Shortfall Payment. If for any period, Xxxx’x fails to meet its obligation to purchase the entirety of the Territory Requirements from The Lion, for any reason other than (i) The Lion’s inability or refusal to supply Products conforming to this Agreement (including on account of Force Majeure, as referred to in Section XIII(c)), or (ii) Xxxx’x exercise of its right to have Products brewed, produced, bottled and packaged at another production facility other than The Lion as set forth in Section I(d)(3) then, without prejudice to The Lion’s other rights, Xxxx’x shall pay The Lion an amount equal to the applicable Co-packing Fee for the Products that Xxxx’x was obligated to (but did not) purchase from The Lion during the applicable period (the “Shortfall Payment”).
Shortfall Payment. If, for a given Performance Year, beginning in the First Event Test Year, Lessee fails to meet the Minimum Event Levels, then Lessee, as Lessor’s sole and exclusive remedy for such failure, shall pay to Lessor within thirty (30) days of the end of such Performance Year an amount equal to the product of (x) [*****] times (y) the sum of all Target Shortfalls during such Performance Year (the “Shortfall Payment”).
Shortfall Payment. If at any time prior to the date the Division sends Respondent the first bill under Paragraph 112.c (Periodic Bill), the balance in the Anaconda Copper Mine Site Special Account falls below one-half of the pre-payment amount required under sub-Paragraph 112.a, the Division will so notify Respondent. Respondent shall, within 30 days after receipt of such notice, pay one-half of the pre-payment amount required under sub-Paragraph 112.a to the Division in accordance with the instructions provided in Paragraph 116. The amounts paid shall be deposited by the Division in the Anaconda Copper Mine Site Special Account and retained and used by the Division to conduct or finance future response actions at or in connection with the Site and not for any other purpose.
Shortfall Payment. In the event that the Actual Microsoft Revenue accrued to Microsoft in a given Year (as such term is defined in Section 3.9) is less than the Minimum Guaranteed Revenue above, FairMarket agrees to remit to Microsoft the difference no later than 45 days following the end of each Year. Minimum guarantees are viewed on an annual basis and not on a cumulative basis; for example, any shortfall that FairMarket paid to Microsoft for a given Year would not be paid back by Microsoft in future Years, even if FairMarket exceeded the Minimum Guaranteed Revenue in future Years. The Minimum Guaranteed Revenue shall apply only in the event that Microsoft meets or exceeds the Minimum Annual Visit guarantees as described in Section 3.9, but in any event, FairMarket shall pay no less than the allocable portion of Actual Microsoft Revenue for any given Year.
Shortfall Payment. If Purchaser orders fewer Product Units than [*] of the applicable Minimum Volume Commitment during any calendar year of this Agreement, Romeo may invoice Purchaser in an amount equal [*]. Purchaser will pay any invoice submitted pursuant to this Section 4(c) within thirty (30) days of the date thereof. For avoidance of doubt, a Product Unit will be deemed to be ordered by Purchaser for purposes of this Section 4(c) if (i) it is accepted by Romeo pursuant to Sections 2 (Purchase Orders) and 3 (Review and Acceptance) above; (ii) it was ordered by Purchaser but rejected by Romeo without an opportunity for Purchaser to rectify the PO; or (iii) it conforms in all respects to the lead time, pricing, specification, warranty and other terms of this Agreement. Any Shortfall Payment is contingent upon Satisfactory Completion of the Test Campaign and Romeo supplying Product Units materially in compliance with the Lead Time, Specifications and meeting the Quality Standard in the prior calendar year. For avoidance of doubt, Purchaser will not be liable for any Shortfall Payment until (1) Satisfactory Completion of the Test Campaign and (2) Romeo’s compliance with this Subsection 4(c).
