Corrections in Subsequent Periods Sample Clauses

Corrections in Subsequent Periods. As soon as practicable following the close of each Month, Transporter will send Balancing Party a statement setting forth the Monthly Operational Imbalance existing at the end of the prior Month. Any Monthly Operational Imbalance shall be corrected in accordance with the provisions of Section 8 of Rate Schedule LMS-MA of Transporter's FERC Gas Tariff, unless the Parties mutually agree otherwise.
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Corrections in Subsequent Periods. The cumulative Operational Imbalance at each Interconnection Point each month will be determined and communicated by BAMAGAS to CES electronically or in writing as soon as possible, but no later than the first business day after the last day of each month. To the extent that BAMAGAS has the right to balance in kind pursuant to the respective operational balancing agreements it enters into with CES’ upstream suppliers or transporters, as identified on Exhibit 3 to the Natural Gas Pipeline Construction and Transportation Agreement (collectively, the “BAMAGAS Balancing Agreements”), CES shall have the right to balance in kind the cumulative Operational Imbalance(s) during the month subsequent to the month in which the Operational Imbalance(s) were created (“Subsequent Month”) by nominating additional Gas quantities in accordance with the procedures of the applicable BAMAGAS Balancing Agreements. To the extent BAMAGAS does not have the right to balance in kind under any of the BAMAGAS Balancing Agreements any or all of the cumulative Operational Imbalance at each Interconnection Point during any given month or, if BAMAGAS has such right but CES fails to correct the monthly Operational Imbalance on or before the last day of the Subsequent Month, then BAMAGAS shall be entitled to cash out the remaining Operational Imbalance quantities for the same price and on the same terms and provisions as provided in the applicable BAMAGAS Balancing Agreements; it being the express intent of the Parties that BAMAGAS shall at all times be kept whole by CES and CES with respect to any differences in the price or method of balancing Operational Imbalances at each Interconnection Point each month between this Agreement and the applicable BAMAGAS Balancing Agreement(s) then in effect. Measurement of Gas under this Agreement shall be made in accordance with the applicable provisions in the FERC Gas Tariffs of the interstate pipelines interconnecting with BAMAGAS at the respective Interconnection Point(s).
Corrections in Subsequent Periods. If either Party discovers any measurement errors in the actual metered quantities of gas delivered and received at the Point which are required to be corrected by the measuring Party's FERC Gas Tariff, then such error shall be corrected in the current calendar month by adding to the Monthly Operational Imbalance Statement an adjustment reflecting the measurement errors. Such adjustment in volumes resulting from such measurement errors shall be cashed out by multiplying the adjustment by the lesser of (i) 100% of the Index Price determined pursuant to Exhibit C for the month in which the measurement error occurred, or (ii) 100% of the Index Price determined pursuant to Exhibit C for the month in which the measurement error was discovered. The correction of such measurement error on Operator's Monthly Imbalance Statement also will reflect any transportation charges owed by Operator under Section 2.2(b) above or credits owed by Destin to Operator to correct previous transportation charges. The correction shall be made to the month of flow for allocation and billing purposes. No adjustments of actual metered quantities shall be made after six (6) months from the month in which they were measured unless otherwise agreed to by the Parties. If either party disputes the measurement adjustments, it will have three (3) months after the adjustment is made to rebut the adjustment.
Corrections in Subsequent Periods. The physical flow at each Interconnection Point each month will be determined and communicated by Company to Pipeline electronically or in writing as soon as possible during the month following the month in question. The Parties agree to "in kind" balancing between the pipelines when the imbalance at the end of the month is within 1 percent of the total monthly Scheduled Quantities at the meter. Any "in kind" imbalance carried over from the prior month will become part of the current Monthly Imbalance. Any imbalance existing at the time of the implementation of a new Pipeline Operational Balancing Agreement will be held separately and settled independently. When the Monthly Imbalance is greater than 1 percent of the monthly Scheduled Quantities at the meter, the entire imbalance will be cashed out in accordance with Rate Schedule LMS-PA in Company's FERC Gas Tariff, unless the imbalance was caused by failure of Company to adjust flow control at the meter, or unless the Parties agree otherwise.

