Shortfall Obligation definition
Examples of Shortfall Obligation in a sentence
Upon receipt of the Cash Commitment or Shortfall Obligation within twenty (20) days of the due date for such Cash Commitment payment, the Shares shall be re-issued to CMI.
Failure to fund a payment of the Cash Commitment within such 10-calendar-day period will result in the cancellation of the number of Shares owned by CMI with a liquidation preference equal to the unpaid portion of the Cash Commitment or Shortfall Obligation.
Any Notice of Disagreement shall specify in reasonable detail VLI’s calculation of the Shortfall and Shortfall Obligation.
If, in connection with the period of review and consultation provided for in Section 4.6(b), VLI has reason to believe that VMSC has not correctly calculated the amount of any Shortfall or Shortfall Obligation with respect to such Contract Year in accordance with this Agreement, then within 45 days following receipt of the Compliance Certificate, VLI may give VMSC a written notice of its disagreement (a “Notice of Disagreement”).
Not later than 45 days after the end of each Contract Year, the chief financial officer of VMSC shall deliver a certificate (the “Certificate”) certifying whether or not there has been a Shortfall with respect to such Contract Year and if so, the amount of any Shortfall Obligation that VMSC is obligated to pay with respect to such Contract Year pursuant to Section 4.6(e).
The scope of the Accounting Firm’s review shall include determining whether there has been a Shortfall with respect to such Contract Year and, if so, the amount of the Shortfall Obligation with respect to such Contract Year.
Neuronetics hereby agrees to defer calculation and payment of the final Existing Shortfall Obligation until the end of the 2023 Contract Year.
If, in connection with the period of review and consultation provided for in Section 9(b), the Operating Partnership has reason to believe that UDS has not correctly calculated the amount of any Shortfall or Shortfall Obligation with respect to such Measurement Period in accordance with this Agreement, then within 45 days following receipt of the Compliance Certificate, the Operating Partnership may give UDS a written notice of its disagreement (a "NOTICE OF DISAGREEMENT").
Notwithstanding the foregoing, to the extent that the Collateral has been liquidated and any Shortfall Obligation or Fee Obligation has not been paid in full, such remaining Obligation shall be a full recourse general obligation of the Pledgor, provided that (i) such full recourse general obligation shall not exceed $225,000,000, and (ii) such full recourse general obligation shall be personal to the Pledgee and not assignable to any other Person.
Neuronetics will calculate and deliver notice to Greenbrook of the remaining Existing Shortfall Obligation, if any, in accordance with Section 1.03(e) for the 2023 Contract Year.