Delivery Shortfalls Sample Clauses

Delivery Shortfalls. In the event of any shortfall for any reason in the volume of Black Mass available for sale or delivery by North America Seller, such shortfall shall be allocated between Traxys and Glencore on a 50-50 basis.
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Delivery Shortfalls. In the event of any shortfall for any reason in the volume of Refined Products available for sale or delivery by North America Seller, such shortfall shall be allocated between Traxys and Glencore on a 50-50 basis.
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Delivery Shortfalls. All deliveries and receipts shall, if applicable, be made ratably during each month in accordance with the monthly schedule indicated in the Confirmed Order. If Seller's Deliveries are more than 5% below the scheduled volume in any month, Purchaser shall inform Seller of such shortfall as soon as reasonably practicable. In addition to any other right contained herein, Purchaser shall then have the right to make adjustments to mitigate its losses - including, but not limited to, buying the volume shortfall from other parties. Seller shall compensate Purchaser for any replacement price in excess of the Price as well as all other reasonable costs of mitigation incurred by Purchaser. However, Seller shall not be liable in any way under this Agreement for any fees or damages due to shortfalls in Deliveries that are the direct result of Purchaser's failure to deliver Feedstock under the Feedstock Agreement.
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Delivery Shortfalls. Unless otherwise directed in writing by Buyer within [*] after Buyer's receipt of notice from BIP under Section 4.5(b) above that a manufacturing shortfall and/or delay as described above is over, BIP shall use all commercially reasonable efforts to make up all shortfalls in delivery in accordance with a Firm Order as promptly as possible and shall promptly supply Bulk Drug Substance, Drug Product and Finished Product (as applicable) to Immunex, Wyeth and/or their respective designee, as appropriate, to meet such Firm Order.
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Delivery Shortfalls. Xxxxxx shall make up any shortages in the delivered Client Product as promptly as possible, and will deliver to Client a corrective action plan within *** (***) days after receipt of Client’s notification of such shortfall. For clarity, yields are subject to variances and uncertainties, and are not guaranteed. Unexpected yields shall not be the responsibility of Xxxxxx unless due to the negligence or willful misconduct of Xxxxxx in adhering to a requirement of the MBR.
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Delivery Shortfalls. (a) Seller shall guarantee delivery of a minimum of ninety percent (90%) of the kilowatt hours of Energy set forth in Appendix B for the relevant Contract Year to the Delivery Point (“Energy Amount”) in each Contract Year. If Seller fails to deliver a minimum of ninety percent (90%) of the Energy Amount then Buyer shall deduct from amounts due to Seller an amount equal to the Shortfall Energy multiplied by the Replacement Power Cost (the “Shortfall Payment”). In the event that any amount of the Shortfall Payment due to Buyer remains outstanding four (4) months following Buyer’s determination thereof as set forth in Buyer’s notice described in Article 4.3(b) below, Seller shall pay to Buyer the full amount that remains outstanding within ten (10) Business Days of receipt of a demand for payment from Buyer.
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Delivery Shortfalls. If, at the end of a Contract Year, the Subscriber’s Allocated Percentage of Delivered Energy for such Contract Year is less than the Guaranteed Output (the “Shortfall Amount”), then Operator shall pay Subscriber an amount equal to the excess, if any, of (1) the difference between the Bill Credits that Subscriber would have received and the Payments that would have been due had the Shortfall Amount been delivered over (2) the difference between the Bill Credits that Subscriber actually received and the Payments that were actually received, in each case with respect to such Contract Year. Operator shall make such payment within forty five (45) days of the end of each Contract Year.
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Delivery Shortfalls. Capacity Commitment‌ [Note: This section will only be included for Sellers that made a capacity commitment in their Proposal.] Following the end of each Capacity Commitment Period, the Buyer will assess the Seller’s performance of its obligations in section 7.3 during the entire Capacity Commitment Period. If the Seller failed to deliver the full amount of the Designated Capacity Commitment in at least 95% of the individual Eligible Hours (as defined below) during the Capacity Commitment Period, the Seller shall pay liquidated damages to the Buyer for that Capacity Commitment Period (the “Delivery Shortfall LDs”), calculated as follows: Delivery Shortfall LDs: = $58,000/MWh; multiplied by CPIJan 1,N/CPIJan1,2024; multiplied by the Designated Capacity Commitment less the Deemed Delivered Capacity Commitment for the Capacity Commitment Period, where:
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Related to Delivery Shortfalls

