Supply Shortfall definition

Supply Shortfall means a failure of RTI to supply at least eighty-five percent (85%) of the Firm Orders submitted by Zimmer under this Agreement for a specific category of Implants (as designated on Exhibit A) for three (3) months in any consecutive rolling nine-month period.
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Supply Shortfall means, with respect to [*], [*] or [*] that Onyx is supplying to Ono pursuant to this Agreement: (i) Onyx’s failure to deliver [*], or failure to deliver such [*], ordered by Ono for a period of [*] after the [*]; (ii) Onyx providing notice to Ono promptly after Onyx is aware that it will not be able to [*] supply [*], or [*] supply such [*], in accordance with the terms of this Agreement, the Carfilzomib Development Supply Agreement or Carfilzomib Commercial Supply Agreement (as applicable), such that the requirements of the preceding sub-clause (i) are met; or (iii) Onyx becoming insolvent or seeking relief from [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. creditors under bankruptcy laws, or ceasing to do business, and providing notice as described in the preceding sub-clause (ii).
Sample 1
Supply Shortfall means a Pulpwood Supply Shortfall or a Sawtimber Supply Shortfall.
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Examples of Supply Shortfall in a sentence

  • In the event that Supplier does not cure any such Supply Shortfall prior to the expiration of the Supply Cure Period, Customer will receive a credit from Supplier in the amount of the Supply Shortfall and any such credit shall only be used by Customer to offset against an Order Shortfall, if any, incurred during the Term (“Supply Credits”).

  • In the event of Supplier’s failure to perform any of its material obligations under this Agreement (including failure to deliver agreed upon amounts of sand and not making up the Supply Shortfall as contemplated by Section 2.1(b)), Halliburton shall promptly give Supplier notice thereof.

  • In the event that Supplier cures any such Supply Shortfall prior to the expiration of the Supply Cure Period, Supplier shall not be in breach of this Agreement, and Customer shall not have the right to exercise any remedies hereunder.

  • Any such Supply Shortfall shall be picked up by Customer at the Pick Up Location specified in the applicable purchase order.

  • In the event of Supplier’s failure to perform any of its material obligations under this Agreement (including failure to deliver agreed upon amounts of Product and not making up the Supply Shortfall as contemplated by Section 2.1(b)), Xxxxx shall promptly give Supplier notice thereof.

  • In the event of Supplier’s failure to perform any of its material obligations under this Agreement (including failure to deliver agreed upon amounts of sand and not making up the Supply Shortfall as contemplated by Section 2.1(e)), Halliburton shall promptly give Supplier notice thereof.


More Definitions of Supply Shortfall

Supply Shortfall shall have the meaning set forth in Section 3.3.
Sample 1
Supply Shortfall means, with respect to Bulk Product, (i) Onyx’s failure to deliver [**] Bulk Product ordered by Ono for a period of [**] after the [**], (ii) Onyx providing notice to Ono promptly after Onyx is aware that it will not be able to [**] supply Product in accordance with the terms of this Agreement such that the requirements of the preceding sub-clause (i) are met, or (iii) Onyx becoming insolvent or seeking relief from creditors under bankruptcy laws, or ceasing to do business, and providing notice as described in the preceding sub-clause (ii).
Sample 1
Supply Shortfall means a failure of OEM to supply at least eighty-five percent (85%) of the Binding Orders submitted by RTI under this Agreement for a specific category of Products (as designated on Exhibit [●]) for three (3) months in any consecutive rolling nine-month period.
Sample 1

Related to Supply Shortfall

  • Accumulation Shortfall shall initially mean zero and shall thereafter mean, with respect to any Monthly Period during the Controlled Accumulation Period, the excess, if any, of the Controlled Deposit Amount for the previous Monthly Period over the amount deposited into the Principal Funding Account pursuant to subsection 4.9(c)(i) with respect to the Certificates for the previous Monthly Period.

  • Curtailment Shortfall For any Distribution Date and for any Curtailment received in the Prior Period, an amount equal to one month’s interest on such Curtailment at the Pass-Through Rate for the applicable Mortgage Loan.

  • Finance Charge Shortfall shall have the meaning specified in Section 4.09.

  • Available Funds Shortfall As defined in Section 3.03(b)(ii)(A).

  • Available Funds Shortfall Amount means, as of any Payment Date, the amount, if any, by which the aggregate amount required to be paid pursuant to clauses first through twelfth of Section 4.4(a) of the Sale and Servicing Agreement exceeds the Available Funds for such Payment Date.

