Capacity Reduction Sample Clauses

Capacity Reduction a. Seller may reduce the Contract Capacity specified in Section 1.5, provided that Seller gives Edison prior written notice for a period determined by the amount of Contract Capacity reduced as follows:
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Capacity Reduction a. Seller may reduce the Contract Capacity specified in Section 1.5, provided that Seller gives Edison prior written notice for a period determined by the amount of Contract Capacity reduced as follows: Amount of Contract Length of Capacity Reduced Notice Required 25,000 kW or under 12 months 25,001 - 50,000 kW 36 months 50,001 - 100,000 kW 48 months over 100,000 kW 60 months
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Capacity Reduction. If a Force Majeure occurs that reduces the EEP of the System and Contractor determines the System cannot, within ninety (90) calendar days, be restored to a capacity sufficient to satisfy its obligations under this SPPA, Contractor shall give the Judicial Council written notice of such determination as soon as possible. If Contractor demonstrates to the Judicial Council’s reasonable satisfaction that the System can, within ninety (90) calendar days, be repaired and restored such that the PV System can deliver at least fifty percent (50%) of the applicable EEP for the remaining Term, then Contractor may elect to prosecute such repairs as necessary to deliver at least 50% of the applicable EEP for the remaining Term. Contractor must notify the Judicial Council of such election in writing, which notice must specify the procedures and dates for the planned repairs. If Contractor notifies the Judicial Council of such election, the Parties agree to amend the provisions in this SPPA relating to or derived directly from EEP, including the GEP, to reflect the capacity of the PV System that remains operable after Contractor’s repairs pursuant to this section. No other terms or conditions in this SPPA shall be changed and the Term shall not be extended.
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Capacity Reduction. If a Force Majeure Event occurs that reduces the Peak Demand Reduction of the System and Licensee determines the System cannot, within the period allowed in Section 16.4 (Licensee Early Termination Rights), be restored to a capacity sufficient to satisfy its obligations under this Agreement, Licensee shall give Trustees written notice of such determination as soon as possible. If Licensee demonstrates to Trustees’ reasonable satisfaction that the System can, within the period provided in Section 16.4 of this Agreement, be repaired and restored such that the System can deliver at least fifty percent (50%) of the applicable Peak Demand Reduction for the remaining Term, then Licensee may elect to prosecute such repairs as necessary to deliver at least 50% of the applicable Peak kW demand reduction for the remaining Term. Licensee must notify Trustees of such election in writing, which notice must specify the procedures and dates for the planned repairs. If Licensee so notifies Trustees of such election, the Parties agree to amend the provisions in the Agreement relating to or derived directly from EEP and the Termination Fee to reflect the capacity of the System that remains operable after Licensees’ repairs pursuant to this section. No other terms or conditions in the Agreement shall be changed and the Term shall not be extended.
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Capacity Reduction. In case of reduction of the transportation capacity on the Transportation System, due to any reasons including, but not limited to, Force Majeure events and Maintenance on the Transportation System, such reduction shall be allocated between all Users proportionally to their Committed Flow Rate. TRANSMED, acting as a Reasonable and Prudent Operator, shall make every reasonable effort to minimize the impact of the transportation capacity reduction on the Users, also compensating the reduction with the unallocated transportation capacity, if available. The remainder of the reduction, if any, shall be allocated between all Users proportionally to their Committed Flow Rate. In case of an unforeseen event causing transportation capacity reduction, TRANSMED shall promptly inform Xxxxxxx of the reasons, the impact on transportation capacity and the estimated duration of the event. In the event that - due to a Capacity Reduction - the actual number of reduction days in a Contractual Year exceeds the maximum value of 15 (fifteen) days equivalent at full capacity, the Shipper shall be entitled to tariff reduction. Such reduction shall be calculated on the basis of 1/30th (one thirtieth) of the Monthly Fee for each day of actual reduction - equivalent at full capacity - in excess of 15 (fifteen) days and applied on the first available invoice. Transportation capacity reductions due to Force Majeure events shall result, for the entire reduction period, in a proportional reduction pro quota and pro rata temporis of the obligation to pay the Transportation Charge in accordance with the GTA. Transportation capacity reductions concerning the upstream and/or downstream transportation systems, due to whatever reason including Force Majeure, do not constitute transportation capacity reduction of the Transportation System and consequently the obligation to pay in full the Transportation Charge in accordance to the GTA.
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Capacity Reduction. In the event of: (i) any reduction to the Facility Capacity of a Project as a result of the Capacity Test under the EPC Contract for such Project or (ii) the occurrence, at the Commercial Operation Date for such Project, of any situation that would otherwise require a Mandatory Redemption pursuant to Section 4.42 hereof, the Facility Capacity may be reduced on such date in accordance with the terms of such EPC Contract and the PPA for such Project or as otherwise set forth herein and no breach or default under the Financing Documents or any relevant Major Project Contract shall be deemed to have occurred as a result of such reduction or the events giving rise thereto; provided, that, (a) within 30 days after the effective date of such reduction, the Issuer shall have delivered to the Collateral Agent and the Independent Engineer a certificate setting forth the aggregate principal amount of Notes (“Adjusted Senior Note Amount”) that could have been issued if such Notes had originally been issued with respect to the Project(s) at such reduced capacity, provided that the Projected Debt Service Coverage Ratio calculated after giving effect to such Project(s) capacity reduction and the Adjusted Senior Note Amount shall equal or exceed the projected minimum Debt Service Coverage Ratios for each annual period during the projected period covered by the Base Case Projections as set forth in the Base Case Projections (as certified by the Independent Engineer), (b) within 60 days after the Issuer’s delivery of the certificate set forth in clause (a), the Issuer shall have redeemed Notes in the aggregate principal amount, if any, by which the then aggregate outstanding principal amount of Notes exceeds the Adjusted Senior Note Amount (the “Capacity Reduction Payment”), at a price equal to par, plus accrued and unpaid interest to the date of such redemption, if any, without premium or penalty, in accordance with the provisions set forth in Section 3.09, (c) the Major Project Contracts otherwise remain in effect with respect to the Project(s) at such reduced capacity, (d) if applicable, all liquidated damages or other payments required to be paid by SunPower Corporation under the EPC Contract(s) in respect of such reduction in capacity have been paid and (e) if applicable, all payments required to be paid by the applicable Project Company under the PPAs have been paid.
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Capacity Reduction a. The Contract Capacity values specified in Section 1.3 may be reduced as a result of a change in Operating Option pursuant to Section 5.2. In addition, the Contract Capacity values specified in Section 1.3 may be derated by Edison pursuant to Section 8.1.2.2a.
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Capacity Reduction. Buyer shall notify Seller as soon as possible if there is to be a permanent decrease in the Capacity Requirement (“Capacity Reduction”). In addition, Buyer shall be deemed to have a Capacity Reduction if reduced capacity is shown on the most recent long-term forecast. Any Capacity associated with a Capacity Reduction shall be remarketed by Seller using its commercially reasonable efforts to maximize such value and no such transactions shall be executed without consultation with, and approval by, Buyer. Buyer shall pay Seller all costs Seller incurs in effectuating the Capacity Reduction, including any costs associated with hedging and other fees, costs, expenses and losses relating to selling or otherwise disposing of the Capacity, reduced by any revenues or gains realized thereby (in the aggregate, the “Resale Costs”), and Seller shall credit Buyer with an amount equal to the actual sales price for such capacity less the Resale Costs). The Parties will cooperate to use commercially reasonable efforts to reduce the cost to Buyer of a Capacity Reduction.
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Related to Capacity Reduction

