Deficit Volumes Sample Clauses

Deficit Volumes. If the total aggregate volume of 1) Producer’s Gas, 2) Third Party Gas, and 3) Gas from any Dedicated Reserves caused to be drilled by Producer either through acreage farm-out or non-consent Xxxxx, delivered to the Gathering System in a calendar quarter of the Minimum Volume Period is less than the Quarterly Minimum Volume, then Producer shall pay Gatherer in cash, no later than 30 Days following the end of such calendar quarter, an amount equal to the shortfall quantity for such calendar quarter (in Mcf’s) multiplied by the then-current Gathering and Processing Fees, as applicable (including any possible adjustment under Section 5.13 (ii)), for such calendar quarter, as liquidated and agreed damages for Producer’s failure to deliver the Quarterly Minimum Volume in such calendar quarter.
Sample 1
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Deficit Volumes. If Annual Springridge Gathered Volumes in any Year of the Minimum Volume Period are less than the Adjusted Springridge Annual Minimum Volume for such Year, then Producers shall pay Gatherer, in cash, no later than 30 Days following the receipt by Producers from Gatherer of an invoice therefor, accompanied by reasonable support for the deficit amount invoiced therein, an amount equal to the Springridge Fee(s) for such Year multiplied by the deficit volumes for such Year.
Sample 1Sample 2
Deficit Volumes. If Annual Xxxxxxx Gathered Volumes in the first Year (2009) of the Minimum Volume Period (which for purposes of this Section 4(b) shall be deemed to begin on the Deemed Start Date as defined in Section 4(g) below) are less than the Adjusted Xxxxxxx Annual Minimum Volume for such first Year, then such deficit volume (up to, but not more than, 10% of the Adjusted Xxxxxxx Annual Minimum Volume for such first Year and reflected in Mcf’s) shall be carried forward to the second Year (2010) and added to the Adjusted Xxxxxxx Annual Minimum Volume for such second Year. If there is a shortfall in the first Year in excess of 10% of the Adjusted Xxxxxxx Annual Minimum Volume for such first Year, then Producers shall pay Gatherer in cash, no later than 30 Days following the receipt by Producers from Gatherer of an invoice therefor, accompanied by reasonable support for the amount invoiced therein, an amount equal to the shortfall volume in excess of 10% of the Adjusted Xxxxxxx Annual Minimum Volume for such first Year multiplied by the Average Xxxxxxx Fees (defined below) for such first Year, as partial liquidated and agreed damages for Producers’ failure to deliver the Adjusted Xxxxxxx Annual Minimum Volume in such first Year. If the Annual Xxxxxxx Gathered Volumes in the second Year of the Minimum Volume Period are less than the Adjusted Xxxxxxx Annual Minimum Volume for such second Year (as the Adjusted Xxxxxxx Annual Minimum Volume for such second Year may be increased as provided above), then Producers shall pay Gatherer in cash, no later than 30 Days following the receipt by Producers from Gatherer of an invoice therefor accompanied by reasonable support for the amount invoiced therein an amount equal to the shortfall volume for such second Year (expressed in Mcf’s) multiplied by the Average Xxxxxxx Fees for such second Year, as liquidated and agreed damages for Producers’ failure to deliver the Adjusted Xxxxxxx Annual Minimum Volume in such second Year. If the Annual Xxxxxxx Gathered Volumes delivered to the Xxxxxxx Gathering Systems in any Year after the second Year of the Minimum Volume Period are less than the Adjusted Xxxxxxx Annual Minimum Volume for such Year, then Producers shall pay Gatherer in cash, no later than 30 Days following the receipt by Producers from Gatherer of an invoice therefor accompanied by reasonable support for the amount invoiced therein for an amount equal to the shortfall volume for such Year (expressed in Mcf’s) multiplied by the A...
Sample 1Sample 2
Deficit Volumes. If the Annual Xxxxxxx Gathered Volumes delivered to the Xxxxxxx Gathering Systems in any Year of the Minimum Volume Period are less than the Adjusted Xxxxxxx Annual Minimum Volume for such Year, then Producers shall pay Gatherer in cash, no later than 30 Days following the receipt by Producers from Gatherer of an invoice therefor accompanied by reasonable support for the amount invoiced therein for an amount equal to the shortfall volume for such Year (expressed in Mcf’s) multiplied by the Average Xxxxxxx Fees for the Year in which such shortfall volume occurred, as liquidated and agreed damages for Producers’ failure to deliver the Xxxxxxx Annual Minimum Volume in such Year. As used herein, the term “Average Xxxxxxx Fee” means, for each Year in the Minimum Volume Period, the Xxxxxxx Fee specified in Schedule 2 for Xxxxxxx Receipt Point Pressures between ** to ** psig for each such Year, escalated as specified in such Schedule 2 and subject to redetermination in accordance with Section 3 of this Exhibit A.
Sample 1Sample 2
Deficit Volumes. If Annual Volumes in any Year of the MVC Period are less than the Adjusted MVC for that Year, then Producers will pay Gatherer the lesser of (i) the Contract Fee multiplied by the difference between the Adjusted MVC and the Annual Volumes for that Year or (ii) the amount, if any, by which the Reserved Capacity multiplied by the Contract Fee exceeds total revenue from the System before taking into account any payment under this Section 1.6(b) (“MVC Deficiency Payment”).
Sample 1

