Deficiency Payment. (a) On the earlier of (i) December 29, 2014, or (ii) 14 days after the date the sale of the last Subject Units is consummated, but in no event sooner than 15 days after the Six Month Date (the earlier of such date, the “Initial Deficiency Payment Date”), to the extent that the aggregate amount of the cash actually received or to be received by CEPM (together with any Permitted Transferee) as of the earlier of (a) December 15, 2014 and (b) the date of the sale of the last Subject Unit is consummated (the earlier date, the “Initial Determination Date”), which sale shall in no event occur prior to the passage of the Six Month Date, from the sales of the Subject Units (including the proceeds of the sale of the $1 million of Subject Units to SEPI pursuant to Section 4 and any amounts received or to be received pursuant to Section 9(b) that SEPI is electing to purchase, which each shall be counted as a sale of Subject Units) is less than the Subject Unit Target Proceeds, SEPI or its designee (other than CEP) will pay, on the Initial Deficiency Payment Date, by wire transfer of immediately available funds to the account specified by CEPM prior to such time, to CEPM an amount, if any, equal to the lesser of (i) the shortfall amount from the Subject Unit Target Proceeds calculated as set forth below (the “Shortfall Amount”), or (ii) $5 million (such lesser amount, the “Deficiency Payment”). Notwithstanding anything in Section 9 or 10 to the contrary, any references therein to a sale, or consummation of a sale, or similar references, when used in reference to the Six Month Date, shall be deemed to include any time that a sale would be deemed to occur for purposes of Section 16 of the Exchange Act and the rules and regulations thereunder. If CEPM (together with any Permitted Transferee) continues to hold more than 1 million Class B Units on the Initial Determination Date, CEPM may elect in its sole discretion, by giving at least seven days’ written notice to SEPI prior to the Initial Determination Date, to exercise a four-month delay in the Determination Date to April 15, 2015 (the “Delayed Determination Date”), and during such four-month period CEPM (together with any Permitted Transferee) shall use commercially reasonable efforts to sell the remainder of the Subject Units. However, if CEPM elects this delay to the Delayed Determination Date, the Initial Deficiency Payment Date shall also be delayed by four months to April 29, 2015 and no payment will be due from SE...
Deficiency Payment. If upon return the Airframe or any Engine (including any Replacement Engine) (each, an "Item of Equipment") is below the minimum standard applicable thereto specified in Section C (the "Minimum"), Lessor shall accept return of the Aircraft provided that the other return conditions set forth in this Annex B have been satisfied or waived by Lessor upon payment to Lessor of the excess, if any, of (i) the sum of the Deficiency Amounts (as such term is defined below) for all such Items of Equipment over (ii) the sum of the Credit Amounts (as defined below) for all such Items of Equipment; provided that if there is no such excess, Lessor shall accept return of the Aircraft without any payment by Lessee. For purposes of this Section D, "Performance Costs," with respect to any Item of Equipment, shall mean the cost of performing the applicable overhaul or refurbishment on which the Minimum for such Item of Equipment is based at a rate equal to 110% of the direct cost to Lessee of performing such work or, if Lessee does not perform such work, at a rate then charged by an outside maintenance provider to Lessee for performing such work; "
Deficiency Payment. Sublessee shall pay any deficiency on the first day of the month immediately following the month in which the amount of such deficiency is ascertained by Sublessor, provided that in no event shall Sublessor be required to make such payment upon fewer than five (5) days’ prior written notice.
Deficiency Payment. If Customer has a Deficiency Quantity in any Month, then, as soon as practicable following the end of such Month, Transporter shall deliver to Customer a written notice/invoice (the “Deficiency Invoice”), which shall specify in reasonable detail (a) the Deficiency Quantity, and (b) the dollar amount that would have been paid by Customer to Transporter if Customer had shipped the Minimum Volume Commitment each day during that Month. Customer shall make a payment to Transporter equal to the sum of (i) the Deficiency Quantity, SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH FIVE ASTERISKS (*****). multiplied by (ii) the Priority Service Tariff Rate applicable during such Month (the “Deficiency Payment”). Customer shall pay the Deficiency Payment to Transporter within fifteen (15) days of Customer’s receipt of the Deficiency Invoice related thereto. An illustrative example of the calculation of the Deficiency Payment is attached as Schedule D.
