Excess Gas Sample Clauses

Excess Gas. Notwithstanding any other term of this Agreement to the contrary, if at any time following the Commercial Operations Date Purchaser fails to process and sell at least fifty percent (50%) of the Qualifying Landfill Gas made available by Seller over a rolling one hundred eighty (180)-day period (herein defined as an “Excess Gas Condition”), in addition to Seller’s right to terminate this Agreement as provided in Article 6.2(f), Seller shall have the option to provide Purchaser written notice (herein defined as an "Excess Gas Notice") that Seller wishes to sell Qualifying Landfill Gas in excess of the average percentage of Qualifying Landfill Gas processed and sold by Purchaser over the rolling one hundred eighty (180)-day period (“Excess Gas”) to a third party on a permanent basis. Upon receipt of an Excess Gas Notice, Purchaser must within sixty (60) days commence purchasing no less than fifty percent (50%) of all Qualifying Landfill Gas made available by Seller, or lose the right to purchase the Excess Gas. Should Purchaser fail to meet the forgoing conditions, the Excess Gas shall be released to Seller for sale to a third party, and the maximum amount of Qualifying Landfill Gas that Seller is required to make available to Purchaser hereunder shall be reduced to Purchaser’s average percentage use over the above-referenced rolling one hundred eighty (180)-day measurement period. Notwithstanding the above, Purchaser shall not lose any rights to Landfill Gas if and for so long as it processes and sells or otherwise pays (and continues to pay) Seller for no less than fifty percent (50%) of the Qualifying Landfill Gas no more than sixty (60) days from and after Purchaser’s receipt of the Excess Gas Notice. The amount payable to Seller for any Qualifying Landfill Gas not otherwise processed and sold by Purchaser shall be determined by estimating the Gross Revenue that would be derived by Purchaser if Purchaser were to utilize, process and sell the Qualifying Landfill Gas on the same basis and with the same efficiencies that Purchaser utilizes, processes and sells Qualifying Landfill Gas in general and paying Seller the amount that it would be due in accordance with this Agreement.
Sample 1
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Excess Gas. Gas from the Lands, deliverable to a Delivery Point, in excess of the firm CDC Buyer is committed to make available hereunder to Seller at that Delivery Point.
Sample 1
Excess Gas. If Seller consumes or requires Gas at a GDP in any Hour in excess of the GDP Block or GDP Blocks amountquantity required to be provided by Buyer under Section 3.3(b) above for that Hour (“Excess Gas”), Buyer shall, at Seller’s request, provide such Excess Gas to Seller at the GDP in that Hour. Seller shall reimburse Buyer for such Excess Gas at a market price plus applicable transportation costs to deliver Excess Gas to the GDP and other costs reasonably incurred by Buyer to provide such Excess Gas, including imbalance charges and other similar penalties incurred by Buyer if Seller fails to provide sufficient Notice to Buyer that Seller will take such Excess (Gas (collectively, “Excess Gas Costs”). The Parties from time to time shall agree upon a published index for each EGDP to establish the market price for Excess Gas and Excess Gas Costs at that GDP.
Sample 1
Excess Gas. Seller shall have no obligation to Purchaser with respect to Landfill Gas that may become available from the Landfill in excess of the Combined Design Capacity of Purchaser Facilities and Seller shall be free to destroy, sell, process, consume or take any other action with respect to any excess Landfill Gas without liability or obligation to Purchaser. The parties agree to meet on at least an annual basis to discuss the status of projected waste volumes and constituents being delivered to the Landfill and Purchaser’s expansion opportunities.
Sample 1
Excess Gas. Excess Gas" shall mean that quantity of Refuse Gas which is flared or not otherwise utilized by LESSEE's Project, that is, Refuse Gas which is not (a) sold by LESSEE, (b) consumed in the production of Refuse Gas and/or Constituent Products, or (c) used, consumed, or lost in LESSEE's recovery and processing system as contemplated by Section 6.4 (Use of Gas/Products).
Sample 1

Related to Excess Gas

  • 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.

  • 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 Finance Charge Collections Series 2017-6 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 2017-6 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 2017-6 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 2017-6 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 2017-6 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.

  • 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.

  • Excess Funds Any party receiving funds paid by SBBC under this Agreement agrees to promptly notify SBBC of any funds erroneously received from SBBC upon the discovery of such erroneous payment or overpayment. Any such excess funds shall be refunded to SBBC.

  • 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 “

  • How Do I Correct an Excess Contribution? If you make a contribution in excess of your allowable maximum, you may correct the excess contribution and avoid the 6% penalty tax under Section 4973 of the Internal Revenue Code for that year by withdrawing the excess contribution and its earnings on or before the due date, including extensions, of the tax return for the tax year for which the contribution was made (generally October 15th). Any earnings on the withdrawn excess contribution may be subject to a 10% early distribution penalty tax if you are under age 59½. In addition, in certain cases an excess contribution may be withdrawn after the time for filing your tax return. Finally, excess contributions for one year may be carried forward and applied against the contribution limitation in succeeding years.

  • Excess Contributions An excess contribution is any amount that is contributed to your IRA that exceeds the amount that you are eligible to contribute. If the excess is not corrected timely, an additional penalty tax of six percent will be imposed upon the excess amount. The procedure for correcting an excess is determined by the timeliness of the correction as identified below.

  • Excess Costs If the Permitted Costs exceeds the Finish Allowance, then Tenant shall pay all such excess costs (“Excess Costs”), provided, however, Landlord will, prior to the commencement of construction of Tenant’s Improvements, advise Tenant of the sum of the Contract Sum and the Construction Management Fee (the “Cost Estimate”). Tenant shall have five (5) business days from and after the receipt of such advice within which to approve or disapprove the Contract Sum and Cost Estimate. If Tenant fails to approve same by the expiration of the fifth such business day, then Tenant shall be deemed to have approved the Proposed Contract Sum and Cost Estimate. If Tenant disapproves the Contract Sum and Cost Estimate within such five (5) business day period, then Tenant shall either reduce the scope of Tenant’s Improvements such that the Contract Sum and Construction Management Fee do not exceed the Finish Allowance or, at Tenant’s option, Landlord shall obtain two (2) additional bids, provided that each day beyond such five (5) business day period and until the rebid is accepted by Tenant shall constitute a Tenant Delay hereunder. The foregoing process shall continue until a Contract Sum and Cost Estimate are accepted or deemed accepted by Tenant. Landlord and Tenant must approve (or be deemed to have approved) the Contract Sum for the construction of Tenant’s Improvements in writing prior to the commencement of construction.

  • Excess the amount of the excess as applicable and stated in the schedule.

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