Shortfall Payment. On or before the date on which the Plan is filed with the Bankruptcy Court, InfiniCom shall deposit the sum of $225,000 (the "Shortfall Principal Deposit") into an escrow account (the "Escrow Account") with an escrow company (which may be a bank or trust company) mutually acceptable to InfiniCom and Scoop (the "Escrow Holder"). The Escrow Holder shall be instructed to invest all amounts from time to time on deposit in the Escrow Account in such securities as InfiniCom and Scoop shall mutually agree. All investment earnings from such investments ("Investment Earnings") shall be credited to the Escrow Account. On or before the fifth (5th) day of each month after the date on which the Plan is filed with the Bankruptcy Court, InfiniCom shall deposit with the Escrow Holder for deposit into the Escrow Account an amount (the "Shortfall Interest Amount"; the Shortfall Principal Deposit together with all Shortfall Interest Amounts and, to the extent not included in a Shortfall Interest Amount, all Investment Earnings, collectively, the "Shortfall Deposit") equal to the difference between (a) the product of (i) $22,500 and (ii) a fraction, the numerator of which is the number of days in the calendar month preceding the payment date or, in the case of the first such payment, from and including April 1, 1999 through but excluding the payment date (each such period, an "Applicable Interest Period"), and the denominator of which shall be three hundred sixty five (365) and (b) the Investment Earnings, if any, for the Applicable Interest Period. Subject to the terms and conditions set forth in this Agreement, to the extent that the Estate of Scoop on the Effective Date has insufficient funds available to pay in full the allowed amount of all Eligible Claims (the amount of such insufficiency shall be referred to as the "Shortfall Amount"), InfiniCom and Scoop shall cause the Escrow Holder to pay to the Disbursing Agent from the Shortfall Deposit in the Escrow Account on the Closing Date for distribution to the holders of Eligible Claims in accordance with the Plan an amount (collectively, the "Shortfall Payment") equal to (x) the lesser of the Shortfall Amount or the Shortfall Principal Deposit (such lesser amount, the "Shortfall Principal Amount") plus (y) simple interest on the Shortfall Principal Amount at the rate of 10% per annum (based on a year of 365 days and actual days elapsed) from and including April 1, 1999 to but excluding the earlier of August 31, 1999 or th...
Shortfall Payment. If Client does not purchase such Minimum Requirement during a Contract Year, then within [*] after the end of such Contract Year, Client shall pay Catalent the amount calculated as follows (the “Shortfall Payment”):
Shortfall Payment. In the event OWFG is required to purchase products from an alternate supplier as a result of the failure of EEGC to supply Products of the quality, quantity, specification and/or type required by OWFG on a timely basis, for any reason whatsoever, other than a reason that is beyond the reasonable control of EEGC, EEGC shall forthwith pay to OWFG any additional costs that OWFG incurred to purchase products from an alternate supplier as a result of EEOC's failure to supply Products. In this regard, EEGC hereby authorizes OWFG to deduct such costs from any monies payable or owing to EEOC by OWFG.
Shortfall Payment. Notwithstanding any provisions of the Agreement to the contrary, Galaxy and SFI hereby acknowledge and agree that the Shortfall Payment to be made by Galaxy to SFI pursuant to the terms of the Agreement, including without limitation Sections III(C)(1), (2) and (3), shall be as determined by this Section 1.
Shortfall Payment. The Shortfall payment shall be the weighted average bulk price for the given year multiplied first by the amount of such Shortfall in that Level and then multiplied by the applicable Margin Percentage. The applicable Margin Percentage is determined by reference to the chart below. The Shortfall in the applicable year is first applied to Xxxxx 0, until the lower range of that Level is reached; then any remaining Shortfall is applied to Xxxxx 0, and so on, until the Shortfall is fully accounted for. Minimum Bulk Purchase Requirement Margin (in Kilograms) Percentage -------------- ---------- Level 1 * * Level 2 * * Level 3 * * Level 4 * * Level 5 * * Level 6 * * EXAMPLE: Schein purchases __*__ kg of Drug Substance in the first Contract Year. This amounts to a __*__ kg Shortfall. __*__ kg are in Xxxxx 0 (__*__ obligation less __*__ Xxxxx 0 minimum), __*__ kg are placed in Xxxxx 0, leaving a Shortfall of __*__ to be placed in Level 3. The total of all 3 Levels adds up to the amount of the Shortfall. Each Level amount is then multiplied by the price per kilogram for that Contract Year and then multiplied again by the applicable Margin Percentage for a total payment of $__*__. See chart below: ---------------- -------------- ------------ ---------- --------- --------- --------- ---------- --------- --------- Minimum Purchase Actual Year - 2000 Obligations Purchases Shortfall Xxxxx 0 Xxxxx 0 Xxxxx 0 Xxxxx 0 Xxxxx 0 Xxxxx 0 ---------------- -------------- ------------ ---------- --------- --------- --------- ---------- --------- --------- ---------------- -------------- ------------ ---------- --------- --------- --------- ---------- --------- --------- * * * * * * * * * Volume (kg) ---------------- -------------- ------------ ---------- --------- --------- --------- ---------- --------- --------- ---------------- -------------- ------------ ---------- --------- --------- --------- ---------- --------- --------- * * * * * * * * * Sales ($,000) ---------------- -------------- ------------ ---------- --------- --------- --------- ---------- --------- --------- ---------------- -------------- ------------ ---------- --------- --------- --------- ---------- --------- --------- * * * * * * * * * Margin Buyout ($,000) ---------------- -------------- ------------ ---------- --------- --------- --------- ---------- --------- --------- -------- * Material omitted pursuant to a request for confidential treatment. The omitted material has been filed separately with the Securi...