  • Shortfalls (i) If the amounts described in Section 2.3 are insufficient to pay the Class A Monthly Interest on any Distribution Date, payments of interest to the Class A Noteholders will be reduced on a pro rata basis by the amount of such deficiency. The aggregate amount, if any, of such deficiency on any Distribution Date, together with the aggregate unpaid amount of any such deficiencies with respect to all prior Distribution Dates, shall be referred to as the “

  • Security shortfall If at any time the Security Value is less than the Minimum Value, the Agent may, and shall, if so directed by the Majority Lenders, by notice to the Borrowers require that such deficiency be remedied. The Borrowers shall then within 30 days of receipt of such notice ensure that the Security Value equals or exceeds the Minimum Value. For this purpose, the Borrowers may:

  • Payment of Repurchase Prices and Substitution Shortfall Amounts The Issuer hereby directs and the Depositor hereby agrees to remit or cause to be remitted all amounts in respect of Repurchase Prices and Substitution Shortfall Amounts payable during the related Due Period in immediately available funds to the Indenture Trustee to be deposited in the Collection Account on the Business Day immediately preceding the related Payment Date for such Due Period in accordance with the provisions of the Indenture. In the event that more than one Timeshare Loan is replaced pursuant to Sections 6(a), (b) or (c) hereof on any Transfer Date, the Substitution Shortfall Amounts and the Loan Balances of Qualified Substitute Timeshare Loans shall be calculated on an aggregate basis for all substitutions made on such Transfer Date.

  • Realized Losses Realized Losses shall be allocated first against the Overcollateralization Amount, until the Overcollateralization Amount has been reduced to zero. If, after giving effect to the distribution of the Principal Distribution Amount on any Distribution Date the aggregate Class Certificate Balance of the Offered Certificates exceeds the Pool Principal Balance as of the end of the related Due Period, such excess will be allocated against the Class B-3, Class B-2, Class B-1, Class M-6, Class M-5, Class M-4, Class M-3, Class M-2 and Class M-1 Certificates, in that order and until the respective Class Certificate Balances thereof are reduced to zero.

