Equivalent Availability Factor Sample Clauses

Equivalent Availability Factor. Seller warrants and guarantees that, in each Contract Year during the Term, after the first Contract Year, the Facility will achieve an EAF of 90%. If a Force Majeure event(s) occurs, the Force Majeure period shall not count for the purposes of calculating EAF to compute Liquidated Damages or Event of Default criteria, but only to the extent that Seller’s inability to perform is caused by one (1) or more Force Majeure event(s).
Sample 1
AutoNDA by SimpleDocs
Equivalent Availability Factor. 68 B. Equivalent Forced Outage Rate.......................................... 69 C.
Sample 1
Equivalent Availability Factor. For each one-tenth (1/10) of a percentage point that the Equivalent Availability Factor of the Facility falls below the guarantee level of eighty-three percent (83.0%) EAF based on two (2) fourteen (14) day outages as specified in Section 3.2(B)(1) (Equivalent Availability Factor) for each Contract Year, Seller shall pay to Company Liquidated Damages in the amount set forth in the following table (on a progressive basis) upon proper demand at the end of the current Contract Year. EAF Damages Schedule Amount Below Guaranteed Level EAF Liquidated Damages 0% -4.9% $200 per 0.1% 5.0% - 9.9% $400 per 0.1% 10.0% - 14.9% $600 per 0.1% 15.0% - 48.1% $800 per 0.1% Such Liquidated Damages shall be due within thirty (30) Days after the first to occur of the end of such Contract Year or the end of Term. In the event Seller fails to pay Company undisputed amounts of Liquidated Damages due under this Section 9.2(A) within thirty (30) Days of receipt of Company’s written demand, Company may set off such undisputed amounts due against payments it is otherwise obligated to make under this Agreement
Sample 1
Equivalent Availability Factor. Calculated in accordance with the formula, terms and concepts defined by NERC GADS, but with the EPDH and EUDH modified as defined in this Agreement. EAF in NERC GADS has been reduced since Equivalent Seasonal Derating Hours will be considered zero and is defined as follows: EAF = AH - EPDH – EUDH x 100% PH (EFOR) Equivalent Forced Outage Rate – Calculated in accordance with the formula, terms and concepts defined by NERC GADS with the FOH and EFDH modified as defined in this Agreement. EFOR shall be defined as follows EFOR = FOH + EFDH x 100% FOH + SH ATTACHMENT D FACILITY FUNCTIONAL DESCRIPTION (See Section 2.1(B) (Facility Specifications) of the Agreement)
Sample 1
Equivalent Availability Factor. The Seller warrants and guarantees that the Expansion Facility will achieve an EAF of eighty-three percent (83.0%) based on two (2) fourteen (14) Day outages. EAF of the Existing Facility is governed under the Current PPA. If a Force Majeure event(s) occurs, the Force Majeure period shall not count for the purposes of calculating EAF to compute Liquidated Damages or Event of Default criteria, but only to the
Sample 1
Equivalent Availability Factor. For each one-tenth (1/10) of a percentage point that the Equivalent Availability Factor falls below the guaranteed level of eighty-three percent (83.0%) EAF based on two (2) fourteen (14) Day outages as specified in Section 3.2D(1) for each Contract Year, the Seller shall pay to the Company Liquidated Damages in the amount set forth in the following table (on a progressive basis) in accordance with Section 9.2. Amount Below Guaranteed Level 0%-4.9% $200 per 0.1%
Sample 1
Equivalent Availability Factor. Genco undertakes to maintain, during the Term of this Agreement, a Guaranteed Equivalent Availability Factor of ninety-two percent (92%). Set forth below is the methodology for calculating the applicable discount in the Capacity Portion that Genco will receive for failing to maintain the Guaranteed Equivalent Availability Factor of the Merchant Project (the "Availability Factor Discount"). The Availability Factor Discount (AFD) shall be calculated as follows: AFD = EAF / .92 (if EAF >= 0.92, then AFD = 1.0) where: AFD = the Availability Factor Discount in effect for the Calculation Period for which the Capacity Portion is being calculated and cannot be greater than one (1.0) EAF = the Equivalent Availability Factor, given by the moving average of the Monthly Availability Factors calculated for each of the last 12 months, beginning at such time when there are sufficient records of the commercial operations of the facility. The Equivalent Availability Factor (EAF) shall be calculated as follows: EAF = (MAF1 + MAF2 + …. + MAF12) / 12 where:
Sample 1
AutoNDA by SimpleDocs

