End of Operating Period Reconciliation Sample Clauses

End of Operating Period Reconciliation. At the end of each Operating Period, the parties shall calculate ***INDICATES CERTAIN INFORMATION IN THIS DOCUMENT WHICH HAS BEEN OMITTED FROM THIS PUBLIC FILING PURSUANT TO A REQUEST BY THE COMPANY FOR CONFIDENTIAL TREATMENT BY THE SECURITIES AND EXCHANGE COMMISSION. THE OMITTED INFORMATION HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION FOR PURPOSES OF SUCH REQUEST. the actual Fixed Costs reimbursement payments due BMS in respect of such Operating Period in accordance with the following formula: *** Where: *** The end-of-Operating-Period reimbursement payment due BMS shall be reduced by the amount of any estimated payments made by EDNLP under Section 4.3(B)(i) hereof. In the event the amount due BMS under this Section 4.3(B)(ii) is less than the aggregate amount of the estimated payments under Section 4.3(B)(i), BMS shall promptly reimburse the overpayment.
Sample 1
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End of Operating Period Reconciliation. At the end of each Operating Period, the parties shall calculate the actual Operating Fee reimbursement payments due BMS in respect of such Operating Period in accordance with the following formula: *** Where: *** *** The reimbursement payment due BMS shall be reduced by the amount of any estimated payments made by EDNLP under Section 4.4(B)(i) hereof. In the event the amount due BMS under this Section 4.4(B)(ii) is less than the aggregate amount of the estimated payments under Section 4.4(B)(i), BMS shall promptly reimburse the overpayment.
Sample 1
End of Operating Period Reconciliation. At the end of each Operating Period EDNLP shall calculate the actual reimbursement payment due BMS in respect of such Operating Period in accordance with the following formula: *** Where: ***INDICATES CERTAIN INFORMATION IN THIS DOCUMENT WHICH HAS BEEN OMITTED FROM THIS PUBLIC FILING PURSUANT TO A REQUEST BY THE COMPANY FOR CONFIDENTIAL TREATMENT BY THE SECURITIES AND EXCHANGE COMMISSION. THE OMITTED INFORMATION HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION FOR PURPOSES OF SUCH REQUEST. *** The reimbursement payment due BMS shall be adjusted by the amount of any estimated payments made by EDNLP under Section 5.1(A)(i) hereof. In the event the amount due BMS under this Section 5.1(A)(ii) is less than the aggregate amount of the estimated payments made under Section 5.1(A)(i), BMS shall promptly reimburse the overpayment.
Sample 1
End of Operating Period Reconciliation. At the end of each Operating Period, EDNLP shall calculate the actual rebate payment due BMS in respect of such Operating Period in accordance with the following formula: *** Where: *** ***INDICATES CERTAIN INFORMATION IN THIS DOCUMENT WHICH HAS BEEN OMITTED FROM THIS PUBLIC FILING PURSUANT TO A REQUEST BY THE COMPANY FOR CONFIDENTIAL TREATMENT BY THE SECURITIES AND EXCHANGE COMMISSION. THE OMITTED INFORMATION HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION FOR PURPOSES OF SUCH REQUEST. *** The rebate payment due BMS shall be adjusted by the amount of any estimated payments made by EDNLP under Section 5.1(B)(i) hereof. In the event the amount due BMS under this Section 5.1(B)(ii) is less than the aggregate amount of the estimated payments made under Section 5.1(B)(i), BMS shall promptly reimburse the overpayment. Notwithstanding the foregoing, the rebate payments due BMS under this Section 5.1(B) shall not result in EDNLP’s retention of less than *** per short ton (***) from such Surplus Nitric Acid sales; provided, however, that in the event that the Net Sales Price less the reimbursement made under Section 5.1(A), that amount divided by the total tons of Surplus Nitric Acid sold to third parties, is less than *** per short ton of Surplus Nitric Acid, EDNLP will not retain more than the Net Sales Price less the reimbursement made under Section 5.1(A).
Sample 1

Related to End of Operating Period Reconciliation

  • Payment of Operating Expenses Subject to the provisions of Section 6.08(c), Borrower will (i) pay the expenses of operating, managing, maintaining and repairing the Mortgaged Property (including utilities, Repairs and Capital Replacements) before the last date upon which each such payment may be made without any penalty or interest charge being added, and (ii) pay Insurance premiums at least 30 days prior to the expiration date of each policy of Insurance, unless applicable law specifies some lesser period.

  • Statement of Operations d. Statement of Changes in Net Assets.

  • Duration of Operating Expense Limit The Operating Expense Limit with respect to the Fund shall remain in effect during the term of this Agreement.

  • Hours of Operation Account Processing Services will be available for use by Client during standard Fiserv business hours, excluding holidays, as specified in Exhibit A - 3. Account Processing Services may be available during additional hours, during which time Client may use Services at its option and subject to additional charges.

  • Definition of Operating Expenses (a) Subject to the exclusions and provisions hereinafter contained, the term "

  • Cessation of Operations Any cessation of operations by Borrower or Borrower admits it is otherwise generally unable to pay its debts as such debts become due, provided, however, that any disclosure of the Borrower’s ability to continue as a “going concern” shall not be an admission that the Borrower cannot pay its debts as they become due.

  • Annual Accounting Period The annual accounting period of the Company shall be its taxable year. The Company’s taxable year shall be selected by the Member, subject to the requirements and limitations of the Code.

  • Description of Accounting Services on a Continuous Basis PFPC will perform the following accounting services with respect to each Portfolio:

  • Interim Operations (a) The Company covenants and agrees as to itself and its Subsidiaries that, after the date hereof and prior to the Effective Time (unless Parent shall otherwise approve in writing (such approval not to be unreasonably withheld, delayed or conditioned)), and except as otherwise expressly permitted by this Agreement or as required by a Governmental Entity or applicable Laws, the business of it and its Subsidiaries shall be conducted in all material respects in the ordinary course and, to the extent consistent with the foregoing, the Company and its Subsidiaries shall use their respective commercially reasonable efforts to preserve their business organizations substantially intact, maintain satisfactory relationships with Governmental Entities, NERC, PJM, customers and suppliers having significant business dealings with them and keep available the services of their key employees; provided, however, that no action taken by the Company or its Subsidiaries with respect to matters specifically addressed by clauses (i)-(xx) of this Section 6.1(a) shall be deemed a breach of this sentence unless such action would constitute a breach of such other provision. In furtherance of the foregoing, from the date of this Agreement until the Effective Time, except (A) as otherwise expressly permitted by this Agreement, (B) as Parent may approve in writing (such approval not to be unreasonably withheld, delayed or conditioned), (C) as is required by applicable Law or any Governmental Entity or (D) as set forth in Section 6.1(a) of the Company Disclosure Letter, the Company will not and will not permit its Subsidiaries to:

  • Control of Operations Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the Company, directly or indirectly, the right to control or direct the other party’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.

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