  • Allocation of Certain Interest Shortfalls For purposes of calculating the amount of Accrued Certificate Interest and the amount of the Interest Distribution Amounts for the Class A Certificates and the Class CE Certificates for any Distribution Date, (1) the aggregate amount of any Prepayment Interest Shortfalls (to the extent not covered by payments by the related Servicer pursuant to Section 3.24) incurred in respect of the Mortgage Loans for any Distribution Date shall be allocated among the Class CE Certificates on a PRO RATA basis based on, and to the extent of, one month's interest at the then applicable respective Pass-Through Rate on the respective Notional Amount of each such Certificate, (2) the aggregate amount of any Relief Act Interest Shortfalls incurred in respect of the Mortgage Loans for any Distribution Date shall be allocated first, among the Class CE Certificates on a PRO RATA basis based on, and to the extent of, one month's interest at the then applicable respective Pass-Through Rate on the respective Notional Amount of each such Certificate and, thereafter, among the Class A Certificates on a PRO RATA basis based on, and to the extent of, one month's interest at the then applicable respective Pass-Through Rate on the respective Certificate Principal Balance of each such Certificate and (3) the aggregate amount of any Realized Losses incurred for any Distribution Date shall be allocated among the Class CE Certificates on a PRO RATA basis based on, and to the extent of, one month's interest at the then applicable respective Pass-Through Rate on the respective Notional Amount of each such Certificate. For purposes of calculating the amount of Uncertificated Interest for the REMIC I Regular Interests for any Distribution Date, (1) the aggregate amount of any Prepayment Interest Shortfalls (to the extent not covered by payments by the related Servicer pursuant to Section 3.24) incurred in respect of the Mortgage Loans for any Distribution Date shall be allocated, to Uncertificated Interest payable to REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT9 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, __% and __%, respectively and (2) the aggregate amount of any Relief Act Interest Shortfalls incurred in respect of the Mortgage Loans for any Distribution Date shall be allocated first, to Uncertificated Interest payable to REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT9 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, ___% and __%, respectively, and thereafter among REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT2, REMIC I Regular Interest I-LT3, REMIC I Regular Interest I-LT4, REMIC I Regular Interest I-LT5, REMIC I Regular Interest I-LT6, REMIC I Regular Interest I-LT7, REMIC I Regular Interest I-LT8 and REMIC I Regular Interest I-LT9 PRO RATA based on, and to the extent of, one month's interest at the then applicable respective Pass-Through Rate on the respective Uncertificated Balance of each such REMIC I Regular Interest. All Prepayment Interest Shortfalls and Relief Act Interest Shortfalls on the REMIC II Regular Interests shall be allocated by the Trust Administrator on each Distribution Date among the REMIC II Regular Interests in the proportion that Prepayment Interest Shortfalls and Relief Act Interest Shortfalls are allocated to the related Uncertificated Corresponding Component.

  • Excess Cash Flow No later than ten (10) Business Days after the date on which the financial statements with respect to each fiscal year of Holdings ending on or after December 31, 2019 in which an Excess Cash Flow Period occurs are required to be delivered pursuant to Section 5.01(a) (each such date, an “ECF Payment Date”), the Borrower shall, if and to the extent Excess Cash Flow for such Excess Cash Flow Period exceeds $1,375,000, make prepayments of Term Loans in accordance with Section 2.10(h) and (i) in an aggregate amount equal to (A) the Applicable ECF Percentage of Excess Cash Flow for the Excess Cash Flow Period then ended (for the avoidance of doubt, including the $1,375,000 floor referenced above) (B) minus $1,375,000 minus (C) at the option of the Borrower, the aggregate principal amount of (x) any Term Loans, Incremental Term Loans, Revolving Loans or Incremental Revolving Loans (or, in each case, any Credit Agreement Refinancing Indebtedness in respect thereof), in each case prepaid pursuant to Section 2.10(a), Section 2.16(b)(B) or Section 10.02(e)(i) (or pursuant to the corresponding provisions of the documentation governing any such Credit Agreement Refinancing Indebtedness) (in the case of any prepayment of Revolving Loans and/or Incremental Revolving Loans, solely to the extent accompanied by a corresponding permanent reduction in the Revolving Commitment), during the applicable Excess Cash Flow Period (or, at the option of the Borrower and without duplication, after such Excess Cash Flow Period and prior to such ECF Payment Date) and (y) the amount of any reduction in the outstanding amount of any Term Loans or Incremental Term Loans resulting from any assignment made in accordance with Section 10.04(b)(vii) of this Agreement (or the corresponding provisions of any Credit Agreement Refinancing Indebtedness issued in exchange therefor), during the applicable Excess Cash Flow Period (or, at the option of the Borrower and without duplication, after such Excess Cash Flow Period and prior to such ECF Payment Date), and in the case of all such prepayments or buybacks, to the extent that (1) such prepayments or buybacks were financed with sources other than the proceeds of long-term Indebtedness (other than revolving Indebtedness to the extent intended to be repaid from operating cash flow) of Holdings or its Restricted Subsidiaries and (2) such prepayment or buybacks did not reduce the amount required to be prepaid pursuant to this Section 2.10(f) in any prior Excess Cash Flow Period (such payment, the “ECF Payment Amount”).

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