Negative Deviation definition

Negative Deviation has the meaning ascribed to it in Clause 7.1.1;
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Negative Deviation means a negative deviation of the realized aggregate EBITDA of the Company for the period from January 1, through April 30, 2004 ("Deviation Period I") determined on May 15, 2004 ("Deviation Date I") or for the period from May 1, through August 31, 2004, ("Deviation Period II") determined on September 15, 2004 ("Deviation Date II") compared with the planned aggregate EBITDA set out in the Business Plan for the financial year 2004 resolved by the shareholders (the "Business Plan EBITDA") for the respective Deviation Period on the respective Deviation Date of more than 25 (twenty-five) percent. To the extent any negative impact on the EBITDA of the Company is caused by a business measure to which at least one member of the Euronet Group consented, such negative impact shall be eliminated for the purpose of determining a Negative Deviation.
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Negative Deviation is defined as a negative change or the prospect of a negative change in excess of fifteen percent (15%) of the net income/(loss) of ECO on a quarterly basis (any accrued interest payments on loans from NRUCFC shall not be included in this calculation). This provision shall not apply to any sales of propane and other equipment that are made after a purchase order for such sales has been received by ECO or such other events as may be agreed to by the Parties in writing from time to time. At H Power's written request, ECO or EFC shall immediately take such steps as may be necessary to bring its budget back into compliance within forty-five (45) days or a Material Adverse Change shall be deemed to have occurred.
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Examples of Negative Deviation in a sentence

  • To the extent any negative impact on the EBITDA of the Company is caused by a business measure to which at least one member of the Euronet Group consented, such negative impact shall be eliminated for the purpose of determining a Negative Deviation.

  • Negative Deviation from Approved Business Plan or Approved Budget.

  • The Purchaser hereby expressly confirms and agrees that from and after the date hereof it shall have no claim whatsoever under the Agreement, including but not limited to the Seller's Representations and Warranties or any indemnities of the Seller thereunder, due to or as a result of the Negative Deviation, the Reduced Outlook, or the actual EBIT of the Industrial Packaging Division for 2001 up to Closing.

  • ECO and EFC immediately shall notify H Power anytime that there is any "Negative Deviation" from the annual EFC or ECO budget.

  • In particular, and without prejudice to the Seller's position that these Articles are not applicable anyway, the Purchaser confirms that it has no claim under Article 8.5 of the Agreement or under Section 7.1 of the Seller's Representations and Warranties with respect to the Negative Deviation, the Reduced Outlook, or the actual EBIT of the Industrial Packaging Division for 2001 up to Closing.