  • Working Capital Shortfall means the amount by which the Anticipated Working Capital Amount exceeds Minimum Net Operating Working Capital.

  • Substitution Shortfall Amount As defined in Section 2.03(d).

  • Series Principal Shortfall means with respect to any Transfer Date, the excess, if any, of (a) (i) with respect to any Transfer Date relating to the Controlled Accumulation Period, the Controlled Deposit Amount for such Transfer Date, and (ii) with respect to any Transfer Date during the Rapid Amortization Period, the Adjusted Investor Interest over (b) the Investor Principal Collections minus the Reallocated Principal Collections for such Transfer Date.

  • Principal Shortfall For any Distribution Date, the amount, if any, by which (i) the Principal Distribution Amount for the preceding Distribution Date exceeds (ii) the aggregate amount actually distributed with respect to principal on the Non-Vertically Retained Principal Balance Certificates on such preceding Distribution Date in respect of such Principal Distribution Amount.

  • Shortfall Payment has the meaning specified in Section 3.7.

  • Daily Principal Shortfall means, on any date of determination, the excess of the Monthly Principal Payment for the Monthly Period relating to such date over the month to date amount of Collections processed in respect of Principal Receivables for such Monthly Period allocable to investor certificates of all outstanding Series, not subject to reallocation, which are on deposit or to be deposited in the Principal Account on such date.

  • Collateral Shortfall Amount is defined in Section 8.1.

  • Net Interest Shortfall With respect to any Distribution Date, the Interest Shortfall, if any, for such Distribution Date net of Compensating Interest Payments made with respect to such Distribution Date.

  • Interest Shortfall With respect to any Distribution Date and each Mortgage Loan that during the related Prepayment Period was the subject of a Principal Prepayment or constitutes a Relief Act Mortgage Loan, an amount determined as follows:

  • Excess Cash Amount means, as of any Excess Cash Measurement Date, (a) the total amount of Unrestricted Cash, less (b) the sum of (i) the applicable Minimum Cash Threshold hereto corresponding to such Excess Cash Measurement Date, (ii) the total amount of scheduled payments due by OEC and its Subsidiaries, taken as a whole, under (x) the New Notes and (y) any other Permitted Indebtedness in each case in the subsequent twelve (12) month period, (iii) projected expenses for the Issuer to conduct its operations during the subsequent twelve (12) month period, including any foreign currency conversion expenses and (iv) for any Excess Cash Measurement Date through (and including) December 31, 2024, any Fines due by OEC and its Subsidiaries for the subsequent twelve (12) month period; less (c) an amount equal to the Required Gross-Up; provided that any items already deducted from cash and short-term investments of OEC and its Subsidiaries for purposes of determining Unrestricted Cash shall not be deducted again for purposes of determining the Excess Cash Amount.

  • Deficiency Amount shall have the meaning set forth for such term in Section 4.03(a) hereof. “Department” shall mean the South Carolina Department of Revenue.

  • Shortfall Amount as defined in Section 2.6.

  • Note Interest Shortfall means, for a Class and a Payment Date, an amount equal to the excess, if any, of the Accrued Note Interest for the prior Payment Date for the Class over the amount of interest that was paid to the Noteholders of that Class on the prior Payment Date, together with interest on the excess amount, to the extent lawful, at the Note Interest Rate for the Class for that Interest Period.

  • Shortfall means, with respect to a Distribution Date, the excess (if any), of the sum of the amounts payable pursuant to clauses (v) through (viii) of Section 7.05 over Available Monies for such Distribution Date minus the amounts payable pursuant to clauses (i) through (iv) of Section 7.05 on such Distribution Date.

  • Class A Note Principal Shortfall means, as of the close of any distribution date, the excess of: • the Class A Noteholders’ Principal Distribution Amount on that distribution date, over • the amount of principal actually distributed or allocated to the class A noteholders or deposited into the accumulation account on that distribution date.

  • Principal Shortfalls shall have the meaning specified in Section 4.04.

  • Class B Note Principal Shortfall means, as of the close of any distribution date, the excess of: • the Class B Noteholders’ Principal Distribution Amount on that distribution date, over • the amount of principal actually distributed to the class B noteholders on that distribution date.

  • Class A Note Interest Shortfall means, for any distribution date, the excess of: • the Class A Noteholders’ Interest Distribution Amount on the preceding distribution date, over • the amount of interest actually distributed to the class A noteholders on that preceding distribution date, plus interest on the amount of that excess, to the extent permitted by law, at the interest rate applicable for each related class of notes from that preceding distribution date to the current distribution date.