Minimum Demand Sample Clauses

Minimum Demand. For forecast purposes only, MERCK expects to purchase a minimum of [***] of SUBSTANCE from CODEXIS, its AFFILIATES, or THIRD PARTY SUPPLIERS per CALENDAR YEAR, provided the demand for SUBSTANCE exists, as subject to pending regulatory approvals worldwide. This Section 4.3 provides a non-binding forecast based on current SUBSTANCE LOADING FACTORS and COMPOUND cycle time and yields and does not commit MERCK to any minimum purchase or create any financial obligation of MERCK to CODEXIS.
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Minimum Demand. Customer shall maintain an average Monthly Maximum Demand after the Delivery Commencement Date and prior to the Expansion Delivery Commencement Date which, together with the Monthly Maximum Demand of affiliates of Customer under the Industrial South Agreement, is not less than thirty-six thousand kilowatts (36,000 KW). Customer shall maintain an average Monthly Maximum Demand after the Expansion Delivery Commencement Date which, together with the Monthly Maximum Demand of affiliates of Customer under the Industrial South Agreement, is not less than one hundred thirty-five thousand kilowatts (135,000 KW). If Customer fails to maintain a Monthly Maximum Demand which, together with the Monthly Maximum Demand of affiliates of Customer under the Industrial South Agreement, is not less than thirty-six thousand kilowatts (36,000 KW) in any 3 consecutive months during any rolling 12-month period after the Delivery Commencement Date and prior to the Expansion Delivery Commencement Date, and which is not less than one hundred thirty-five thousand kilowatts (135,000 KW) in any 3 consecutive months during any rolling 12-month period after the Expansion Delivery Commencement Date (prorated in each case for 3 consecutive month periods that include the Expansion Delivery Commencement Date), DU has the authority to, and MAY at its own discretion, adjust Customer’s electric billing rate to DU’s then current lowest cost demand based electric rate for a period. If, during any 3-month period after such adjustment, Customer maintains the required Monthly Maximum Demand, DU will return Customer’s electric billing to the then current Energy Rate as defined in Section 5.3 of this A&R Agreement. The aggregate minimum demand requirement of thirty-six thousand kilowatts (36,000 KW) outlined in this Section 5.5 shall not be effective until one hundred and twenty (120) days after the Delivery Commencement Date. The aggregate minimum demand requirement of one hundred thirty-five thousand kilowatts (135,000 KW) outlined in this Section 5.5 shall not be effective until one hundred and twenty (120) days after the Expansion Delivery Commencement Date.
Minimum Demand. Notwithstanding the Customer’s requirements for kW demand or use of kWh energy, the demand for billing purposes hereunder shall not be less than 2,000 kW for any billing period.

Related to Minimum Demand

  • Minimum Debt Service Coverage The Borrower will not at any time permit the outstanding principal amount of the Unsecured Indebtedness to exceed an amount such that: (a) the Unencumbered Net Operating Income, divided by (b) Pro Forma Unsecured Debt Service Charges would be less than 1.5 for any Fiscal Quarter.

  • Minimum Commitment If for a certain Service a minimum commitment has been determined in the Agreement, the Customer guarantees to respect the minimum commitment described in the Agreement during the entire period of the Agreement. If the Customer does not respect this minimum commitment, the Customer shall pay the compensation mentioned in the Agreement. If no compensation has been mentioned in the Agreement, the Customer has to pay the applicable Charges for the respective Service, or the average of the applicable Charges if different Charges are applied for the respective Service, per missing number of its minimum commitment. Services that are timely cancelled by the Customer or Services for which the Customer has paid a cancellation fee , do not, even not partly, release the Customer from its obligation to respect the minimum commitment . Services cancelled as due to Force Majeure and Services cancelled by Lineas for other reasons than Force Majeure, will be considered as a Services ordered and paid for by the Customer. Services cancelled by the Customer or by Lineas because of holidays do not, even not partly, release the Customer from its obligation to respect its minimum commitment.

  • Minimum Amount No prepayment shall be required pursuant to Section 5.2(a)(i) (i) in the case of any Disposition yielding Net Cash Proceeds of less than $1,000,000 in the aggregate and (ii) unless and until the amount at any time of Net Cash Proceeds from Prepayment Events required to be applied at or prior to such time pursuant to such Section and not yet applied at or prior to such time to prepay Term Loans pursuant to such Section exceeds (x) $10,000,000 for a single Prepayment Event or (y) $50,000,000 in the aggregate for all Prepayment Events (other than those which are either under the threshold specified in subclause (i) or over the threshold specified in subclause (ii)(x)) in any one fiscal year, at which time all such Net Cash Proceeds referred to in this subclause (y) with respect to such fiscal year shall be applied as a prepayment in accordance with this Section 5.2.

  • Payment on Demand All amounts subject to indemnity under this Clause 12 shall be paid by the Indemnifying Party as and when they are incurred within ten Business Days of a written notice demanding payment being given to such Indemnifying Party by or on behalf of the relevant Indemnified Party.

  • Minimum Condition Section 1.1(a).........................................2

  • Minimum Net Worth The Borrower will at all times maintain Consolidated Net Worth of not less than the sum of (i) $900,000,000 plus (ii) 50% of Consolidated Net Income earned in the fiscal quarter ending December 31, 2002 (without deduction for losses) plus (iii) 50% of Consolidated Net Income earned in each fiscal year beginning with the fiscal year ending December 31, 2003 (without deduction for losses).

  • Renewal Fee Borrower agrees to pay a fee equal to one-quarter of one percent (0.25%) of the Bank’s committed amount for the Line of Credit upon any renewal of the Line of Credit.

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