Related to Corrections in Subsequent Periods

  • Limitations and Closed Periods Notwithstanding anything to the contrary in this Indenture or the Notes:

  • Suspension Periods The Company may (i) delay the filing or effectiveness of a Registration Statement in conjunction with a Shelf Registration or Demand Registration or (ii) prior to the pricing of any underwritten offering or other offering of Registrable Securities pursuant to a Shelf Registration or Demand Registration, delay such underwritten or other offering (and, if it so chooses, withdraw any registration statement that has been filed), but in each case described in clauses (i) and (ii) above, only if (A) the Company, by decision of either its chief executive officer or its board of directors or similar governing body, determines in her or its reasonable and good faith judgement (x) that proceeding with such an offering would require the Company to disclose material non-public information that would not otherwise be required to be disclosed at that time and that the Company has, in the reasonable business judgment of its chief executive officer, a valid business purpose to continue to retain as confidential or (y) that the registration or offering to be delayed could, if not delayed, materially adversely affect any bona fide pending or proposed transaction that would be material to the Company and its subsidiaries taken as a whole, including any debt or equity financing, any acquisition or disposition, any recapitalization or reorganization or any other material transaction, whether due to commercial reasons, a desire to avoid premature disclosure of information or any other reason or (B) the registration or offering to be delayed would, if not delayed, render the Company unable to comply with requirements under the Securities Act or Exchange Act, the rules and regulations of the SEC, FINRA, or state securities authority, or other applicable laws or the requirements of any securities exchange on which the Company’s securities are listed. Any period during which the Company has delayed a filing, an effective date or an offering pursuant to this Section 4 is herein called a “Suspension Period.” If pursuant to this Section 4 the Company delays or withdraws a Demand Registration requested by the Holders, the Initiating Holders making the request shall be entitled to withdraw such request and, if they do so, such request shall not count against the limitation on the number of such registrations set forth in Section 2. The Company shall provide prompt written notice to participating Holders of the commencement and termination of any Suspension Period (and any withdrawal of a registration statement pursuant to this Section 4), but shall not be obligated under this Agreement to disclose the reasons therefor. Holders shall keep the existence of each Suspension Period confidential and refrain from making offers and sales of Registrable Securities (and direct any other Persons making such offers and sales to refrain from doing so) during each Suspension Period under the applicable Registration Statement. The Company may not commence a Suspension Period more than two (2) times during any twelve (12) month-period. Each Suspension Period shall be in effect for no more than ninety (90) days and, in the aggregate, Suspension Periods may not be in effect for more than one hundred and twenty (120) days in any twelve (12)-month period.

  • Limitation on Changes in Fiscal Periods Permit the fiscal year of the Borrower to end on a day other than December 31 or change the Borrower's method of determining fiscal quarters.

  • Conversions and Elections of Subsequent Interest Periods Subject to the limitations set forth below and in Article IV hereof, the Borrower may:

  • Changes in Fiscal Periods Permit the fiscal year of the Borrower to end on a day other than December 31 or change the Borrower’s method of determining fiscal quarters.

  • Limitations on Interest Periods Notwithstanding any other provision of this Agreement, the Borrower shall not be entitled to request (or to elect to convert to or continue as a Eurocurrency Borrowing) any Borrowing if the Interest Period requested therefor would end after the Maturity Date.

  • Fiscal Periods Change its fiscal year-end and fiscal quarter-ends to dates other than December 31 and the last day of each March, June, September and December, respectively.

  • Certain Notifications and Required Actions After the date of this Agreement, the Company shall promptly advise the Representatives in writing of: (i) the receipt of any comments of, or requests for additional or supplemental information from, the Commission; (ii) the time and date of any filing of any post-effective amendment to the Registration Statement or any amendment or supplement to any preliminary prospectus, the Time of Sale Prospectus, any free writing prospectus or the Prospectus; (iii) the time and date that any post-effective amendment to the Registration Statement becomes effective; and (iv) the issuance by the Commission of any stop order suspending the effectiveness of the Registration Statement or any post-effective amendment thereto or any amendment or supplement to any preliminary prospectus, the Time of Sale Prospectus or the Prospectus or of any order preventing or suspending the use of any preliminary prospectus, the Time of Sale Prospectus, any free writing prospectus or the Prospectus, or of any proceedings to remove, suspend or terminate from listing or quotation the Shares from any securities exchange upon which they are listed for trading or included or designated for quotation, or of the threatening or initiation of any proceedings for any of such purposes. If the Commission shall enter any such stop order at any time, the Company will use its best efforts to obtain the lifting of such order at the earliest possible moment. Additionally, the Company agrees that it shall comply with all applicable provisions of Rule 424(b), Rule 433 and Rule 430B under the Securities Act and will use its reasonable efforts to confirm that any filings made by the Company under Rule 424(b) or Rule 433 were received in a timely manner by the Commission.

  • Cure Periods An Event of Default under 17(a) above shall not be deemed to have occurred until thirty (30) business days after the non-defaulting party has provided the defaulting party with written notice specifying the event or events that if not cured would constitute an Event of Default. The Event of Default which is subject to a cure period hereunder shall not be deemed to have occurred if actions necessary and sufficient to cure are taken during the relevant cure period.

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