Excess Shortfall definition
Examples of Excess Shortfall in a sentence
Each Member shall be responsible for their applicable Membership Percentage of the Excess Shortfall Amount.
If cash collateral is required to obtain any required surety bond, such collateral shall be posted by the Partners as Capital Contributions in proportion to their respective Contribution Percentages, subject to the respective Tricon Contribution Cap and TNHC Contribution Cap and Excess Shortfall Amounts and distributions related thereto.
Except as provided in Section 4.2(b)(iii) below, each Partner shall be required to fund its Contribution Percentage of any such Guaranty Contribution Request, subject to the respective Tricon Contribution Cap and TNHC Contribution Cap and Excess Shortfall Amounts and distributions related thereto.
Accordingly, any cancellation by Purchaser of Holdback Shares pursuant to this Section 2.11 shall be effected by cancelling the number of Holdback Shares issued in the name of each Shareholder equal to such Shareholder's Pro Rata Share multiplied by the amount of the Excess Shortfall, divided by the Closing Price.
Each Shareholder entitled to receive a portion of the Merger Consideration hereunder shall be severally liable for the amount of any such Excess Shortfall pursuant to this Section 2.11 to the extent of his/her/its Pro Rata Share of the Excess Shortfall, and such liability shall be in addition to, independent of, and not subject to any deductible, limitation, threshold or exclusivity provision set forth in Article IX or elsewhere in this Agreement.
The Excess Shortfall Amount shall be paid by each Member by delivering to Parent on or prior to the Shortfall Payment Date a number of shares of Parent Preferred Stock (valued at $12.00 per share) equal in value to such Member’s Membership Percentage of the Excess Shortfall Amount.
CPT shall have the right, but not the obligation, to advance, on Owner’s behalf, the Excess Shortfall Amount (said amount, together with carrying costs equal to eight percent per annum, is hereinafter referred to as the “Infrastructure Improvements Advance Amount”).