Detail Shortfalls Sample Clauses

Detail Shortfalls. 79 13.5 Breach of Non-Competition Obligations.............................................................. 80 13.6
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Detail Shortfalls. (a) In the event that either Party fails to perform (such Party, a "Shortfall Party") at least [**] percent ([**]%) of its Detail Requirement in any Year as reported pursuant to Section 6.4 or verified pursuant to Section 9.3, the Shortfall Party shall pay to the other Party as liquidated damages an amount equal to the Detail Cost (as hereinafter defined), multiplied by the applicable factor set forth below (the "Shortfall Factor") multiplied by the total number of Details in the shortfall (the Detail Cost, multiplied by the number of Details in the shortfall, multiplied by the Shortfall Factor, the "Detail Shortfall Payment Amount"), on an incremental basis as set forth below: 41 ----------------------------------------------------------------------------------------- Shortfall Detail Shortfall Level Factor ----------------------------------------------------------------------------------------- For such portion of shortfall which is: > or = [**]% but < [**]% of Detail [**] Requirement ----------------------------------------------------------------------------------------- For such portion of shortfall which is: > or = [**]% but < [**]% of Detail [**] Requirement ----------------------------------------------------------------------------------------- For such portion of shortfall which is: < [**]% of Detail Requirement [**] -----------------------------------------------------------------------------------------
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Detail Shortfalls. Either Party may terminate this Agreement as provided in Section 6.5.
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Detail Shortfalls. (a) In the event that Neurocrine fails to perform during the [***] at least [***] of its Final Detail Requirement with respect to the Products in a [***] (in the event of such failure, Neurocrine will be a "Shortfall Party") in any Year as reported pursuant to Section 6A.4 and verified pursuant to Section 9.2, Neurocrine shall pay to Pfizer as liquidated damages, an amount equal to (i) [***] (the "Detail Cost"), multiplied by (ii) [***]; provided, however, that the Detail Shortfall Payment Amount shall not exceed the Detail Cost, multiplied by [***]. To the extent Neurocrine's Details are [***] of the Final Detail Requirement during the [***], in addition to the Detail Shortfall Payment Amount, Neurocrine's Commission Payment with respect to such Detail shortfall shall be reduced pursuant to Section 8.2(a)(ii).
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Detail Shortfalls. In the event that a Party does not meet [***] of the Detail Requirements assigned to it pursuant to the U.S. Commercialization Plan (as such Detail Requirements may be adjusted pursuant ***Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. to Section 7.5.1) during any Calendar Year, such Party shall be deemed to have caused a "Detail Shortfall" for such Calendar Year. Promptly following the end of the first Calendar Year with respect to which a Party has caused a Detail Shortfall, such Party shall pay to the other Party an amount equal to the "Detail Shortfall Cost" (as defined below) for such Calendar Year (which amount shall not be subject to offset or credit against amounts due pursuant to Section 9.5.4 but rather shall be paid directly to the other Party). Promptly following the end of any second Calendar Year with respect to which a Party has caused a Detail Shortfall, [***]
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Detail Shortfalls. (i) In the event that either Party fails to perform (such Party, a "Shortfall Party") at least [CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FURNISHED SEPARATELY TO THE SECURITIES AND EXCHANGE COMMISSION] percent ([CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FURNISHED SEPARATELY TO THE SECURITIES AND EXCHANGE COMMISSION]%) of its Detail Requirement in any Year as reported pursuant to Article 8A.6 or verified pursuant to Article 8A.7 in any of the Major Market Countries, the Shortfall Party shall pay to the other Party as liquidated damages an amount equal to the Detail Cost, multiplied by the applicable factor set forth below (the "Shortfall Factor") multiplied by the total number of Details in the shortfall (the Detail Cost, multiplied by the number of Details in the shortfall, multiplied by the Shortfall Factor, the "Detail Shortfall Payment Amount"), on an incremental basis as set forth below: Detail Shortfall Level Shortfall Factor For such * [CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FURNISHED [CONFIDENTIAL INFORMATION portion of SEPARATELY TO THE SECURITIES AND EXCHANGE COMMISSION]% but < HAS BEEN OMITTED AND FURNISHED shortfall [CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FURNISHED SEPARATELY TO THE SECURITIES which is: SEPARATELY TO THE SECURITIES AND EXCHANGE COMMISSION] AND EXCHANGE COMMISSION] % of Detail Requirement For such * [CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FURNISHED [CONFIDENTIAL INFORMATION portion of SEPARATELY TO THE SECURITIES AND EXCHANGE COMMISSION]% but < HAS BEEN OMITTED AND FURNISHED shortfall [CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FURNISHED SEPARATELY TO THE SECURITIES which is: SEPARATELY TO THE SECURITIES AND EXCHANGE COMMISSION] AND EXCHANGE COMMISSION] % of Detail Requirement For such * [CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FURNISHED [CONFIDENTIAL INFORMATION portion of SEPARATELY TO THE SECURITIES AND EXCHANGE COMMISSION]% but < HAS BEEN OMITTED AND FURNISHED shortfall [CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FURNISHED SEPARATELY TO THE SECURITIES which is: SEPARATELY TO THE SECURITIES AND EXCHANGE COMMISSION] AND EXCHANGE COMMISSION] % of Detail Requirement For such < [CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FURNISHED [CONFIDENTIAL INFORMATION portion of SEPARATELY TO THE SECURITIES AND EXCHANGE COMMISSION] HAS BEEN OMITTED AND FURNISHED shortfall % of Detail Requirement SEPARATELY TO THE SECURITIES which is: AND EXCHANGE COMMISSION]
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Detail Shortfalls. (a) If based on a Party’s Internal Detailing Report, or upon verification by the independent accountant pursuant to Section 6.11.3, it is determined at the end of the applicable Calendar Year that the Detail Reporting Party has failed to perform at least ** of its Detail Requirements as set forth in the Commercialization Plan at the beginning of the applicable Calendar Year, then such Detail Reporting Party shall be a “
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Related to Detail Shortfalls

