Insufficient Capacity Sample Clauses

Insufficient Capacity. This means that there is insufficient Elevation Capacity available at a Load Port to meet demand sought under Long Term Nominations in accordance with Part B clause 3.2.
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Insufficient Capacity. Based on the adopted level of service standard for schools, if sufficient school capacity is not available or planned to serve a development at the time of impact, the School Board staff shall advise the applicable Local Government of the capacity deficiencies. If sufficient capacity is not available or planned to serve the development at the projected time of impact, the Local Government shall advise the developer that the School Board staff has identified there may be insufficient capacity to serve the development at the time of projected impact. The Local Government shall then advise the developer that they may choose to explore with the School Board and Local Government to provide mitigation for the anticipated impact at the time of review of the final site plan, final plat, or the functional equivalent. If the developer chooses to utilize the options identified in Section 11.5 of this Agreement, the developer shall enter into an enforceable and binding agreement with the School Board and Local Government. It is required that an enforceable and binding agreement be executed by the School Board prior to the Local Government’s public hearing for approval of the final site plan, final plat, or the functional equivalent. When the agreement is approved by the School Board, the agreement will then be presented for approval to the Local Government at the public hearing for the final site plan, final plat, or the functional equivalent. If the developer chooses not to utilize this option, the developer shall acknowledge in writing to the School Board that they understand that they shall be required to address those anticipated deficits prior to final site plan, final plat or the functional equivalent. The review by the School Board staff regarding comprehensive plan amendments, rezonings and DRIs containing residential units shall be classified as a Planning Level Review. The Planning Level Review does not constitute school concurrency review. This Section shall not be construed to obligate a Local Government to deny an application should the School Board fail to identify options to meet anticipated demand or should the collaborative process described in this Section fail to yield a means to ensure sufficient capacity.
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Insufficient Capacity. VIRL shall have the right to reject any request for Services, including any Statement of Work or Change Order requested by NXP or any of its Affiliates, to the extent above the Minimum Quarterly Redemption on a quarterly basis, if it reasonably determines, after good faith discussion with NXP, that it does not have the capacity to fulfill the requirements.
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Insufficient Capacity. Lack the capacity in accordance with Sections 9.1or 9.2 or 9.3 which is not attributable to Saifun, and Macronix fails to cure in accordance with the provisions of Section 9.7; or
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Insufficient Capacity. If at any time LMGC, acting reasonably, determines (whether from reviewing the reports Airline provides under Section 1.7, from a review of SABRE or otherwise) that the capacity made available to LMGC on a **** Route or **** Route with respect to a particular **** day period that has not been completed does not comply with Section 1.3, LMGC may notify Airline thereof. If Airline has not remedied the situation to the reasonable satisfaction of LMGC within 72 hours thereafter, LMGC shall be entitled to book Special Tickets on such **** Route or **** Route, as applicable, in any other economy booking classes in order to ensure that it has the capacity required under Section 1.3 with respect to such **** day period, and the fares payable by LMGC for such Special Tickets shall still be the Special Fares. Similarly, if at any time LMGC determines that it was not provided sufficient capacity on a **** Route or **** Route with respect to any particular **** day period that has then been completed, it may notify Airline thereof. If Airline has not remedied the situation to the reasonable satisfaction of LMGC within 72 hours thereafter, LMGC shall be entitled, for the **** day period thereafter and in addition to the capacity otherwise provided hereunder on such **** Route or **** Route, as applicable, to book additional Airline Seats at the Special Fares in any other economy booking classes in a number sufficient to make up the deficiency for that particular **** day period. In selecting other classes to look to for purposes of this Section 1.4, LMGC shall review the available classes in order of priority, starting with the lowest priority as advised to LMGC from time to time by Airline in writing. If, as a result of booking Special Tickets in any such other class for which the Special Fares have not been loaded, LMGC pays an amount therefor greater than the Special Fares, Airline shall promptly make any required adjustments in connection therewith.
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Insufficient Capacity. If at any time LMGC, acting reasonably, determines (whether from reviewing the reports Airline provides under Section 1.7, from a review of SABRE or otherwise) that the capacity made available to LMGC **** with respect to a particular **** day period that has not been completed does not comply with Section 1.3, LMGC may notify Airline thereof. ****
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Related to Insufficient Capacity

  • Insufficient Funds If at any time insufficient funds are received by and available to the Administrative Agent to pay fully all amounts of principal, L/C Borrowings, interest and fees then due hereunder, such funds shall be applied (i) first, toward payment of interest and fees then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of interest and fees then due to such parties, and (ii) second, toward payment of principal and L/C Borrowings then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal and L/C Borrowings then due to such parties.

