Shortfall Fee Sample Clauses

Shortfall Fee. If, in any quarter of a twelve month measurement period NLS and its Affiliates purchase from Broadcom less than the stated minimum purchase commitment percentage less five percentage points for any Broadcom Product (determined for this purpose as if the annual purchase commitments were also applicable to such [*****] Confidential portion has been filed separately with the Securities and Exchange Commission. quarter), then NLS shall promptly pay to Broadcom an amount equal to [*****] of Broadcom's unit profit margin (as set forth in Section 6) for such Broadcom Product multiplied by the additional number of units of such Broadcom Product that NLS and its Affiliates would be required to purchase so that their aggregate purchases of such Broadcom Product for the quarter would have equaled the stated minimum purchase commitment; provided, however, that in no event will NLS's payment obligations to Broadcom pursuant to this Section 7.4(b) exceed [*****] for any quarter. NLS shall provide Broadcom with reasonably detailed calculations of its purchase commitment compliance within thirty (30) days after the end of each quarter of a twelve month measurement period. Nothing contained in this Section 7.4(b) shall be deemed to create a minimum purchase obligation for NLS and its Affiliates in addition to the annual minimum purchase commitments set forth in this Section 7, and no failure on the part of NLS and its Affiliates to purchase particular quantities of Broadcom Products in any quarter (other than as set forth in Section 7.4(a)) shall in itself be deemed to constitute a material breach of this Agreement, but the failure of NLS and its Affiliates to purchase the stated minimum quantity of each Broadcom Product described in Sections 7.1, 7.3 and 7.5 during a twelve month measurement period shall constitute a material breach of this Agreement.
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Shortfall Fee. For any calendar quarter, should Customer fail to tender an aggregate volume of Customer Product to Operator at the Terminals equal to the MTVC for such calendar quarter and Operator is ready, willing and able to provide the Minimum Throughput Capacity, then Customer shall pay to Operator a fee in accordance with the terms of this Agreement as a result of such shortfall (such fee, a “Shortfall Fee”) calculated as follows: i. The sum of: a) the amount of the MTVC for which Operator was ready, willing and able to provide the Minimum Throughput Capacity, and for the avoidance of doubt, such amount shall not include any volumes for which Operator was not ready, willing and able to provide the Minimum Throughput Capacity for any reason not resulting from actions or inactions by Customer or its affiliates, including but not limited to the following: if Operator is required to reduce the Minimum Throughput Capacity to comply with any applicable law, rule or regulation, if Operator is unable to provide the Minimum Throughput Capacity due to a Force Majeure Event (as defined herein), or if Operator’s repair and maintenance schedule prevents Customer from using the Minimum Throughput Capacity or any portion thereof, minus b) the aggregate volumes, stated in gallons, of Customer Product actually tendered into the Terminals by Customer during such calendar quarter, multiplied by ii. the Throughput Rate.
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Shortfall Fee. The failure to meet the Event/Attendance Target during any Year during the Term (an “Attendance Shortfall”), shall result in Operator being obligated to pay to Owner a fee calculated in the amount of the Base Fee in effect for the Year in which the Attendance Shortfall occurred (giving effect to year-over-year increases of the Base Fee), multiplied by the difference in [***] (being 35 x [***]) and the aggregate number of attendees to all Events at the Venue during the applicable Year booked by Operator (but excluding unmanifested tickets issued to Suite holders). Such fee shall be due and payable by January 31 in the year following the Year in which the Attendance Shortfall occurred (the “Shortfall Fee”).
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Shortfall Fee x. Xx any Shortfall Quarter, Company shall pay to Contractor an amount equal to the product of the (i) Committed Volume Shortfall for such Shortfall Quarter; and (ii) *** dollars ($***) per ton (each a “Shortfall Fee”). b. Contractor shall invoice such Shortfall Fee in the month immediately following the Shortfall Quarter and such Shortfall Fee shall be payable to Contractor in accordance with Section 3. c. If Company is unable to meet the “Storage Facilities Minimum Volume Commitment” due to Contractor’s failure to perform its obligations under this Agreement (including ***) for reasons that are not due to an event of force majeure covered by Section 14 of this Agreement, Company is not subject to “Shortfall Fee” for the volumes affected by such Contractor failure.
