Shortage Amount definition
Examples of Shortage Amount in a sentence
Although the collateral agent appointed for BNPLC as provided in the Pledge Agreement shall be entitled to hold all Collateral as security for the full and faithful performance by 3COM of 3COM's covenants and obligations under this Agreement, the Collateral shall not be considered an advance payment of the Purchase Price or any Shortage Amount or a measure of BNPLC's damages should 3COM breach this Agreement.
Any supplemental payment payable to BNPLC by 3COM, rather than by the Applicable Purchaser, pursuant to this clause (ii) is hereinafter referred to as the "Shortage Amount." If the net cash price actually paid by the Applicable Purchaser to BNPLC exceeds the Purchase Price and all other sums that are then due from 3COM to BNPLC, 3COM shall be entitled to such excess.
Claims for shortages in the amount of Product shipped by Patheon shall be dealt with as may reasonably be agreed to by the parties; provided, however, in the event that a shipment of Product received by Client or its designee is less than [**]% of the amount ordered by Client pursuant to Section 5.1(b) hereof ("SHORTAGE AMOUNT"), upon receipt of written request by Client, Patheon shall use commercially reasonable efforts to manufacture additional Product to replace the Shortage Amount.
The fees to be paid by the Client for the Shortage Amount shall be the same unit price as set forth in the invoice covering the shipment that is the subject of the Product Claim.
In the event that such Shortage Amount is less than a validated batch size, then Patheon shall manufacture the next highest validated batch size of Product ("SHORTAGE BATCH") and package such Shortage Batch in accordance with the Client's written instructions, including the Shortage Amount.
To the extent that the Calculated Rate in any month is less than the Capped Rate for that month (the "Shortage Amount"), the Base Fee for that month shall equal the Calculated Rate and the Shortage Amount shall be carried forward and paid to the extent that the Calculated Rate in any future month exceeds the Capped Rate for that month.
Subject to applicable law, we reserve the right to debit the Available Funds on your Card or Account that is issued by us, or debit any subsequent loads to the Card, for any Shortage Amount upon the occurrence of a Shortage.
In the event that the Shortage Amount is less than a validated batch size as set forth in Schedule C, then Mylan shall manufacture the next highest validated batch size of the Product (“Shortage Batch”) and package the Shortage Batch, including the Shortage Amount, in accord with Somaxon’s written instructions.
Accordingly, subject only to the tender by BNPLC of Required Documents and of any Escrowed Proceeds (if such tender is not excused because of an election by BNPLC to keep the Property under Paragraph 2(a)(ii)), the Purchase Price and the Shortage Amount, as the case may be under Paragraph 2, shall continue to be payable in all events, and the obligations of Informix hereunder shall continue unaffected by any breach of this Agreement by BNPLC.
Notwithstanding the foregoing, Mylan shall use at least the same level of effort to manufacture and ship the Shortage Amount and perform the related Manufacturing Services as Mylan’s effort for the manufacturing, quality control, quality assurance, packaging and related activities for any other customer with respect to the Manufacturing Site.