Deficiency Usage Sample Clauses

Deficiency Usage. A Transaction Agreement may specify that Customer will pay EESI a per kWh amount in addition to the applicable EESI Energy Price if the Actual Usage at the applicable Facilities during a specified time period is less than the Minimum Usage established for such time period.
Sample 1Sample 2
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Deficiency Usage. In the event that for any Billing Cycle, the aggregate Actual Usage within a Facility Group is less than the aggregate Minimum Usage for such Billing Cycle for such Facility Group (such difference being the "Deficiency Usage"), Sysco Corporation will pay EESI the applicable compensation provided in Section 2.12.1.1 for all of the Facility Group’s aggregate Actual Usage, such payment to be made as set forth in Section 2.3, plus, for each kWh of Deficiency Usage, EESI shall be entitled to charge Sysco Corporation an amount equal to the positive difference, if any, derived by subtracting (i) the Average Energy Price for the Facility Group for the applicable Billing Cycle from (ii) the EESI Energy Price. EESI shall credit Sysco Corporation for each kWh of Deficiency Usage, an amount equal to the negative difference, if any, derived by subtracting (x) the Average Energy Price for the Facility Group for the applicable Billing Cycle from (y) the EESI Energy Price. Credits and charges under this Section 2.2.2 shall be netted out and paid by the Party owing same to the Party to which such net amount is owed on an annual basis and reflected on the next EESI Invoice. Notwithstanding the foregoing, in no event shall the Sysco Parties or the Sysco Corporation be responsible for any Deficiency Usage which is caused by (i) EESI’s energy management activities, including without limitation a change to the Billing Cycle, a voluntary curtailment or EESI’s failure to deliver to the Utility, (ii) a Utility, or (iii) Force Majeure.
Sample 1
Deficiency Usage. In the event that for any Billing Cycle, the aggregate Actual Usage within a Facility Group is less than the aggregate Minimum Usage for such Billing Cycle for such Facility Group (such difference being the "Deficiency Usage"), Sysco Corporation will pay EESI the applicable compensation provided in Section 2.1 for all of the Facility Group’s aggregate Actual Usage plus, for each kWh of Deficiency Usage, an amount equal to the positive difference, if any, derived by subtracting (i) the weighted average Spot Energy Price for the Facility Group for the applicable Billing Cycle from (ii) the EESI Energy Price. EESI shall credit Sysco Corporation for each kWh of Deficiency Usage, an amount equal to the negative difference, if any, derived by subtracting (x) the weighted average Spot Energy Price for the Facility Group for the applicable Billing Cycle from (y) the EESI Energy Price.
Sample 1
Deficiency Usage. For each Transaction, in the event that for any Contract Year other than the first Contract Year Customer's Actual Usage is less than the Minimum Usage for such Contract Year ("Deficiency Usage"), Customer will pay EESI the applicable compensation provided in Section 3.1 for all of Customer’s Actual Usage plus, for each kWh of Deficiency Usage, a Deficiency Usage Charge calculated pursuant to the applicable Transaction Agreement.
Sample 1
Deficiency Usage. [% off pricing] In the event that for any Contract Year [other than the first Contract Year], REMOVE IF BASELINE IS 12 MONTH HISTORICAL Customer's Actual Usage is less than the Minimum Usage for such Contract Year ("Deficiency Usage"), Customer will pay EESI the applicable compensation provided in Section 2.1 for all of Customer’s Actual Usage plus, for each kWh of Deficiency Usage, an amount equal to the positive difference, if any, derived by subtracting (i) the sum of (a) the average Spot Energy Price for the applicable Contract Year and (b) the average per kWh Distribution Charges for the Facilities for such Contract Year; from (ii) the Average Energy Rate. [meter fixed price] In the event that for any Contract Year [other than the first Contract Year], Customer's Actual Usage is less than the Minimum Usage for such Contract Year ("Deficiency Usage"), Customer will pay EESI the applicable compensation provided in Section 2.1 for all of Customer’s Actual Usage plus, for each kWh of Deficiency Usage, an amount equal to the positive difference, if any, derived by subtracting (i) the sum of (a) the average Spot Energy Price for the applicable Contract Year and (b) the average per kWh Distribution Charges for the Facilities for such Contract Year; from (ii) the EESI Energy Price. [fixed price, generation only] In the event that for any Contract Year [other than the first Contract Year], Customer's Actual Usage is less than the Minimum Usage for such Contract Year ("Deficiency Usage"), Customer will pay EESI the applicable compensation provided in Section 2.1 for all of Customer’s Actual Usage plus, for each kWh of Deficiency Usage, an amount equal to the positive difference, if any, derived by subtracting (i) the average Spot Energy Price for the applicable Contract Year; from (ii) the EESI Energy Price.