  • Collateral Shortfalls In the event that amounts on deposit in the Collateral Fund at any time are insufficient to cover any withdrawals therefrom that the Company is then entitled to make hereunder, the Purchaser shall be obligated to pay such amounts to the Company immediately upon demand. Such obligation shall constitute a general corporate obligation of the Purchaser. The failure to pay such amounts within two Business Days of such demand (except for amounts to cover interest on a Mortgage Loan pursuant to Sections 2.02(d) and 2.03 (b)), shall cause an immediate termination of the Purchaser's right to make any Election to Delay Foreclosure or Election to Foreclose and the Company's obligations under this Agreement with respect to all Mortgage Loans to which such insufficiencies relate, without the necessity of any further notice or demand on the part of the Company.

  • Security shortfall If at any time the Security Value is less than the Minimum Value, the Agent may, and shall, if so directed by the Majority Lenders, by notice to the Borrowers require that such deficiency be remedied. The Borrowers shall then within 30 days of receipt of such notice ensure that the Security Value equals or exceeds the Minimum Value. For this purpose, the Borrowers may:

  • Shortfalls (i) If the amounts described in Section 2.3 are insufficient to pay the Class A Monthly Interest on any Distribution Date, payments of interest to the Class A Noteholders will be reduced on a pro rata basis by the amount of such deficiency. The aggregate amount, if any, of such deficiency on any Distribution Date, together with the aggregate unpaid amount of any such deficiencies with respect to all prior Distribution Dates, shall be referred to as the “

  • Excess Spread; Excess Finance Charge Collections The Servicer shall apply, or shall cause the Trustee to apply by written instruction to the Trustee, on each Distribution Date, Excess Spread and Excess Finance Charge Collections allocated to Series 1997-1 with respect to the related Monthly Period, to make the following distributions or deposits in the following order of priority:

  • Application of Available Finance Charge Collections and Available Principal Collections On or before each Transfer Date, the Servicer shall instruct the Indenture Trustee in writing (which writing shall be substantially in the form of Exhibit B) to withdraw and the Indenture Trustee, acting in accordance with such instructions, shall withdraw on such Transfer Date or related Distribution Date, as applicable, to the extent of available funds, the amount required to be withdrawn from the Finance Charge Account, the Principal Account, the Principal Accumulation Account and the Distribution Account as follows:

  • Realized Losses Realized Losses shall be allocated first against the Overcollateralization Amount, until the Overcollateralization Amount has been reduced to zero. If, after giving effect to the distribution of the Principal Distribution Amount on any Distribution Date the aggregate Class Certificate Balance of the Offered Certificates exceeds the Pool Principal Balance as of the end of the related Due Period, such excess will be allocated against the Class B-3, Class B-2, Class B-1, Class M-6, Class M-5, Class M-4, Class M-3, Class M-2 and Class M-1 Certificates, in that order and until the respective Class Certificate Balances thereof are reduced to zero.

