Deficiency Fee definition

Deficiency Fee means payments to be made by a Committed Shipper as determined in accordance with Section 2.3 of the TSA.

Deficiency Fee means payments to be made by a Committed Shipper for Committed Volume shortfalls, as determined in accordance with such Committed Shipper’s TSA.

Deficiency Fee means the positive amount, if any, resulting from the product of (i) the difference between the Minimum Monthly Volume and the Actual Monthly Volume and (ii) [***].

Examples of Deficiency Fee in a sentence

• The Deficiency Fee shall not be deemed to be or constitute additional interest under the Loan, as it relates specifically and directly to the required deposit balances.

• Failure to maintain the Minimum Deposit Relationship will result in a fee payable to Lender equal to two percent (2%) per annum of the amount of the deficiency (the “Deficiency Fee”), which Deficiency Fee shall be charged automatically without any notice to Borrower.

• Committed Shippers who pay a Deficiency Fee shall not be entitled to any reimbursement of all or any part of such Deficiency Fee, all as set forth in the TSA.

• In the event that a Committed Shipper fails to nominate and/or Tender a volume of Light Condensate equal to the Committed Volume, it shall nevertheless pay to the Carrier the Deficiency Fee as determined in accordance with Section 2.3 of the TSA.

• In the event Borrower fails to maintain the required Minimum Deposit Relationship and the Deficiency Fee becomes due and payable by Borrower, Lender shall be entitled to either (i) set off against the Borrower’s accounts held with Lender (excluding the account established pursuant to the Escrow Agreement) in order to collect the Deficiency Fee without the requirement of notice, or (ii) send a written demand to Borrower that the Deficiency Fee be paid within ten (10) days of written notice thereof.

More Definitions of Deficiency Fee

Deficiency Fee means for each Barrel of Raw Product not delivered by Seller to Buyer below the Minimum Volume a fee equal to the product of then current Fixed Component portion of the Monthly Fractionation Fee multiplied by 42.

Deficiency Fee shall have the meaning given such term in Article VIII.

Deficiency Fee means forty cents (40.0¢) per each Barrel of Volume Deficiency. “Deficiency Make-Up Credit” shall have the meaning set forth in Section 6.4. “Deficiency Payment” shall have the meaning set forth in Section 6.3.

Deficiency Fee as defined in Section 8.1.6 of the Agreement.

Deficiency Fee means the sum of $50,000 in the event that there are no outstanding Advances in each consecutive twelve (12) month period commencing from the date of this Agreement, and in the event there are advances the Deficiency Fee shall equal $50,000, less ($50,000 multiplied by the average monthly amount of outstanding Advances divided by $1,670,000) provided that in no event shall there be a credit to the Borrower. In the event this Agreement is terminated prior to the Termination Date, the average monthly amount of outstanding advances shall be deemed to be zero for the months following the termination of this Agreement, and the Deficiency Fee shall then be due upon termination of this Agreement. 1.30. "E.R." means E.R. Receivables Corp., L.L.C. 1.31. "Eligible Accounts" means Accounts arising out of Consumer Loans, as to which Lender has been granted a first and prior perfected security interest by the Debtors, with respect to which the Account Debtor has made a Payment within the last ninety (90) days and which is presently owned by any Debtor or is part of a Portfolio Proposal approved by Lender. 1.32. "Events of Default" shall have the meaning set forth in Section 12 hereof. 1.33. "Examination Fee" means a field examination fee of Lender not to exceed $750.00 per each day of examination, provided that so long as no Event of Default is continuing, Borrower shall not be required to pay for more than one field examination in any calendar quarter. 1.34. "Financial Statements" mean the financial statements to be furnished to Lender pursuant to Section 9(t). 1.35. "GAAP" means generally accepted accounting principles then in effect and consistent with those applied in the preparation of the financial statements to be delivered pursuant to Section 9(t) hereof.

Deficiency Fee as such term is defined in Section 2.03.

Deficiency Fee means, with respect to any Collection Period, the fee set forth on Schedule E.