  • Optional Reductions The Borrower may, upon notice to the Administrative Agent, terminate the Aggregate Revolving Commitments, or from time to time permanently reduce the Aggregate Revolving Commitments to an amount not less than the Outstanding Amount of Revolving Loans, Swing Line Loans and L/C Obligations; provided that (i) any such notice shall be received by the Administrative Agent not later than 12:00 noon five (5) Business Days prior to the date of termination or reduction, (ii) any such partial reduction shall be in an aggregate amount of $2,000,000 or any whole multiple of $1,000,000 in excess thereof, and (iii) the Borrower shall not terminate or reduce (A) the Aggregate Revolving Commitments if, after giving effect thereto and to any concurrent prepayments hereunder, the Total Revolving Outstandings would exceed the Aggregate Revolving Commitments, (B) the Letter of Credit Sublimit if, after giving effect thereto, the Outstanding Amount of L/C Obligations not fully Cash Collateralized hereunder would exceed the Letter of Credit Sublimit, (C) the Swing Line Sublimit if, after giving effect thereto and to and to any concurrent prepayments hereunder, the Outstanding Amount of Swing Line Loans would exceed the Swing Line Sublimit and (D) the Alternative Currency Sublimit if, after giving effect thereto and to any concurrent prepayments hereunder, the Outstanding Amount of Loans denominated in an Alternative Currency would exceed the Alternative Currency Sublimit.

  • Automatic Reduction Promptly following each date on which the Required Amount is reduced as a result of a reduction in the Pool Balance of the Class B Certificates or otherwise, the Maximum Commitment shall automatically be reduced to an amount equal to such reduced Required Amount (as calculated by the Borrower). The Borrower shall give notice of any such automatic reduction of the Maximum Commitment to the Liquidity Provider within two Business Days thereof. The failure by the Borrower to furnish any such notice shall not affect such automatic reduction of the Maximum Commitment.

  • Fee Reduction The Adviser agrees that from the commencement of operations of the Fund through January 31, 2020, it will reduce its compensation and/or reimburse certain expenses for the Fund, to the extent necessary to ensure that the Fund’s total operating expenses, excluding taxes, “Acquired Fund” fees and expenses, dividend and interest expense on securities sold short, interest, extraordinary items, and brokerage commissions, do not exceed (on an annual basis) 1.15%, as a percentage of the Fund’s average daily net assets.