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Shortfall Fee. If Tenant does not spend at least $10,000,000 on Capital Improvements by June 30, 2028, Tenant shall pay the County the Shortfall Fee, plus interest on the Shortfall Fee calculated at 6% per year from the Effective Date through the date the Shortfall Fee is paid. For purposes of this lease, the “Shortfall Fee” is equal to the result obtained by multiplying the Extension Fee by a fraction, the numerator of which is the Shortfall Amount and the denominator of which is $10,000,000. For purposes of this lease, the “Shortfall Amount” means the amount by which Tenant spends less than $10,000,000 on Capital Improvements after the Effective Date and prior to July 1, 2028.
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Shortfall Fee. The Guarantor shall pay Xxxxxxx Mac a fee equal to the Shortfall Fee Percentage (hereinafter defined) times the Escrow Shortfall as of the first day of each calendar month (the “Shortfall Fee”). The Shortfall Fee shall accrue from January 1, 2008, shall be due and payable in arrears on the first day of each month commencing on February 1, 2008, and shall be calculated on a 30/360 basis. The “Shortfall Fee Percentage” shall be five percent (5%) per annum for the six month period commencing January 1, 2008, eight percent (8%) per annum for the six-month period commencing July 1, 2008, and eleven percent (11%) per annum for the period commencing January 1, 2009.
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Shortfall Fee. At the end of each true-up period indicated on the cover of this Agreement (the “True-Up Period”), Republic shall determine the total volume of Acceptable Waste delivered by Hauler to the Landfill during such True-Up Period. If the total volume of Acceptable Waste delivered during such True-Up Period is less than the volume required to be delivered during such True-Up Period based on the Minimum Volume, Hauler shall pay Republic a fee (the “Shortfall Fee”) equal to the Disposal Fee multiplied by the volume by which Hauler was deficient during the True-Up Period. Republic shall invoice Hauler for, and Hauler shall pay Republic, any Shortfall Fee in accordance with Section 4(b).
Sample 1
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Shortfall Fee. If at the end of any CONTRACT YEAR, there are any SHORTFALL BATCHES, MERCK shall pay to REGENERON an amount ("the SHORTFALL FEE") equal To the number of SHORTFALL BATCHES in the CONTRACT YEAR multiplied by the sum of the STANDARD LABOR COST plus the BATCH FEE for that CONTRACT YEAR plus any costs, the amount of which the parties will agree to in writing on a case-by-case basis, for electricity, waste hauling, supplies and water for injection which are directly related to the fact that there are SHORTFALL BATCHES." 6. REGENERON has submitted invoices to MERCK dated December 29, 1998 ([***]) with a balance in the amount of $[***] and dated August 31, 1999 ([***]) in the amount of $[***] for activities in connection with [***] resolution. MERCK hereby agrees to pay those invoices on a non-precedent basis, making no admission that payment for activities covered by those invoices is required under the MANUFACTURING AGREEMENT. Payment of those invoices shall be made within five (5) business days of the execution date of this Amendment No.
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Shortfall Fee. Licensee acknowledges that it intends to open and operate Territory Outlets during the term hereof at a rate no less than the schedule shown on Exhibit E. To the extent the Licensee fails for any reason to open and operate the minimum number of Territory Outlets as shown on the aforesaid Exhibit E in any "Shortfall Year" (as defined in this Section 5.8), Licensee shall pay Licensor a "Shortfall Fee" US$116,960 for each Territory Outlet not opened or operated. (A "Shortfall Year" shall mean each twelve (12) month period from April 1, 2001, and from each anniversary of such date.) The number of Territory Outlets shall be measured as of the end of each Shortfall Year for which such number of Territory Outlets is required and such Shortfall Fee, if any, shall be due and payable within thirty (30) days after the end of each Shortfall Year for which such number of Territory Outlets is not achieved. No Shortfall Fee shall be payable if the total number of Territory Outlets open at the end of the Shortfall Year in question is at or above the minimum set forth on Exhibit E.
Sample 1

