for each Contract Month in the next Contract Year will be adjusted downward in a manner pro- rata across all Contract Months so that the Monthly Clean Coal Rate does not result in an estimated average incremental rate increase greater than the applicable Rate Cap Limit.
On or before the third (3rd) Business Day following the Three Month Reset Date, the Six Month Reset Date or both such dates, as the case may be, the Company shall deliver to the Escrow Agent a certificate or certificates (in denominations as instructed by Subscriber) representing the Cap Limit Shares registered in the name of Subscriber or its nominee (as instructed by Subscriber) and the Initial Tranche Refund Amount.
The Commission shall determine, pursuant to section 5.2, whether the Monthly Clean Coal Rate for the next Contract Year, excluding any penalties or other payments to Seller, would result in an estimated average incremental rate increase for Buyer’s customers for the next Contract Year greater than the applicable Rate Cap Limit.
Subject to any requirements of the Commission from time to time and subject to the Rate Cap Limit, Seller may change the Monthly Contract Price, or any component thereof, based on actual Project Costs incurred or projected to be incurred by Seller.
If the Monthly Clean Coal Rate results in a rate exceeding the applicable Rate Cap Limit, then Seller shall refund to Buyer an amount equal to the difference between the Monthly Clean Coal Rate and the applicable Rate Cap Limit, multiplied by Buyer’s total annual Final Buyer Retail Sales.
For purposes of clarification, (x) the Indemnification Basket shall not apply to any claim for indemnification made by the Parent Indemnified Parties pursuant to Section 7.2(c) or Section 9.2(a)(iii) and (y) the Indemnity Cap Limit shall not apply to any claim for indemnification made by the Parent Indemnified Parties pursuant to Section 7.2(c), Section 9.2(a)(iii) or Section 9.2(b) although Parent shall at its option, have recourse to the Contingent Amount to satisfy any such claims.
The result will be multiplied by 2.015% to create the Rate Cap Limit ($/MWh).
Notwithstanding anything to the contrary contained in this Agreement, the total cumulative number of shares of Common Stock of the Company (including the 1996 Shares) owned by the Purchaser and its Affiliates shall at all times be equal to or less than the Hard Cap Limit.