  • Excess Finance Charge Collections Series 2018-5 shall be an Excess Allocation Series. Subject to Section 4.05 of the Agreement, Excess Finance Charge Collections with respect to the Excess Allocation Series for any Distribution Date will be allocated to Series 2018-5 in an amount equal to the product of (x) the aggregate amount of Excess Finance Charge Collections with respect to all the Excess Allocation Series for such Distribution Date and (y) a fraction, the numerator of which is the Finance Charge Shortfall for Series 2018-5 for such Distribution Date and the denominator of which is the aggregate amount of Finance Charge Shortfalls for all the Excess Allocation Series for such Distribution Date. The “Finance Charge Shortfall” for Series 2018-5 for any Distribution Date will be equal to the excess, if any, of (a) the full amount required to be paid, without duplication, pursuant to subsections 4.05(a), 4.05(b) and 4.05(c) and subsections 4.07(a) through (j) on such Distribution Date and the full amount required to be paid, without duplication, pursuant to subsections 3.02(a)(iii) and 3.02(a)(iv) of the Transfer Agreement on the related Payment Date (as such term is defined in the Transfer Agreement) over (b) the sum of (i) the Reallocated Investor Finance Charge Collections, (ii) if such Monthly Period relates to a Distribution Date with respect to the Controlled Accumulation Period or Early Amortization Period, the amount of Principal Funding Account Investment Proceeds, if any, with respect to such Distribution Date and (iii) the amount of funds, if any, to be withdrawn from the Reserve Account which, pursuant to subsection 4.12(d), are required to be included in Class A Available Funds with respect to such Distribution Date. The amount of Excess Finance Charge Collections for Series 2018-5 for any Distribution Date shall be specified in subsection 3.02(a)(v) of the Transfer Agreement. On each Distribution Date, the Trustee shall deposit into the Collection Account for application in accordance with Section 4.05 of the Agreement the aggregate amount of Excess Finance Charge Collections received by the Trustee pursuant to the Transfer Agreement on such date.

  • Allocations of Finance Charge Collections The Servicer shall allocate to the Series 1997-1 Certificateholders and retain in the Collection Account for application as provided herein an amount equal to the product of (A) the Floating Allocation Percentage and (B) the Series 1997-1 Allocation Percentage and (C) the aggregate amount of Collections of Finance Charge Receivables deposited in the Collection Account on such Deposit Date.

  • Excess Spread On or before each Transfer Date, the Servicer shall instruct the Trustee in writing (which writing shall be substantially in the form of Exhibit B hereto) to apply Excess Spread with respect to the related Monthly Period to make the following distributions on each Transfer Date in the following priority:

  • Shared Principal Collections Subject to Section 4.04 of the Agreement, Shared Principal Collections for any Distribution Date will be allocated to Series 2019-3 in an amount equal to the product of (x) the aggregate amount of Shared Principal Collections with respect to all Principal Sharing Series for such Distribution Date and (y) a fraction, the numerator of which is the Series 2019-3 Principal Shortfall for such Distribution Date and the denominator of which is the aggregate amount of Principal Shortfalls for all the Series which are Principal Sharing Series for such Distribution Date. The “Series 2019-3 Principal Shortfall” will be equal to (a) for any Distribution Date with respect to the Revolving Period, zero, (b) for any Distribution Date with respect to the Controlled Accumulation Period, the excess, if any, of the Controlled Deposit Amount with respect to such Distribution Date over the amount of Available Principal Collections for such Distribution Date (excluding any portion thereof attributable to Shared Principal Collections), and (c) for any Distribution Date with respect to the Early Amortization Period, the excess, if any, of the Invested Amount over the amount of Available Principal Collections for such Distribution Date (excluding any portion thereof attributable to Shared Principal Collections).

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