  • Royalty Reduction If Licensed Product is royalty-bearing only on account of Section 4.3(b)(ii), then the royalty rates set forth in Section 4.3(a) with respect to Net Sales attributable to Licensed Product will be reduced by [***].

  • Reduction of Total Commitment The Borrower shall have the right at ----------------------------- any time and from time to time upon five (5) Business Days prior written notice to the Agent to reduce by $2,500,000 or an integral multiple of $500,000 in excess thereof or terminate entirely the Total Commitment, whereupon the Commitments of the Banks shall be reduced pro rata in accordance with their --- ---- respective Commitment Percentages of the amount specified in such notice or, as the case may be, terminated. Promptly after receiving any notice of the Borrower delivered pursuant to this (S)2.3, the Agent will notify the Banks of the substance thereof. Upon the effective date of any such reduction or termination, the Borrower shall pay to the Agent for the respective accounts of the Banks the full amount of any commitment fee then accrued on the amount of the reduction. No reduction or termination of the Commitments may be reinstated.

  • Excess Costs If the Permitted Costs exceeds the Finish Allowance, then Tenant shall pay all such excess costs (“Excess Costs”), provided, however, Landlord will, prior to the commencement of construction of Tenant’s Improvements, advise Tenant of the sum of the Contract Sum and the Construction Management Fee (the “Cost Estimate”). Tenant shall have five (5) business days from and after the receipt of such advice within which to approve or disapprove the Contract Sum and Cost Estimate. If Tenant fails to approve same by the expiration of the fifth such business day, then Tenant shall be deemed to have approved the Proposed Contract Sum and Cost Estimate. If Tenant disapproves the Contract Sum and Cost Estimate within such five (5) business day period, then Tenant shall either reduce the scope of Tenant’s Improvements such that the Contract Sum and Construction Management Fee do not exceed the Finish Allowance or, at Tenant’s option, Landlord shall obtain two (2) additional bids, provided that each day beyond such five (5) business day period and until the rebid is accepted by Tenant shall constitute a Tenant Delay hereunder. The foregoing process shall continue until a Contract Sum and Cost Estimate are accepted or deemed accepted by Tenant. Landlord and Tenant must approve (or be deemed to have approved) the Contract Sum for the construction of Tenant’s Improvements in writing prior to the commencement of construction.

  • Reallocation of Applicable Percentages to Reduce Fronting Exposure During any period in which there is a Defaulting Lender, for purposes of computing the amount of the obligation of each non-Defaulting Lender to acquire, refinance or fund participations in Letters of Credit or Swing Line Loans pursuant to Sections 2.03 and 2.04, the “Applicable Percentage” of each non-Defaulting Lender shall be computed without giving effect to the Commitment of that Defaulting Lender; provided, that, (i) each such reallocation shall be given effect only if, at the date the applicable Lender becomes a Defaulting Lender, no Default or Event of Default exists; and (ii) the aggregate obligation of each non-Defaulting Lender to acquire, refinance or fund participations in Letters of Credit and Swing Line Loans shall not exceed the positive difference, if any, of (1) the Commitment of that non-Defaulting Lender minus (2) the aggregate Outstanding Amount of the Committed Loans of that Lender.

  • Optional Termination and Reduction of Aggregate Credit Amounts (i) The Borrower may at any time terminate, or from time to time reduce, the Aggregate Maximum Credit Amounts; provided that (A) each reduction of the Aggregate Maximum Credit Amounts shall be in an amount that is an integral multiple of $1,000,000 and not less than $5,000,000 and (B) the Borrower shall not terminate or reduce the Aggregate Maximum Credit Amounts if, after giving effect to any concurrent prepayment of the Loans in accordance with Section 3.04(c), the total Revolving Credit Exposures would exceed the total Commitments.

  • Increased Cost and Reduced Return; Capital Adequacy (a) If any Lender determines that as a result of the introduction of or any change in or in the interpretation of any Law, or such Lender's compliance therewith, there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining Eurodollar Rate Loans or (as the case may be) issuing or participating in Letters of Credit, or a reduction in the amount received or receivable by such Lender in connection with any of the foregoing (excluding for purposes of this subsection (a) any such increased costs or reduction in amount resulting from (i) Taxes or Other Taxes (as to which Section 3.01 shall govern), (ii) changes in the basis of taxation of overall net income or overall gross income by the United States or any foreign jurisdiction or any political subdivision of either thereof under the Laws of which such Lender is organized or has its Lending Office, and (iii) reserve requirements utilized, as to Eurodollar Rate Loans, in the determination of the Eurodollar Rate), then from time to time upon demand of such Lender (with a copy of such demand to the Administrative Agent), the Borrower shall pay to such Lender such additional amounts as will compensate such Lender for such increased cost or reduction.

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