Over/Under Account. Buyer may, in its sole and good faith discretion, withdraw from the Over/Under Account amounts equal to any Margin Deficit which is not otherwise satisfied by Seller within the time frames provided in this Section 6.3.
Over/Under Account. (a) Seller shall at all times maintain a balance in the Over/Under Account of not less than the Minimum Over/Under Account Balance. The Over/Under Account shall be used to assist in settling Seller’s payment obligations to Purchaser under this Agreement. Purchaser shall not be required to segregate and hold funds deposited by or on behalf of Seller in the Over/Under Account separate and apart from Purchaser’s own funds or funds deposited by or held for others. Upon the occurrence of a Potential Default or an Event of Default, Purchaser shall have the right to increase the Minimum Over/Under Account Balance Seller is required to maintain in the Over/Under Account by giving notice to Seller thereof. If Seller fails to deposit funds in the Over/Under Account to comply with any such required increase within the time frame required by Purchaser, Purchaser shall have the right to retain in the Over/Under Account any amounts received by Purchaser on behalf of Seller or otherwise credited to the Over/Under Account to comply with any such required increase, including, without limitation, any purchase proceeds received by Purchaser from any Takeout Investor pursuant to Section 3. Purchaser shall not be liable to Seller for any costs, losses or damages arising from or relating to the increase of the Minimum Over/Under Account Balance that Seller is required to maintain in the Over/Under Account or retention of excess funds by Purchaser to comply with any such increase. For the sake of clarity, only one Over/Under Account shall be maintained by Purchaser for Seller in connection with this Agreement and the Master Repurchase Agreement, if any, and such Over/Under Account shall be subject to the terms of this Agreement as well as the Master Repurchase Agreement, if any.
(b) Within one (1) Business Day of Purchaser’s receipt of a payment from Seller or a Takeout Investor, Purchaser shall credit to the Over/Under Account all amounts received by it that exceed those amounts then due to Purchaser in accordance with this Agreement. Purchaser shall make available to Seller by posting on its warehouse lending website within one (1) Business Day following any such credit to the Over/Under Account, or as soon thereafter as is reasonably possible, a statement that details the amounts so credited by Purchaser to the Over/Under Account.
(c) If any amount credited to the Over/Under Account creates a balance in excess of the Minimum Over/Under Account Balance required pursuant to Sec...
Over/Under Account. That account maintained by Buyer, as described in Section 3.5.
Over/Under Account. If deliveries in a Contract Year exceed ****** million MMBTU, the MMBTU delivered in excess of ****** million MMBTU shall be considered "Over MMBTU." If deliveries in a Contract Year are less than ****** million MMBTU, the difference between actual delivered MMBTU (as determined by Seller's invoices to Buyer) and ****** million MMBTU shall be considered "Under MMBTU." Seller shall calculate the running net balance of Over MMBTU and Under MMBTU as of the end of each Contract Year and so notify Buyer. If at the end of any Contract Year, the termination of this Agreement, or on December 31, 2021, the final calculation of the running net balance exceeds ****** million Over MMBTU, then Seller may invoice Buyer for the entire net balance of Over MMBTU. The amount per ton payable on the Over MMBTU shall be the weighted average of the Adjusted Purchase Price paid for coal delivered during the Contract Year in which the Over MMBTU exceeded ****** million Over MMBTU (i.e., the total invoiced amount (in dollars) for all coal delivered during that Contract Year, divided by the total number of tons delivered during that Contract Year), minus Tier 2 Adjusted Purchase Price effective on June 30 for the Contract Year. Payment of this amount will cause the running net balance of Over MMBTU and Under MMBTU to reset to zero. For the 2021 Stub Year, Over MMBTU and Under MMBTU will be measured against a prorated standard of ****** million MMBTU. Over MMBTU/Under MMBTU shall be converted to tons by dividing the total Over MMBTU by 9.9, and then divided by 2. Exhibit E sets forth two hypothetical examples of Over MMBTU/Under MMBTU calculations.
Over/Under Account. 8.5.1 In the event the quantity of the priced estimated payable gold and/or payable silver in the Material for the delivery does not exactly equal the actual quantity of the payable gold and/or payable silver in such delivery for any reason whatsoever including Force Majeure, the Seller and Xxxxx shall settle the difference in accordance with the following methods:
a) In the event the priced estimated payable gold and/or payable silver is greater than the payable gold and/or payable silver, the Buyer, at its option, may request the Seller settle the differences by delivering the shortfall of payable gold and/or payable silver in its next shipment or settle by way of TT payment to the Buyer within 2 Business Days of the Buyer’s invoice, the value of which shall be determined as per 8.
Over/Under Account. Administrative Agent may withdraw from the Over/Under Account amounts equal to any Margin Deficit which is not otherwise satisfied by Seller within the time frames provided in this Section 6.3.
Over/Under Account. That account maintained by Administrative Agent, as described in Section 3.5.
Over/Under Account. Section 3.5 of the Existing Master Repurchase Agreement is hereby amended by:
2.1 deleting section 3.5(a) in its entirety and replacing it with the following:
Over/Under Account. The Existing MLPSA is hereby amended by inserting the following Section 30 at the end thereof:
Over/Under Account
