Common use of Purchase Shortfalls Clause in Contracts

Purchase Shortfalls. If Conergy purchases fewer Xxxxx than the lesser of (i) the Yearly Minimum Quantity, as calculated in accordance with Section 2.2(a) or (ii) the amount of Xxxxx tendered for delivery by MEMC during any Contract Year, Conergy shall pay to MEMC via wire transfer of immediately available funds, within ten (10) days after being invoiced therefor, the difference between (A) the amount that would have been payable by Conergy during such Contract Year if Conergy had purchased the lesser of (i) the Yearly Minimum Quantity as calculated in accordance with Section 2.2(a) or (ii) the amount of Xxxxx tendered for delivery by MEMC during the entire Contract Year, and (B) the amount payable by Conergy during such Contract Year for the actual volume of Xxxxx purchased by Conergy from MEMC based on the applicable price listed on Attachment B hereto (such calculated amount, the “Purchase Shortfall”). The Purchase Shortfall shall accrue interest at the rate of one and one-half percent (1.5%) per month from the date of the invoice therefor, unless prohibited by Law.

Purchase Shortfalls. If Conergy Tainergy purchases fewer Xxxxx than the lesser of (i) the Yearly Minimum Quantity, as calculated in accordance with Section 2.2(a) or (ii) the amount of Xxxxx tendered for delivery by MEMC during any Contract Year, Conergy Tainergy shall pay to MEMC via wire transfer of immediately available funds, within ten (10) days after being invoiced therefor, the difference between (A) the amount that would have been payable by Conergy Tainergy during such Contract Year if Conergy Tainergy had purchased the lesser of (i) the Yearly Minimum Quantity as calculated in accordance with Section 2.2(a) or (ii) the amount of Xxxxx tendered for delivery by MEMC during the entire Contract Year, and (B) the amount payable by Conergy Tainergy during such Contract Year for the actual volume of Xxxxx purchased by Conergy Tainergy from MEMC based on the applicable price listed on Attachment B hereto (such calculated amount, the “Purchase Shortfall”). The Purchase Shortfall shall accrue interest at the rate of one and one-half percent (1.5%) per month from the date of the invoice therefor, unless prohibited by Law.. REDACTED VERSION

Purchase Shortfalls. If Conergy Suntech purchases fewer Xxxxx Wxxxx than the lesser of (i) the Yearly Minimum Quantity, as calculated in accordance with Section 2.2(a) or (ii) the amount of Xxxxx Wxxxx tendered for delivery by MEMC during any Contract Year, Conergy Suntech shall pay to MEMC via wire transfer of immediately available funds, within ten (10) days after being invoiced therefor, the difference between (A) the amount that would have been payable by Conergy Suntech during such Contract Year if Conergy Suntech had purchased the lesser of (i) the Yearly Minimum Quantity as calculated in accordance with Section 2.2(a) or (ii) the amount of Xxxxx Wxxxx tendered for delivery by MEMC during the entire Contract Year, and (B) the amount payable by Conergy Suntech during such Contract Year for the actual volume of Xxxxx Wxxxx purchased by Conergy Suntech from MEMC based on the applicable price listed on Attachment B hereto (such calculated amount, the “Purchase Shortfall”). The Purchase Shortfall shall accrue interest at the rate of one and one-half percent (1.50.5%) per month from the date of the invoice therefor, unless prohibited by Law.

Purchase Shortfalls. If Conergy Suntech purchases fewer Xxxxx than the lesser of (i) the Yearly Minimum Quantity, as calculated in accordance with Section 2.2(a) or (ii) the amount of Xxxxx tendered for delivery by MEMC during any Contract Year, Conergy Suntech shall pay to MEMC via wire transfer of immediately available funds, within ten (10) days after being invoiced therefor, the difference between (A) the amount that would have been payable by Conergy Suntech during such Contract Year if Conergy Suntech had purchased the lesser of (i) the Yearly Minimum Quantity as calculated in accordance with Section 2.2(a) or (ii) the amount of Xxxxx tendered for delivery by MEMC during the entire Contract Year, and (B) the amount payable by Conergy Suntech during such Contract Year for the actual volume of Xxxxx purchased by Conergy Suntech from MEMC based on the applicable price listed on Attachment B hereto (such calculated amount, the “Purchase Shortfall”). The Purchase Shortfall shall accrue interest at the rate of one and one-half percent (1.50.5%) per month from the date of the invoice therefor, unless prohibited by Law.