Related to Equivalent Availability Factor

  • Undrawn Availability After giving effect to the initial Advances hereunder, Borrowers shall have Undrawn Availability of at least $10,000,000;

  • Circumstances Affecting LIBOR Rate Availability In connection with any request for a LIBOR Rate Loan or a conversion to or continuation thereof, if for any reason (i) the Administrative Agent shall determine (which determination shall be conclusive and binding absent manifest error) that Dollar deposits are not being offered to banks in the London interbank Eurodollar market for the applicable amount and Interest Period of such Loan, (ii) the Administrative Agent shall determine (which determination shall be conclusive and binding absent manifest error) that reasonable and adequate means do not exist for the ascertaining the LIBOR Rate for such Interest Period with respect to a proposed LIBOR Rate Loan or (iii) the Required Lenders shall determine (which determination shall be conclusive and binding absent manifest error) that the LIBOR Rate does not adequately and fairly reflect the cost to such Lenders of making or maintaining such Loans during such Interest Period, then the Administrative Agent shall promptly give notice thereof to the Borrower. Thereafter, until the Administrative Agent notifies the Borrower that such circumstances no longer exist, the obligation of the Lenders to make LIBOR Rate Loans and the right of the Borrower to convert any Loan to or continue any Loan as a LIBOR Rate Loan shall be suspended, and the Borrower shall either (A) repay in full (or cause to be repaid in full) the then outstanding principal amount of each such LIBOR Rate Loan together with accrued interest thereon (subject to Section 5.1(d)), on the last day of the then current Interest Period applicable to such LIBOR Rate Loan; or (B) convert the then outstanding principal amount of each such LIBOR Rate Loan to a Base Rate Loan as of the last day of such Interest Period.

  • Excess Availability Borrowers shall have Excess Availability at all times of at least (i) as of any date of determination during the period from June 24, 2016 through and including July 7, 2016, $10,000,000, (ii) as of any date of determination during the period from July 8, 2016 through and including September 29, 2016, $17,500,000, and (iii) as of any date of during the period from September 30, 2016 through and including December 31, 2016, $20,000,000.

  • Product Availability Under no circumstances shall Company be responsible to Representative or anyone else for its failure to fill accepted orders, or for its delay in filling accepted orders, when such failure or delay is due to strike, accident, labor trouble, acts of nature, freight embargo, war, civil disturbance, vendor problems or any cause beyond Company's reasonable control.

  • Minimum Availability Borrower shall have minimum availability immediately following the initial funding in the amount set forth on the Schedule.

  • Laws Affecting LIBOR Rate Availability If, after the date hereof, the introduction of, or any change in, any Applicable Law or any change in the interpretation or administration thereof by any Governmental Authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by any of the Lenders (or any of their respective Lending Offices) with any request or directive (whether or not having the force of law) of any such Governmental Authority, central bank or comparable agency, shall make it unlawful or impossible for any of the Lenders (or any of their respective Lending Offices) to honor its obligations hereunder to make or maintain any LIBOR Rate Loan, such Lender shall promptly give notice thereof to the Administrative Agent and the Administrative Agent shall promptly give notice to the Borrower and the other Lenders. Thereafter, until the Administrative Agent notifies the Borrower that such circumstances no longer exist, (i) the obligations of the Lenders to make LIBOR Rate Loans and the right of the Borrower to convert any Loan or continue any Loan as a LIBOR Rate Loan shall be suspended and thereafter the Borrower may select only Base Rate Loans hereunder, and (ii) if any of the Lenders may not lawfully continue to maintain a LIBOR Rate Loan to the end of the then current Interest Period applicable thereto as a LIBOR Rate Loan, the applicable LIBOR Rate Loan shall immediately be converted to a Base Rate Loan for the remainder of such Interest Period.

  • Available Commitment After giving effect to the proposed Borrowing, the Principal Obligations will not exceed the Available Commitment and the aggregate Principal Obligations will not exceed the Maximum Commitment.

  • Minimum Excess Availability Borrower shall have Excess Availability under the Revolving Credit Loans facility of not less than the amount specified in the Schedule, after giving effect to the initial advance hereunder and after giving effect to any applicable Loan Reserves against borrowing availability under the Revolving Credit Loans.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!