  • Missing or Insufficient Review Materials Upon receipt of the Review Materials, the Asset Representations Reviewer will review the Review Materials to determine if any Review Materials are missing or insufficient for the Asset Representations Reviewer to perform any Test. If the Asset Representations Reviewer determines any missing or insufficient Review Materials, the Asset Representations Reviewer will notify the Servicer promptly, and in any event no less than 20 calendar days before completing the Asset Representations Review. The Servicer will have 15 calendar days to give the Asset Representations Reviewer access to the missing Review Materials or other documents or information to correct the insufficiency. If the missing Review Materials or other documents have not been provided by the Servicer within 15 calendar days, the related Review Report will report a Test Fail for each Test that requires use of the missing or insufficient Review Materials.

  • Insufficient Insurance Proceeds If the cost of the repair or restoration of the applicable Facility exceeds the amount of insurance proceeds received by Landlord and Tenant pursuant to Section 9.1, Tenant shall give Landlord Notice thereof which notice shall set forth in reasonable detail the nature of such deficiency and whether Tenant shall pay and assume the amount of such deficiency (Tenant having no obligation to do so, except that, if Tenant shall elect to make such funds available, the same shall become an irrevocable obligation of Tenant pursuant to this Agreement). In the event Tenant shall elect not to pay and assume the amount of such deficiency, Landlord shall have the right (but not the obligation), exercisable at Landlord’s sole election by Notice to Tenant, given within sixty (60) days after Tenant’s notice of the deficiency, to elect to make available for application to the cost of repair or restoration the amount of such deficiency; provided, however, in such event, upon any disbursement by Landlord thereof, the Minimum Rent shall be adjusted as provided in Section 3.1.1(c). In the event that neither Landlord nor Tenant shall elect to make such deficiency available for restoration, either Landlord or Tenant may terminate this Agreement with respect to the affected Property by Notice to the other, whereupon, this Agreement shall so terminate and insurance proceeds shall be distributed as provided in Section 10.2.1. It is expressly understood and agreed, however, that, notwithstanding anything in this Agreement to the contrary, Tenant shall be strictly liable and solely responsible for the amount of any deductible and shall, upon any insurable loss, pay over the amount of such deductible to Landlord at the time and in the manner herein provided for payment of the applicable proceeds to Landlord.

  • Equipment Failures In the event of equipment failures beyond the Administrator's control, the Administrator shall take reasonable and prompt steps to minimize service interruptions but shall have no liability with respect thereto. The Administrator shall develop and maintain a plan for recovery from equipment failures which may include contractual arrangements with appropriate parties making reasonable provision for emergency use of electronic data processing equipment to the extent appropriate equipment is available.

  • Insufficient Authorized Shares The Company shall at all times keep reserved for issuance under this Warrant a number of shares of Common Stock as shall be necessary to satisfy the Company’s obligation to issue shares of Common Stock hereunder (without regard to any limitation otherwise contained herein with respect to the number of shares of Common Stock that may be acquirable upon exercise of this Warrant). If, notwithstanding the foregoing, and not in limitation thereof, at any time while any of the SPA Warrants remain outstanding the Company does not have a sufficient number of authorized and unreserved shares of Common Stock to satisfy its obligation to reserve for issuance upon exercise of the SPA Warrants at least a number of shares of Common Stock equal to the number of shares of Common Stock as shall from time to time be necessary to effect the exercise of all of the SPA Warrants then outstanding (the “Required Reserve Amount”) (an “Authorized Share Failure”), then the Company shall immediately take all action necessary to increase the Company’s authorized shares of Common Stock to an amount sufficient to allow the Company to reserve the Required Reserve Amount for all the SPA Warrants then outstanding. Without limiting the generality of the foregoing sentence, as soon as practicable after the date of the occurrence of an Authorized Share Failure, but in no event later than sixty (60) days after the occurrence of such Authorized Share Failure, the Company shall hold a meeting of its stockholders for the approval of an increase in the number of authorized shares of Common Stock. In connection with such meeting, the Company shall provide each stockholder with a proxy statement and shall use its best efforts to solicit its stockholders’ approval of such increase in authorized shares of Common Stock and to cause its board of directors to recommend to the stockholders that they approve such proposal.

  • Sufficient Funds Buyer has, and will have at the Effective Time, sufficient funds to consummate the transactions contemplated by this Agreement, subject to the terms and conditions of this Agreement.

  • 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 “

  • Shortfall If, on any date, the Outstanding Advances shall exceed the Maximum Advance Amount (such excess, the "Shortfall Amount"), then the Customer shall on such date prepay the Outstanding Advances in an amount equal to such Shortfall Amount.

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