Purchase Cap definition
Examples of Purchase Cap in a sentence
As used herein, “Contract Month” means each calendar month during the Delivery Period and, where (i) the Commencement Date does not fall on the first day of a calendar month, the remaining portion of such initial Contract Month, or (ii) the first to occur of the Ten Year Anniversary Date or the date on which the SREC Purchase Cap is achieved, does not fall on the last day of a calendar month, the portion of such last Contract Month immediately prior to and including the Ten Year Anniversary Date.
The Parties acknowledge and agree that for each Product Group and Produce SKU, as applicable, Supplier shall not be required to supply an amount of Product in any Fiscal Year in excess of the amount set forth under the heading Maximum Allowable Purchase Cap in the Statement of Work.
Such Updated Forecast shall be consistent with the Purchase Commitment in Section 2.2(a)(ii) (or Termination Purchase Commitments, as applicable) and Allowable Purchase Cap in the Fiscal Year during which the applicable Major Supply Failure occurred, in each case reduced pro rata to account for the portion of the applicable Fiscal Year (or Termination Year, as applicable) during which Purchase Commitments (or Termination Purchase Commitments, as applicable) were not in effect.
As the highest applicable percentage ratios in respect of the Revised Purchase Cap is higher than 0.1% but less than 5%, the Supplemental Master Purchase Agreement and the transactions contemplated thereunder are subject to the reporting, announcement and annual review requirements but are exempt from the circular (including independent financial advice) and independent shareholders’ approval requirements under Chapter 14A of the Listing Rules.
Purchaser shall have no obligation to purchase any SRECs produced by Seller’s Project in excess of such SREC Purchase Cap or after the Ten Year Anniversary Date (in 1 For example, a 10 kW Project would have a contract limit of 135 SRECs (i.e., 1350 kWh x 10 kW / 1000 x 10 years).
The Allowable Purchase Cap for all subsequent Fiscal Years shall be as set forth in Section 4.6. Also, following such twenty-four (24)-month period covered by an Updated Forecast that modified the Yearly Base Forecast under Section 6.4(d)(iii), the Purchase Commitment for the remainder of the applicable Fiscal Year will be a pro-rated amount of the Purchase Commitment for such Fiscal Year (if no Updated Forecast was in place during such Fiscal Year).
The Delivery Period shall terminate at the earlier of (i) 11:59 P.M. of the date that is ten (10) years (i.e., 120 months) following the Commencement Date (the “Ten Year Anniversary Date”), or (ii) the date on which the SREC Purchase Cap (as set forth and defined in Section 8 below) is achieved, whichever first occurs.
Accordingly, the Company entered into the Supplemental Master Purchase Agreement for the revision of the Original Purchase Cap to the Revised Purchase Cap to ensure the continuing operation of the Group.
The term of this Agreement shall commence on the Effective Date and, unless earlier terminated in accordance with the provisions hereof, shall continue for an initial term which shall end on the earlier of: (i) the date that is the one (1) year anniversary of the Effective Date, or (ii) the date on which the Purchase Cap has been satisfied (the “Term”).
The prior consent of the Committee is required for the Company to purchase Shares or cancel Options at such time or times as the aggregate consideration which has been paid to Plan participants for Shares or Options exceeds the Company Purchase Cap.