Loss of Available Capacity Sample Clauses

Loss of Available Capacity. If, for any reason (other than outages caused by Carrier’s planned maintenance), the average daily capacity of the Pipeline during a given Calendar Quarter is less than the Company’s Minimum Quarterly Transportation Commitment for such Calendar Quarter, or if the capacity of the Pipeline is required to be allocated among shippers with the result that the average daily capacity of the Pipeline available to Company during a given Calendar Quarter is less than the Company’s Minimum Quarterly Transportation Commitment for such Calendar Quarter, then Company’s Minimum Quarterly Transportation Commitment for the applicable Calendar Quarter shall be reduced to equal the average daily capacity available to Company during such Calendar Quarter.
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Loss of Available Capacity. If, for any reason (other than outages caused by Carrier’s planned maintenance), the average daily capacity of any segment of the Pipeline between any pair of Origin Point and Destination Point as set forth in the chart in Section 3.01(a) (a “Route”) during a given Calendar Quarter is less than the Company’s Minimum Quarterly Transportation Commitment for such Calendar Quarter applicable to such Route, or if the capacity of any Route of the Pipeline is required to be allocated among shippers with the result that the average daily capacity of such Route available to Company during a given Calendar Quarter is less than the Company’s Minimum Quarterly Transportation Commitment for such Calendar Quarter applicable to such Route, then Company’s Minimum Quarterly Transportation Commitment for the applicable Calendar Quarter applicable to such Route shall be reduced to equal the average daily capacity available to Company for such Route during such Calendar Quarter.
Sample 1Sample 2Sample 3
Loss of Available Capacity. If, for any reason (other than an Outage or a Carrier Force Majeure), the average daily capacity of the Pipeline during a given Calendar Quarter is less than the Minimum Quarterly Commitment for such Calendar Quarter, or if the capacity of the Pipeline is required to be allocated among shippers with the result that the average daily capacity of the Pipeline available to Shipper during a given Calendar Quarter is less than the Minimum Quarterly Commitment for such Calendar Quarter, then the Minimum Quarterly Commitment for the applicable Calendar Quarter shall be reduced to equal the average daily capacity available to Shipper during such Calendar Quarter.
Sample 1Sample 2
Loss of Available Capacity. If, for any reason (other than an Outage or a Company Force Majeure), the average daily capacity of the Terminal for any service provided under the Schedule during a given Calendar Quarter is less than the applicable Minimum Quarterly Commitment for such Calendar Quarter, or if the capacity of the Terminal for any service is required to be allocated among third parties with the result that the average daily capacity of the Terminal available to Customer for any service during a given Calendar Quarter is less than the applicable Minimum Quarterly Commitment for such Calendar Quarter, then such Minimum Quarterly Commitment for the applicable Calendar Quarter shall be reduced to equal the average daily capacity available to Customer during such Calendar Quarter.
Sample 1Sample 2
Loss of Available Capacity. (a) If, for any reason (other than outages caused by Carrier’s planned maintenance), the average daily capacity of the Pipeline segment between the Wood River Refinery and the Terminal during a given Calendar Quarter is less than the Company’s Wood River Minimum Quarterly Transportation Commitment for such Calendar Quarter, or if the capacity of the Pipeline segment between the Wood River Refinery and the Terminal is required to be allocated among shippers with the result that the average daily capacity of the Pipeline segment available to Company during a given Calendar Quarter is less than the Company’s Minimum Wood River Quarterly Transportation Commitment for such Calendar Quarter, then Company’s Minimum Wood River Quarterly Transportation Commitment for the applicable Calendar Quarter shall be reduced to equal the average daily capacity on the segment available to Company during such Calendar Quarter.
Sample 1Sample 2
Loss of Available Capacity. If, for any reason (other than outages caused by Carrier’s planned maintenance or loss of capacity due to fault or negligence of Company, its Affiliates or any of their agents or employees ), the average daily truck rack capacity of any Terminal during a given Calendar Quarter multiplied by the number of Days in the Calendar Quarter is less than the Company’s Quarterly Truck Rack Committed Volume for such Calendar Quarter applicable to such Terminal, or if the truck rack capacity of such Terminal is required to be allocated among customers with the result that the average daily truck rack capacity of such Terminal available to Company during a given Calendar Quarter multiplied by the number of Days in the Calendar Quarter is less than the Company’s Quarterly Truck Rack Committed Volume for such Calendar Quarter applicable to such Terminal, then Company’s Quarterly Truck Rack Committed Volume for the applicable Calendar Quarter applicable to such Terminal shall be reduced to equal the product of the average daily truck rack capacity available to Company for such Terminal during such Calendar Quarter multiplied by the number of Days in the Calendar Quarter.
Sample 1
Loss of Available Capacity. If, for any reason (other than outages caused by Carrier’s planned maintenance), the average daily capacity of any Route during a given Calendar Quarter multiplied by the number of Days in the Calendar Quarter is less than the Company’s Quarterly Committed Volume for such Calendar Quarter applicable to such Route, or if the capacity of any Route of the Pipelines is required to be allocated among shippers with the result that the average daily capacity of such Route available to Company during a given Calendar Quarter multiplied by the number of Days in the Calendar Quarter is less than the Company’s Quarterly Committed Volume for such Calendar Quarter applicable to such Route, then Company’s Quarterly Committed Volume for the applicable Calendar Quarter applicable to such Route shall be reduced to equal the product of the average daily capacity available to Company for such Route during such Calendar Quarter multiplied by the number of Days in the Calendar Quarter.
Sample 1
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Loss of Available Capacity. If the capacity of a Terminal or blending facility falls below the level of Company’s Minimum Quarterly Truck Rack Commitment, Minimum Quarterly Ethanol Commitment, Minimum Quarterly Biodiesel Commitment or Minimum Quarterly Pasadena Pumpover Commitment at any time and for any reason (other than outages caused by Carrier’s planned maintenance), such Commitment shall be proportionately reduced for such time that capacity of such Terminal or such blending facility is less than such Commitment.
Sample 1
Loss of Available Capacity. If the capacity of a Terminal falls below the level of Company’s Minimum Quarterly Dock Commitment or Minimum Quarterly Throughput Commitment at any time and for any reason (other than outages caused by Holdings’ planned maintenance), such Commitment shall be proportionately reduced for such time that capacity of such Terminal or such blending facility is less than such Commitment.
Sample 1