Deficiency Payment. In agriculture, this sum is paid by governments to producers of certain commodities and based on the difference between a target price and the domestic market price or loan rate, whichever is the less. – 'Denial of an export' is the refusal by a member of an export control regime to grant an export authorisation for a dual use items on ground of conflict with national foreign and security policy. – WTO members have no obligation to extend the benefits of a trade agreement to non-members. – see DC – see DDR – ECA extending a loan directly to a buyer/borrower in a third country.
Deficiency Payment. As soon as practicable after CPP determines that there will be a Development Cost Deficiency under Subsection 4.1.7 above, CPP must preliminarily estimate the total Development Cost Deficiency and provide TILLOTTS that preliminary estimate in writing, accompanied by the reasonably detailed analysis leading to that estimate and any reasonable supporting documentation. On or before the date ten business days after TILLOTTS’ receipt of that written preliminary estimate, the parties will convene a meeting to arrive at a final estimate of the Development Cost Deficiency and the timing and manner of TILLOTTS’ making the Deficiency Payments. To the extent TILLOTTS elects to apply the Deficiency Payments toward the purchase of Restricted Stock as provided under Subsection 4.1.7(b) above, CPP will have no obligation to repay the Deficiency Payments.
Deficiency Payment. If the aggregate proceeds of sale of all Assets received by the Obligee from sales to third parties pursuant to clause (ii), after deducting therefrom the aggregate amount of all costs incurred by the Obligee in connection with such sales (such net amount being hereinafter referred to as "Net Proceeds of Sale") are less than the aggregate Estimated Residual Value of all of the Assets as of the Termination Date, the Obligor shall, on the Termination Date, pay to the Obligee as an end of term Hire adjustment, in immediately available funds, (x) an amount equal to such deficiency (a "Deficiency") as an adjustment to the Basic Hire payable under this Agreement for such Assets, plus (y) the Basic Hire due and payable for such Assets on the Termination Date, plus (z) any Supplemental Hire then due and owing to the Obligee or any other Indemnified Person hereunder (including all amounts due pursuant to Section 28(b)(iii)); provided, however, that if no Default or Event of Default shall have occurred and be continuing hereunder, the amount of the Deficiency payable by the Obligor with respect to the Assets covered by such Asset Use Supplement shall not exceed the Maximum Obligor Risk Amount as set forth in such Asset Use Supplement for such Termination Date.
Deficiency Payment. If at the end of a Calculation Period during the Delivery Period the Facility fails to achieve the Guaranteed Minimum Output, then Seller shall pay to PSE as liquidated damages an amount equal to the Deficiency Payment.
Deficiency Payment. Clark shall pay the amount of the Deficiency Payment due within thixxx (30) days of the receipt of the invoice referred to in Section 4.4.
Deficiency Payment. If the actual amount paid to DTE by Customer under Section 6.1.b. above during any contract year (defined as the first one-year period during the term and each successive one year period of the term thereafter) is less than the Minimum Annual Revenue Commitment, Customer shall pay DTE as liquidated damages and not a penalty, the difference between the Minimum Annual Revenue Commitment and the actual amount paid in the relevant contract year (“Deficiency Payment”). The Deficiency Payment shall not be less than zero and Customer shall not receive a refund of any amount paid in excess of the Minimum Annual Revenue Commitment during a contract year. Any Deficiency Payment shall be due and payable on the date specified in an invoice provided to Customer by DTE. The Deficiency Payment is exclusive of any other charges or fees that may be accrued under this Agreement and/or the Rate Book.
