Example ContractsClausesCurrency Shortfall
Currency Shortfall
Currency Shortfall contract clause examples

Shortfall Calculation. If the Actual Annual Yield falls more than ​ below the respective Target Yield in a Year, then the shortfall for the Year (the "Shortfall") will be calculated as follows:

"Currency Shortfall" has the meaning set forth in [Section 4.04(b)].

CAD-USD Volatility Reserve” means, at any time, an amount equal to the excess, if any, of # an amount equal to the quotient of # the Foreign Currency Shortfall Amount, divided by # 100% minus the CAD-USD VaR Percentage then in effect, over # Foreign Currency Shortfall Amount.

Shortfall. ​. If ​, RA will pay to [[PTC:Organization]] an amount equal ​. One half of such amount will be made on or before the applicable Measurement Date, and the balance of such amount will be paid no later than ​ after the applicable Measurement Date. In recognition of the fact that the exact amount will not be known until at or after the Measurement Date, the Parties will, approximately ​to the Measurement Date, estimate the amount (if any) in order to make it possible to make the first payment before the Measurement Date, and the Parties will then true up the exact amount owed in the second payment. In addition:

Currency Shortfall. If after receipt of an invoice from the Administrative Agent pursuant to [Section 4.06(a)] and at least two (2) Business Days prior to any Interest Payment Date, each Additional Payment Date and the Maturity Date, the Collateral Administrator shall have notified the Company, the Collateral Agent and the Administrative Agent that the Company does not have a sufficient amount of funds in a Currency on deposit in the applicable Permitted Non-USD Currency Account that will be needed # to pay to the Lenders all of the amounts required to be paid in such Currency on such date and/or # to pay any expenses required to be paid in accordance with the Priority of Payments, in each case, in such Currency required for such payment (a "Currency Shortfall"), then, so long as no Event of Default shall have occurred and be continuing or a Market Value Event has occurred, the Company shall convert (or shall direct the Collateral Agent to convert), in each case with the consent of the Administrative Agent, amounts held in the applicable Permitted Non-USD Currency Account in other Currencies into each Currency for which there is a Currency Shortfall in an amount necessary to cure such Currency Shortfall. Each such conversion shall occur no later than one Business Day prior to such Interest Payment Date, Additional Payment Date and the Maturity Date and shall be made at the relevant Spot Rate for such Currency on such date. If for any reason the Company shall have failed to effect any such currency conversion by the Business Day prior to such date, then the Administrative Agent shall be entitled to (but shall not be obligated to) direct such currency conversions on behalf of the Company.

Shortfall Credit. If there is a Shortfall for a Product in a Year, then [[Organization A:Organization]] will credit Client’s account for the amount of the Shortfall not later than ​ days after the end of each Year.

Currency. All dollar amounts referred to in this Certificate of Designations are in United States Dollars (“U.S. Dollars”), and all amounts owing under this Certificate of Designations shall be paid in U.S. Dollars. All amounts denominated in other currencies (if any) shall be converted into the U.S. Dollar equivalent amount in accordance with the Exchange Rate on the date of calculation. “Exchange Rate” means, in relation to any amount of currency to be converted into U.S. Dollars pursuant to this Certificate of Designations, the U.S. Dollar exchange rate as published in the Wall Street Journal on the relevant date of calculation (it being understood and agreed that where an amount is calculated with reference to, or over, a period of time, the date of calculation shall be the final date of such period of time).

Currency Shortfall. If after receipt of an invoice from the Administrative Agent pursuant to [Section 4.06(a)] and at least two (2) Business Days prior to any Interest Payment Date, each Additional Payment Date and the Maturity Date, the Collateral Administrator shall have notified the Company, the Collateral Agent and the Administrative Agent that the Company does not have a sufficient amount of funds in a Currency on deposit in the applicable Permitted Non-USD Currency Account that will be needed # to pay to the Lenders all of the amounts required to be paid in such Currency on such date and/or # to pay any expenses required to be paid in accordance with the Priority of Payments, in each case, in such Currency required for such payment (a "Currency Shortfall"), then, so long as no Event of Default shall have occurred and be continuing or a Market Value Event has occurred, the Company shall convert (or shall direct the Collateral Agent to convert), in each case with the consent of the Administrative Agent, amounts held in the applicable Permitted Non-USD Currency Account in other Currencies into each Currency for which there is a Currency Shortfall in an amount necessary to cure such Currency Shortfall. Each such conversion shall occur no later than one Business Day prior to such Interest Payment Date, Additional Payment Date and the Maturity Date and shall be made at the relevant Spot Rate for such Currency on such date. If for any reason the Company shall have failed to effect any such currency conversion by the Business Day prior to such date, then the Administrative Agent shall be entitled to (but shall not be obligated to) direct such currency conversions on behalf of the Company.

"Currency Shortfall" has the meaning set forth in [Section 4.04(b)].

Shortfall Calculation. If the Actual Annual Yield falls more than ​ below the respective Target Yield in a Year, then the shortfall for the Year (the “Shortfall”) will be calculated as follows:

Next results

Draft better contracts
faster with AllDrafts

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.