Minimum Port Usage Surcharge. Any month Customer fails to equal or exceed the Minimum Port Usage per Active Resale DirectPort as stated on Attachment A, Customer shall pay Sprint a surcharge on its Ultra WATS usage equal to the difference between (a) Customer's actual Net Usage for Resale Direct Service and (b) the Minimum Port Usage multiplied by the total number of Active Resale Direct Ports. This surcharge shall be calculated at each Product Hierarchy Xxxxx.

Minimum Port Usage Surcharge. Any month Customer fails to equal or exceed the Minimum Port Usage per Active Dedicated Outbound Port (calculated as Customer's actual Net Usage for Dedicated Outbound Service divided by Customer's total number of Active Dedicated Outbound Ports at each Product Hierarchy Level) as stated on Attachment A, Customer shall pay Sprint a surcharge on its Dedicated Outbound Service usage equal to the difference between (a) Customer's actual Net Usage for Dedicated Outbound Service and (b) the Minimum Port Usage multiplied by the total number of Active Dedicated Outbound Ports.

Minimum Port Usage Surcharge. Any month Customer fails to equal or exceed the MINIMUM PORT USAGE per ACTIVE RESALE DIRECT PORT (calculated as Customer's actual NET USAGE for Resale Direct SERVICE divided by Customer's total number of ACTIVE RESALE DIRECT PORTS at each PRODUCT HIERARCHY LEVEL) as stated on ATTACHMENT A, Customer shall pay Sprint a surcharge on its Resale Direct SERVICE usage equal to the difference between (a) Customer's actual NET USAGE for Resale Direct SERVICE and (b) the MINIMUM PORT USAGE multiplied by the total number of ACTIVE RESALE DIRECT PORTS.

Minimum Port Usage Surcharge. Any month Customer fails to equal or exceed the MINIMUM PORT USAGE per ACTIVE DEDICATED PORT as stated on EXHIBIT 3, Customer shall pay BSLD a surcharge on its Dedicated Service usage equal to the difference between (a) [*] (b) the MINIMUM PORT USAGE multiplied by the total number of ACTIVE DEDICATED PORTS. This surcharge shall be calculated in each PRODUCT HIERARCHY LEVEX.

Minimum Port Usage Surcharge. Any month Customer fails to equal or exceed the MINIMUM PORT USAGE per ACTIVE DEDICATED OUTBOUND PORT (calculated as Customer's actual NET USAGE for Dedicated Outbound SERVICE divided by Customer's total number of ACTIVE DEDICATED OUTBOUND PORTs at each PRODUCT HIERARCHY LEVEL) as stated on ATTACHMENT A, Customer shall pay Sprint a surcharge on its Dedicated Outbound SERVICE usage equal to the difference between (a) Customer's actual NET USAGE for Dedicated Outbound SERVICE and (b) the MINIMUM PORT USAGE multiplied by the total number of ACTIVE DEDICATED OUTBOUND PORTS.

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Intent to Limit Charges to Maximum Lawful Rate In no event shall the interest rate or rates payable under this Agreement, plus any other amounts paid in connection herewith, exceed the highest rate permissible under any law that a court of competent jurisdiction shall, in a final determination, deem applicable. Borrower and the Lender Group, in executing and delivering this Agreement, intend legally to agree upon the rate or rates of interest and manner of payment stated within it; provided, however, that, anything contained herein to the contrary notwithstanding, if said rate or rates of interest or manner of payment exceeds the maximum allowable under applicable law, then, ipso facto, as of the date of this Agreement, Borrower is and shall be liable only for the payment of such maximum as allowed by law, and payment received from Borrower in excess of such legal maximum, whenever received, shall be applied to reduce the principal balance of the Obligations to the extent of such excess.
Minimum Revenue Borrower and its Subsidiaries shall have Revenue from sales, marketing or distribution of the Product and related services (for each respective measured period, the “Minimum Required Revenue”): (a) during the twenty-four month period beginning on January 1, 2015, of at least $45,000,000; (b) during the twenty-four month period beginning on January 1, 2016, of at least $80,000,000; (c) during the twenty-four month period beginning on January 1, 2017, of at least $110,000,000; and (d) during the twenty-four month period beginning on January 1, 2018, of at least $120,000,000; and (e) during the twenty-four month period beginning on January 1, 2019, of at least $120,000,000.
Minimum Monthly Rent (Section 1.5): Tenant shall pay to Landlord Minimum Monthly Rent for the Premises during the Extended Term in accordance with the schedule and in the amount set forth below: 01/01/13-07/31/13 $ 1,776.25 per month $ 8,645.00 per month $ 10,421.25 per month 08/01/13-07/31/14 $ 1,827.00 per month $ 8,892.00 per month $ 10,719.00 per month 08/01/14-07/31/15 $ 1,877.75 per month $ 9,139.00 per month $ 11,016.75 per month
Maximum Charges In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under law. In the event interest and other charges as computed hereunder would otherwise exceed the highest rate permitted under law, such excess amount shall be first applied to any unpaid principal balance owed by Borrowers, and if the then remaining excess amount is greater than the previously unpaid principal balance, Lenders shall promptly refund such excess amount to Borrowers and the provisions hereof shall be deemed amended to provide for such permissible rate.
Non-Usage Fee The Borrower shall pay to the Bank a non-usage fee on the average daily unused portion of Facility A at a rate of 0.25% per annum, payable in arrears within fifteen (15) days of the end of each calendar quarter for which the fee is owing.
Adjustment of Minimum Quarterly Distribution and Target Distribution Levels (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section 6.9.
Minimum Interest Charge If the interest charge for all balances on your Credit Card account is less than $1.00, we will charge you the Minimum Interest Charge shown on page 1. This charge is in lieu of any interest charge.
Minimum Cash As determined on the first of every calendar month, the Company shall at all times keep on-hand unencumbered, unrestricted cash in an amount greater than or equal to $1,000,000.
Maximum Annual Operating Expense Limit The Maximum Annual Operating Expense Limit with respect to each Fund shall be the amount specified in Schedule A based on a percentage of the average daily net assets of each Fund.
Minimum Cash Balance Licensee shall fund the Facility Checking Account --------------------- with an initial amount equal to $25,000.00 and thereafter Licensee shall provide the working capital required by Section I(H) of this Agreement

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