during which such Container Shortfall exists will be reduced by a quantity (“Container Shortfall Quantity”) calculated in accordance with the following formula:
[[Organization A:Organization]], Transporter, or any Third Party Service Provider (“Delivery Shortfall Quantity”), then upon the request of [[Organization A:Organization]], [[Organization B:Organization]] shall use reasonable efforts to reschedule pursuant to [Section 8.4] as soon as reasonably practicable thereafter, such Delivery Shortfall Quantity in the ADP or the current or a future 90-Day Schedule during the Commercial Operations Period in which such Delivery Shortfall Quantity accrued, and [[Organization B:Organization]] shall use reasonable efforts to allocate such Delivery Shortfall Quantity to [[Organization B:Organization]]’s Facilities that have capacity to accept additional LNG; provided, however, that [[Organization B:Organization]] shall have no obligation to undertake any rescheduling where such Delivery Shortfall Quantity would decrease the amount of LNG allocated to [[Organization B:Organization]]’s Facilities on the islands of Maui and Hawai‘i during such Commercial Operations Period. [[Organization B:Organization]] shall act as a Reasonable and Prudent Operator in rescheduling and allocating any Delivery Shortfall Quantity. If a Delivery Shortfall Quantity is rescheduled in accordance with this [Section 5.8.3], then [[Organization A:Organization]] shall have no liability to [[Organization B:Organization]] for such Delivery Shortfall Quantity.
15 Shortfall Amount
Section # Shortfall Reserve Account.
The number of shares issuable will be reduced proportionately to the shortfall in the minimum gross revenue for any year. However, such a shortfall will be allowed to be carried over to the next year and allotted if the minimum gross revenue for that year exceeds the amount designated as minimum gross revenue for that year plus the shortfall of the previous year.
the aggregate amount that would be required to be distributed to Unitholders to equal the product of the Base Unit Amount on the Record Date for such Quarter multiplied by the First Target Quarterly Distribution; 1.1.5 “Aggregate Shortfall” means the sum of the Shortfalls in all preceding Quarters, subject to the adjustments set forth below, provided that, upon the expiration of the Purchase Price Adjustment Period, the Aggregate Shortfall will be equal to zero. For each additional Common Unit received by NEE Partners during the Purchase Price Adjustment Period, the Aggregate Shortfall will be increased by an amount equal to the portion of the Aggregate Shortfall attributable to each outstanding Common Unit held by NEE Partners immediately prior to such issuance. The Aggregate Shortfall will be reduced, in whole or in part and without duplication, in any subsequent Quarter in the amount by which the Available Cash from Operating Surplus distributed by NEE Operating LP to its Unitholders in such Quarter is greater than the Shortfall Threshold, provided that the Aggregate Shortfall will be reduced only to the extent that corresponding Purchase Price Adjustments required to be paid by NEE Operating LP have been so paid;
“Collateral Shortfall Amount” is defined in [Section 9.1(A)] hereof.
“Currency Shortfall” has the meaning set forth in [Section 4.06(b)].
any shortfall which arises on the enforcement of the Transaction Security.
The consequence of the shortfall of the eligible project costs is an aliquot reduction of the funding.
Petro will execute (for the benefit of the Company) a pledge of its shares and ownership in the Company as collateral for its obligation to fund the Shortfall (the Pledge). In the event that Petro fails to satisfy the Shortfall in full within fifteen (15) days of a demand by the board, then the Company will be entitled to exercise its rights under the Pledge;
•If a loan has not been repaid before it becomes due and payable in full, the Shares purchased with the loan proceeds will be sold, the proceeds of the sale will be applied to repayment of the loan and any shortfall of proceeds to loan balance, including any accrued interest, will be due and payable immediately by the Participant. If a Participant is receiving severance on a salary continuance basis, and the loan has not been retired by the next to last month of the severance, the Shares will be sold at that time and any shortfall of proceeds to loan balance will be deducted from the last month of severance payment.(Interest will continue to accrue and be payable on the same basis as when the Participant was active (for example, semimonthly or quarterly).) If the last month of severance payment is not sufficient to cover the shortfall, the remaining shortfall will be due and payable immediately by the Participant.
Credit Agreement. This Agreement executed by the Company and each of the Agents and the Banks;
Credit Information. As to each consumer report (as defined in the Fair Credit Reporting Act, Public Law 91-508) or other credit information furnished by [[Organization C:Organization]] to [[Organization B:Organization]], that [[Organization C:Organization]] has full right and authority and is not precluded by law or contract from furnishing such information to [[Organization B:Organization]] and [[Organization B:Organization]] is not precluded from furnishing the same to any subsequent or prospective purchaser of such Mortgage. [[Organization C:Organization]] shall hold [[Organization B:Organization]] harmless from any and all damages, losses, costs and expenses (including reasonable attorney’s fees) arising from disclosure of credit information in connection with [[Organization B:Organization]]’s secondary marketing operations and the purchase and sale of mortgages or Servicing Rights thereto.
Credit Agreement. Counterparts of this Agreement, duly executed by each Lender and Borrower;
Credit Decision. Each Lender acknowledges that none of the Agent-Related Persons has made any representation or warranty to it, and that no act by Agent hereinafter taken, including any review of the affairs of Borrower and its Subsidiaries or Affiliates, shall be deemed to constitute any representation or warranty by any Agent-Related Person to any Lender. Each Lender represents (and by its entering into a Bank Product Agreement, each Bank Product Provider shall be deemed to represent) to Agent that it has, independently and without reliance upon any Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of Borrower and any other Person party to a Loan Document, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to Borrower. Each Lender also represents (and by its entering into a Bank Product Agreement, each Bank Product Provider shall be deemed to represent) that it will, independently and without reliance upon any Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of Borrower and any other Person party to a Loan Document. Except for notices, reports, and other documents expressly herein required to be furnished to the by Agent, Agent shall not have any duty or responsibility to provide any Lender (or any Bank Product Provider) with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of Borrower and any other Person party to a Loan Document that may come into the possession of any of the Agent-Related Persons.
Credit Rating. The Borrowers at all times use commercially reasonable efforts to cause to be maintained # a corporate rating for the Borrowers from S&P, # a corporate family rating for the Borrowers from Moody’s and # a rating for each of the Facilities from each of S&P and Moody’s.
Earnings Credit. “Earnings Credit” means the investment adjustment credited to a Participant’s Account pursuant to Section 3.3 or Section 3.4 as applicable.
Credit Policy. Subject to [Section 6.01(h)], the Borrower will not consent to ’s amendment, modification, restatement or replacement, in whole or in part, of the Credit Policy, which change could adversely affect the interests or the remedies of the Secured Parties under the Basic Documents, without the prior written consent of the Administrative Agent (acting at the direction of the Required Lenders) (and the Required Lenders shall use commercially reasonable efforts to respond to such consent request within five (5) Business Days of their receipt thereof).
AllDrafts is a cloud-based editor designed specifically for contracts. With automatic formatting, a massive clause library, smart redaction, and insanely easy templates, it’s a welcome change from Word.
And AllDrafts generates clean Word and PDF files from any draft.