Related to Loss of Available Capacity

  • Excess Cash Flow No later than ten (10) Business Days after the date on which the financial statements with respect to each fiscal year of Holdings ending on or after December 31, 2019 in which an Excess Cash Flow Period occurs are required to be delivered pursuant to Section 5.01(a) (each such date, an “ECF Payment Date”), the Borrower shall, if and to the extent Excess Cash Flow for such Excess Cash Flow Period exceeds $1,375,000, make prepayments of Term Loans in accordance with Section 2.10(h) and (i) in an aggregate amount equal to (A) the Applicable ECF Percentage of Excess Cash Flow for the Excess Cash Flow Period then ended (for the avoidance of doubt, including the $1,375,000 floor referenced above) (B) minus $1,375,000 minus (C) at the option of the Borrower, the aggregate principal amount of (x) any Term Loans, Incremental Term Loans, Revolving Loans or Incremental Revolving Loans (or, in each case, any Credit Agreement Refinancing Indebtedness in respect thereof), in each case prepaid pursuant to Section 2.10(a), Section 2.16(b)(B) or Section 10.02(e)(i) (or pursuant to the corresponding provisions of the documentation governing any such Credit Agreement Refinancing Indebtedness) (in the case of any prepayment of Revolving Loans and/or Incremental Revolving Loans, solely to the extent accompanied by a corresponding permanent reduction in the Revolving Commitment), during the applicable Excess Cash Flow Period (or, at the option of the Borrower and without duplication, after such Excess Cash Flow Period and prior to such ECF Payment Date) and (y) the amount of any reduction in the outstanding amount of any Term Loans or Incremental Term Loans resulting from any assignment made in accordance with Section 10.04(b)(vii) of this Agreement (or the corresponding provisions of any Credit Agreement Refinancing Indebtedness issued in exchange therefor), during the applicable Excess Cash Flow Period (or, at the option of the Borrower and without duplication, after such Excess Cash Flow Period and prior to such ECF Payment Date), and in the case of all such prepayments or buybacks, to the extent that (1) such prepayments or buybacks were financed with sources other than the proceeds of long-term Indebtedness (other than revolving Indebtedness to the extent intended to be repaid from operating cash flow) of Holdings or its Restricted Subsidiaries and (2) such prepayment or buybacks did not reduce the amount required to be prepaid pursuant to this Section 2.10(f) in any prior Excess Cash Flow Period (such payment, the “ECF Payment Amount”).

  • 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.

  • Damage Near End of Term If at any time during the last six (6) months of the term of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may, at Lessor's option, terminate this Lease effective sixty (60) days following the date of occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such damage. Provided, however, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising such option, and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is ten (10) days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate as of the date set forth in the first sentence of this Paragraph 9.5.

  • Clean-Up Period (a) Notwithstanding any other provision of any Finance Document:

  • 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 “

  • 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:

  • Cash Flow Multi-Year Cash Flow = ( ) − ( ); One-Year Cash Flow = ( ) − ( ) Preliminary Rating Final Rating (Following Additional Analysis)

  • PREMISES PARTIAL DAMAGE - INSURED LOSS If Premises Partial Damage that is an Insured Loss occurs, then Lessor shall, at Lessor's expense, repair such damage (but not Lessee's Trade Fixtures or Lessee-Owned Alterations and Utility Installations) as soon as reasonably possible and this Lease shall continue in full force and effect. In the event, however, that there is a shortage of insurance proceeds and such shortage is due to the fact that, by reason of the unique nature of the improvements in the Premises, full replacement cost insurance coverage was not commercially reasonable and available, Lessor shall have no obligation to pay for the shortage in insurance proceeds or to fully restore the unique aspects of the Premises unless Lessee provides Lessor with the funds to cover same, or adequate assurance thereof, within ten (10) days following receipt of written notice of such shortage and request therefor. If Lessor receives said funds or adequate assurance thereof within said ten (10) day period, Lessor shall complete them as soon as reasonably possible and this Lease shall remain in full force and effect. If Lessor does not receive such funds or assurance within said period, Lessor may nevertheless elect by written notice to Lessee within ten (10) days thereafter to make such restoration and repair as is commercially reasonable with Lessor paying any shortage in proceeds, in which case this Lease shall remain in full force and effect. If Lessor does not receive such funds or assurance within such ten (10) day period, and if Lessor does not so elect to restore and repair, then this Lease shall terminate sixty (60) days following the occurrence of the damage or destruction. Unless otherwise agreed, Lessee shall in no event have any right to reimbursement from Lessor for any funds contributed by Lessee to repair any such damage or destruction. Premises Partial Damage due to flood or earthquake shall be subject to Paragraph 9.3 rather than Paragraph 9.2, notwithstanding that there may be some insurance coverage, but the net proceeds of any such insurance shall be made available for the repairs if made by either Party.

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