Sample 1
Deficiency Usage. Commencing on April 1, 2002 and continuing through to the end of the Contract Term, if for any Contract Year or prorated portion thereof, SBC’s Actual Usage for all Facilities is less than the Minimum Usage for such Contract Year or prorated portion thereof (the “Deficiency Usage”), then SBC shall pay EESI the applicable compensation provided in Section 2.1 for all of SBC’s Actual Usage; plus, for each kWh of Deficiency Usage, an amount equal to the difference (if the resultant difference is a negative number, then neither party shall be responsible to pay the other party such difference ), if any, of (a) the Generation Rate less (b) the volume weighted Spot Energy Price (weighted over the aggregate Actual Usage for all Facilities) for the applicable Contract Year.
Sample 1
Deficiency Usage. In addition to the compensation provided for in Section 2.1, in the event that during any Contract Year after the Billing Cycle commencing in January 2005 Customer's Actual Usage is less than the Minimum Usage for such Contract Year ("Deficiency Usage"), Customer will pay EESI for each kWh of Deficiency Usage an amount equal to the positive difference, if any, derived by subtracting (i) the average Spot Energy Price for the applicable Contract Year from (ii) the EESI Energy Price. During any Contract year in which there is a Deficiency Usage, the minimum usage shall be adjusted to reflect any Tolling Period (as defined in Section 4.3 of this Agreement) during such Contract Year. Notwithstanding the foregoing, the Parties agree that if, at Customer's request and pursuant to a separate agreement, EESI implements Energy efficient technologies at any of the Facilities, including installation of self-generation equipment and implementation of Energy efficiency programs (collectively, “DSM Projects”), and, as a result thereof, Customer’s Energy usage is decreased, then, for purposes of calculating Customer's Deficiency Usage hereunder, the Minimum Usage shall be decreased on a kWh by kWh basis for such decrease in Customer’s Energy consumption resulting from the DSM Projects.
Sample 1
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Deficiency Usage. For each kWh of Deficiency Usage at each Account for each Billing Cycle, we will calculate an amount equal to the difference derived by subtracting (i) the weighted average Spot Energy Price for the applicable Billing Cycle from (ii) the EESI Energy Price. If such amount is a positive number, you will pay us that amount, and if such amount is a negative number, we will pay you the positive value of that amount. While the amounts calculated under this provision will be determined for each Billing Cycle, the Parties will settle amounts due on a net basis every six months during the Transaction Term. As used herein, “Spot Energy Price” means the weighted average (weighted in accordance with the applicable Account's Actual Usage) Hourly Energy Price applicable to the California ISO delivery point plus uplifts such as ancillary services, losses, congestion, ISO and administrative fees, and other non-Utility related costs. WHERE: "Hourly Energy Price" means the product of (i) the DJ Price; multiplied by (ii) the Historical Hourly Price divided by the Historical Block Price, as calculated for the applicable Facility for each hour during each month. "Historical Hourly Price" means, for any particular hour during a particular month, the average of the California Power Exchange day ahead hourly prices for the corresponding hour (regardless of whether such hour is an on peak, off peak, Sunday or North American Electric Reliability Council ("NERC") holiday hour) during each day of the corresponding month in the year 2000. "Historical Block Price" means, for any particular on peak, off peak, Sunday or NERC holiday hour during a particular month, the average of the California Power Exchange day ahead prices for such on peak, off peak, Sunday or NERC holiday hours, as applicable, during the corresponding month in the year 2000. "DJ Price" means any on peak, off peak, Sunday or NERC holiday hour (as applicable) during a particular day of the month, the price for firm electric energy for such on peak, off peak, Sunday or NERC holiday hour, respectively, as published in the Wall Street Journal for such day, which price shall be the NP15 or SP15 prices delivered to the ISO-controlled grid in California, as applicable to each applicable Facility, and shall be exclusive of components for administrative costs, settlements, ancillary services, congestion fees, distribution losses, uplift charges and other similar charges.
Sample 1