Related to Deficit Volumes

  • Excess Sales If the number or amount of Contract Securities attributable to an Underwriter pursuant to Section 4.1 hereof would exceed such Underwriter’s Original Underwriting Obligation reduced by the number or amount of Underwriters’ Securities sold by or on behalf of such Underwriter, such excess will not be attributed to such Underwriter, and such Underwriter will be regarded as having acted only as a Dealer with respect to, and will receive only the concession to Dealers on, such excess.

  • Excess Cash Flow No later than ten (10) Business Days after the date on which the financial statements with respect to each fiscal year of Holdings ending on or after December 31, 2019 in which an Excess Cash Flow Period occurs are required to be delivered pursuant to Section 5.01(a) (each such date, an “ECF Payment Date”), the Borrower shall, if and to the extent Excess Cash Flow for such Excess Cash Flow Period exceeds $1,375,000, make prepayments of Term Loans in accordance with Section 2.10(h) and (i) in an aggregate amount equal to (A) the Applicable ECF Percentage of Excess Cash Flow for the Excess Cash Flow Period then ended (for the avoidance of doubt, including the $1,375,000 floor referenced above) (B) minus $1,375,000 minus (C) at the option of the Borrower, the aggregate principal amount of (x) any Term Loans, Incremental Term Loans, Revolving Loans or Incremental Revolving Loans (or, in each case, any Credit Agreement Refinancing Indebtedness in respect thereof), in each case prepaid pursuant to Section 2.10(a), Section 2.16(b)(B) or Section 10.02(e)(i) (or pursuant to the corresponding provisions of the documentation governing any such Credit Agreement Refinancing Indebtedness) (in the case of any prepayment of Revolving Loans and/or Incremental Revolving Loans, solely to the extent accompanied by a corresponding permanent reduction in the Revolving Commitment), during the applicable Excess Cash Flow Period (or, at the option of the Borrower and without duplication, after such Excess Cash Flow Period and prior to such ECF Payment Date) and (y) the amount of any reduction in the outstanding amount of any Term Loans or Incremental Term Loans resulting from any assignment made in accordance with Section 10.04(b)(vii) of this Agreement (or the corresponding provisions of any Credit Agreement Refinancing Indebtedness issued in exchange therefor), during the applicable Excess Cash Flow Period (or, at the option of the Borrower and without duplication, after such Excess Cash Flow Period and prior to such ECF Payment Date), and in the case of all such prepayments or buybacks, to the extent that (1) such prepayments or buybacks were financed with sources other than the proceeds of long-term Indebtedness (other than revolving Indebtedness to the extent intended to be repaid from operating cash flow) of Holdings or its Restricted Subsidiaries and (2) such prepayment or buybacks did not reduce the amount required to be prepaid pursuant to this Section 2.10(f) in any prior Excess Cash Flow Period (such payment, the “ECF Payment Amount”).

  • Imbalances The parties hereto recognize that with respect to Section 2.01, on any Day, receipts of gas by Union and deliveries of gas by Union may not always be exactly equal, but each party shall cooperate with the other in order to balance as nearly as possible the quantities transacted on a daily basis, and any imbalances arising shall be allocated to the Facilitating Agreements and shall be subject to the respective terms and charges contained therein, and shall be resolved in a timely manner.

  • Delivery Points ‌ Project water made available to the Agency pursuant to Article 6 shall be delivered to the Agency by the State at the delivery structures established in accordance with Article 10.

  • Excess Cash Borrower shall establish on the date hereof an Eligible Account with Lender or Lender’s agent into which Borrower shall deposit all Excess Cash on each Payment Date during the continuation of a Cash Sweep Period (the “Excess Cash Reserve Account”). Amounts so deposited shall hereinafter be referred to as the “

  • Monthly Debt Service Payments Borrower shall pay to Lender (a) on the Closing Date, an amount equal to interest only on the outstanding principal balance of the Loan for the initial Accrual Period and (b) on September 1, 2010, and on each Payment Date thereafter up to and including the Maturity Date, the Monthly Debt Service Payment Amount, which payments shall be applied first to accrued and unpaid interest and the balance to principal.

  • Delivery Point (a) All Energy shall be Delivered hereunder by Seller to Buyer at the Delivery Point. Seller shall be responsible for the costs of delivering its Energy to the Delivery Point consistent with all standards and requirements set forth by the FERC, ISO-NE, the Interconnecting Utility and any other applicable Governmental Entity and any applicable tariff.

  • Purchase Price Credit Adjustments If on any day:

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