Related to Deficiency Usage

  • Excess Usage If during a Billing Period, In Energy is greater than zero (0), then Excess Usage for that Billing Period will be calculated. If Excess Usage is greater than zero (0), then for the Facility and any secondary account at the conclusion of that Billing Period: (i) kilowatt-hour usage will equal the value of Excess Usage and (ii) Unused Credits are equal to zero (0). If Excess Usage is equal to zero (0), then for the Facility and secondary accounts at the conclusion of that Billing Period: (i) kilowatt-hour usage is equal to zero (0) and (ii) Unused Credits are reduced by the value of In Energy, determined for that Billing Period, and that reduced value, in accordance with paragraph (C) Unused Credits of this Article IV, will remain for possible future application.

  • Personal Car Usage 7.1 Personal vehicle usage will be reimbursed in an amount equal to the standard mileage rate allowed by the IRS. 7.2 Per code of Federal Regulations, Title 26, Subtitle A, Chapter 1, Subchapter B, Part IX, Section 274(d), all expense reimbursement requests must include the following: 7.2.1.1 Date 7.2.1.2 Destination 7.2.1.3 Purpose 7.2.1.4 Name of traveler(s) 7.2.1.5 Correspondence that verifies business purpose of the expense 7.3 The mileage for a personal vehicle must document the date, location of travel to/from, number of miles traveled and purpose of trip. 7.4 Mileage will be reimbursed on the basis of the most commonly used route. 7.5 Reimbursement for mileage shall not exceed the cost of a round trip coach airfare. 7.6 Reimbursement for mileage shall be prohibited between place of residence and usual place of work. 7.7 Mileage should be calculated from employee’s regular place of work or their residence, whichever is the shorter distance when traveling to a meeting or traveling to Williamson County, Texas for vendors who are located outside of the Williamson County Courthouse, 000 Xxxx Xxxxxx, Xxxxxxxxxx, Xxxxx 00000 by at least a 45-mile radius. 7.8 When more than one person travels in same vehicle, only one person may claim mileage reimbursement. 7.9 Tolls, if reasonable, are reimbursable. Receipts are required for reimbursement. If a receipt is not obtainable, then written documentation of expense must be submitted for reimbursement (administrative fees on Tolls will not be reimbursed). 7.10 Parking fees, if reasonable are reimbursable for meetings and hotel stays. For vendors who contract with a third party for visitor parking at vendor’s place of business, Williamson County will not reimburse a vendor based on a percentage of its contracted visitor parking fees. Rather, Williamson County will reimburse Vendor for visitor parking on an individual basis for each time a visitor uses Vendor’s visitor parking. Receipts are required for reimbursement. If a receipt is not obtainable, then written documentation of expense must be submitted for reimbursement. 7.11 Operating and maintenance expenses as well as other personal expenses, such as parking tickets, traffic violations, and car repairs and collision damage are not reimbursable.

  • Word Usage Words used in the masculine shall apply to the feminine where applicable, and wherever the context of this Agreement dictates, the plural shall be read as the singular and the singular as the plural.

  • Availability Reserves All Revolving Loans otherwise available to Borrower pursuant to the lending formulas and subject to the Maximum Credit and other applicable limits hereunder shall be subject to Lender's continuing right to establish and revise Availability Reserves.

  • RDDS availability Refers to the ability of all the RDDS services for the TLD, to respond to queries from an Internet user with appropriate data from the relevant Registry System. If 51% or more of the RDDS testing probes see any of the RDDS services as unavailable during a given time, the RDDS will be considered unavailable.

  • Mandatory Prepayments due to Borrowing Base Deficiency In the event that at any time any Borrowing Base Deficiency shall exist, the Borrower shall, within five Business Days after delivery of the applicable Borrowing Base Certificate, prepay the Loans (or provide Cash Collateral for Letters of Credit as contemplated by Section 2.05(k)) or reduce Other Covered Indebtedness in such amounts as shall be necessary so that such Borrowing Base Deficiency is cured; provided that, if the Borrower (x) chooses, by written notice to the Administrative Agent within such five (5) Business Day period, to make such repayment by means of a Capital Call (which notice shall include a certification by a Financial Officer that the uncalled capital commitments of the Borrower at such time, excluding uncalled capital commitments of Defaulted Investors, exceed the amount of such Borrowing Base Deficiency), the Borrower shall have thirty (30) Business Days to cure the Borrowing Base Deficiency (which 30-Business Day period shall include the five (5) Business Days permitted for delivery of such written notice to the Administrative Agent) and (y) makes the Capital Call to its Investors (as defined in the Guarantee and Security Agreement) within ten (10) Business Days of the date of notice to the Administrative Agent (and provides the Administrative Agent with written evidence of the Capital Call notice within two (2) Business Days of such notice being sent); and provided further that (i) the aggregate amount of such prepayment of Loans (and Cash Collateral for Letters of Credit) shall be at least equal to the Revolving Percentage times the aggregate prepayment of the Covered Debt Amount, and (ii) if, within five Business Days after delivery of a Borrowing Base Certificate demonstrating such Borrowing Base Deficiency, the Borrower shall present the Lenders with a reasonably feasible plan (other than the use of a Capital Call as described above) acceptable to the Required Lenders in their sole discretion to enable such Borrowing Base Deficiency to be cured within 30 Business Days (which 30-Business Day period shall include the five (5) Business Days permitted for delivery of such plan), then such prepayment or reduction shall not be required to be effected immediately but may be effected in accordance with such plan (with such modifications as the Borrower may reasonably determine), so long as such Borrowing Base Deficiency is cured within such 30-Business Day period.

  • FUNDING AVAILABILITY This Contract is contingent upon the continued availability of funding. If funds become unavailable through the lack of appropriations, legislative or executive budget cuts, amendment of the Appropriations Act, state agency consolidation or any other disruptions of current appropriations, DFPS will reduce or terminate this Contract.

  • Funds Availability For determining the availability of your deposits, every day is a business day except Saturdays, Sundays, federal holidays and legal banking holidays in the State of Utah.

  • Borrowing Base Deficiency (i) Other than as provided in clause (ii) below, if the aggregate outstanding amount of the Advances plus the Letter of Credit Exposure ever exceeds the lesser of the (y) Borrowing Base and (z) the aggregate Commitments, the Borrower shall, after receipt of written notice from the Administrative Agent regarding such deficiency, take any of the following actions (and the failure of the Borrower to take such actions to remedy such Borrowing Base deficiency shall constitute an Event of Default): (A) prepay Advances or, if the Advances have been repaid in full, make deposits into the Cash Collateral Account to provide cash collateral for the Letter of Credit Exposure, such that the Borrowing Base deficiency is cured within 10 Business Days after the date such deficiency notice is received by the Borrower from the Administrative Agent; (B) pledge as Collateral for the Obligations additional Oil and Gas Properties acceptable to the Administrative Agent and each of Lenders such that the Borrowing Base deficiency is cured within 30 days after the date such deficiency notice is received by the Borrower from the Administrative Agent; (C) (i) deliver, within 10 Business Days after the date such deficiency notice is received by the Borrower from the Administrative Agent, written notice to the Administrative Agent indicating the Borrower’s election to repay the Advances and make deposits into the Cash Collateral Account to provide cash collateral for the Letters of Credit, each in five monthly installments equal to one-fifth of such Borrowing Base deficiency with the first such installment due 30 days after the date such deficiency notice is received by the Borrower from the Administrative Agent and each following installment due 30 days after the preceding installment and (ii) make such payments and deposits within such time periods; provided that, the Borrowing Base deficiency cure permitted under this clause (C) shall not be available to the Borrower unless, concurrent with the written notice delivered to the Administrative Agent electing this option, the Borrower shall have delivered to the Administrative Agent a calculation of the Borrower’s consolidated cash flow forecast and financial projections which demonstrates, to the Administrative Agent’s satisfaction, the Borrower’s ability to make each such installment payments and to otherwise pay its other Debt and trade accounts payable as they become due; or (D) (i) deliver, within 10 Business Days after the date such deficiency notice is received by the Borrower from the Administrative Agent, written notice to the Administrative Agent indicating the Borrower’s election to combine the options provided in clause (B) and clause (C) above, and also indicating the amount to be prepaid in installments and the amount to be provided as additional Collateral, and (ii) make such five equal consecutive monthly installments and deliver such additional Collateral within the time required under clause (B) and clause (C) above. (ii) Upon each reduction of the Borrowing Base, if any, resulting from a Borrowing Base redetermination made under Section 2.02(c)(ii) or (iii), if the aggregate outstanding amount of the Advances plus the Letter of Credit Exposure exceeds the lesser of the (y) Borrowing Base and (z) the aggregate Commitments, then the Borrower shall immediately prepay the Advances or, if the Advances have been repaid in full, make deposits into the Cash Collateral Account to provide cash collateral for the Letter of Credit Exposure, in an amount equal to (A) such portion of the Borrowing Base deficiency resulting from such reduction plus (B) if a Borrowing Base deficiency exists prior to such reduction, then an amount equal to the lesser of (i) the net cash proceeds of the transaction that triggered such Borrowing Base reduction and (ii) such portion of the Borrowing Base deficiency in existence immediately prior to such reduction. (iii) Each prepayment pursuant to this Section 2.05(b) shall be accompanied by accrued interest on the amount prepaid to the date of such prepayment and amounts, if any, required to be paid pursuant to Section 2.12 as a result of such prepayment being made on such date. Each prepayment under this Section 2.05(b) shall be applied to the Advances as determined by the Administrative Agent and agreed to by the Lenders in their sole discretion. The failure of the Borrower to provide a notice of its election within the required 10 days as required in clause (i) above shall be deemed to be an election by the Borrower to take the actions provided in clause (i)(A) above.

  • Excess Cash Flow In the event that there shall be Excess Cash Flow in excess of $2,500,000 for any Fiscal Year, the Borrower shall, not later than the tenth Business Day following the date that is ninety days after the end of such Fiscal Year, prepay the Loans in an aggregate amount equal to 50% (provided that (i) such prepayment percentage shall be 25% if, as of the last day of the most recently ended Fiscal Year, the Senior Secured Net Leverage Ratio (determined for any such period by reference to the Compliance Certificate delivered pursuant to Section 5.1(c) calculating the Senior Secured Net Leverage Ratio as of the last day of such Fiscal Year) shall be 1.80:1.00 or less and (ii) no such prepayment shall be required by this clause (e) if the foregoing Senior Secured Net Leverage Ratio as of the last day of such Fiscal Year shall be 1.30:1.00 or less) of the entire Excess Cash Flow for such Fiscal Year minus 100% of voluntary repayments of the Loans made during such Fiscal Year with Internally Generated Cash; provided, that, if at the time that any such prepayment would be required, the Borrower is required to repay or repurchase or to offer to repurchase or repay Senior Secured Debt permitted pursuant to Section 6.1 pursuant to the terms of the documentation governing such Indebtedness with all or a portion of such Excess Cash Flow (such Senior Secured Debt required to be repaid or repurchased or to be offered to be so repaid or repurchased, “Other Applicable ECF Indebtedness”), then the Borrower may apply such Excess Cash Flow on a pro rata basis to the prepayment of the Loans and to the repayment or re-purchase of Other Applicable ECF Indebtedness, and the amount of prepayment of the Loans that would have otherwise been required pursuant to this Section 2.10(e) shall be reduced accordingly (for purposes of this proviso pro rata basis shall be determined on the basis of the aggregate outstanding principal amount of the Loans and Other Applicable ECF Indebtedness at such time, with it being agreed that the portion of Excess Cash Flow allocated to the Other Applicable ECF Indebtedness shall not exceed the amount of such Excess Cash Flow required to be allocated to the Other Applicable ECF Indebtedness pursuant to the terms thereof, and the remaining amount, if any, of such net proceeds shall be allocated to the Loans in accordance with the terms hereof); provided further, that to the extent the holders of Other Applicable ECF Indebtedness decline to have such indebtedness repurchased or prepaid, the declined amount shall promptly (and in any event within ten Business Days after the date of such rejection) be applied to prepay the Loans in accordance with the terms hereof.

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