Related to Shortfall Fee

  • 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.

  • Distribution Fee The distribution fee payable to the Dealer Manager as additional compensation for serving as the dealer manager for the Offering and reallowable to Soliciting Dealers with respect to Shares sold by them, as described in the Corporation’s Prospectus.

  • Servicing Fee On each Payment Date, the Indenture Trustee on behalf of the Issuer shall pay to the Servicer the Servicing Fee in accordance with Section 4.4 for the immediately preceding Collection Period as compensation for its services. In addition, the Servicer will be entitled to retain all Supplemental Servicing Fees. The Servicer also will be entitled to receive investment earnings (net of investment losses and expenses) on funds on deposit in the Collection Account and the Reserve Account during each Collection Period.

  • 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 “Class A Shortfall”. Interest shall accrue on the Class A Shortfall at the Class A Note Rate.

  • Monthly Fee The fee for the parking spaces shall be $ per month for parking space(s). each all

  • Maintenance Fee The Maintenance Fee (SEE SCHEDULE - ACCUMULATION PERIOD) will be deducted during the Accumulation Period from the Account Value on each anniversary of the Account Effective Date and upon withdrawal of the entire Account.

  • Distribution Assistance Fees (Asset-Based Sales Charge) Payments In its sole discretion and irrespective of whichever alternative method of making service fee payments to Recipients is selected by the Distributor, in addition the Distributor may make distribution assistance fee payments to a Recipient quarterly, or at such other interval as deemed appropriate by the Distributor, within forty-five (45) days after the end of each calendar quarter or other period, at a rate not to exceed 0.1875% (0.75% on an annual basis) of the average during the period of the aggregate net asset value of Shares computed as of the close of each business day constituting Qualified Holdings owned beneficially or of record by the Recipient or its Customers until such Shares are redeemed or converted to another class of shares of the Fund, provided, however, that a majority of the Independent Trustees may, but are not obligated to, set a time period (the "Recipient Maximum Holding Period") for making such payments. Distribution assistance fee payments shall be made only to Recipients that are registered with the SEC as a broker-dealer or are exempt from registration. The distribution assistance to be rendered by the Recipients in connection with the sale of Shares may include, but shall not be limited to, the following: distributing sales literature and prospectuses other than those furnished to current Shareholders, providing compensation to and paying expenses of personnel of the Recipient who support the distribution of Shares by the Recipient, and providing such other information and services in connection with the distribution of Shares as the Distributor or the Fund may reasonably request.

  • CP Costs Seller shall pay CP Costs with respect to the Capital associated with each Purchaser Interest of Conduit for each day that any Capital in respect of such Purchaser Interest is outstanding. Each Purchaser Interest funded substantially with Pooled Commercial Paper will accrue CP Costs each day on a pro rata basis, based upon the percentage share the Capital in respect of such Purchaser Interest represents in relation to all assets held by Conduit and funded substantially with related Pooled Commercial Paper.

  • Payment Amount Payment for the Services shall be as follows: (choose one) ☐ - $______________________ for the Services (“Payment”). ☐ - At an hourly rate of $____ per hour (“Payment”). ☐ - Other. ______________________________________________ (“Payment”) If the Subcontractor asserts a claim which involves, in whole or in part, acts or omissions which are the responsibility of the Client or another person for whom a claim may be submitted, including but not limited to, claims for failure to pay, an extension of time, impacts, delay damages, or extra work, the Contractor shall present the Subcontractor's claim to the Client or other responsible party provided the Subcontractor presents to Contractor competent supporting evidence and in sufficient time for the Contractor to do so. The Subcontractor shall cooperate fully with the Contractor in any and all steps the Contractor takes in connection with prosecuting such a claim and shall hold harmless and reimburse the Contractor for all expenses, including legal expenses, incurred by the Contractor which arise out of the Contractor's submission of the Subcontractor's claims to the Client or other responsible party(ies). The Subcontractor shall be bound by any adjudication or award in any action or proceeding resolving such a claim.

  • Distribution Assistance Fees (Asset-Based Sales Charge) Within ten (10) days of the end of each month or at such other period as deemed appropriate by the Distributor, the Fund will make payments in the aggregate amount of up to 0.75% on an annual basis of the average during the month of the aggregate net asset value of Shares computed as of the close of each business day (the “Asset-Based Sales Charge”) outstanding until such Shares are redeemed or converted to another class of shares of the Fund, provided, however, that a majority of the Independent Trustees may, but are not obligated to, set a time period (the “Fund Maximum Holding Period”) from time to time for such payments. Such Asset-Based Sales Charge payments received from the Fund will compensate the Distributor for providing distribution assistance in connection with the sale of Shares. The distribution assistance to be rendered by the Distributor in connection with the Shares may include, but shall not be limited to, the following: (i) paying sales commissions to any broker, dealer, bank or other person or entity that sells Shares, and/or paying such persons “Advance Service Fee Payments” (as defined below) in advance of, and/or in amounts greater than, the amount provided for in Section 3(b) of this Agreement; (ii) paying compensation to and expenses of personnel of the Distributor who support distribution of Shares by Recipients; (iii) obtaining financing or providing such financing from its own resources, or from an affiliate, for the interest and other borrowing costs of the Distributor's unreimbursed expenses incurred in rendering distribution assistance and administrative support services to the Fund; and (iv) paying other direct distribution costs, including without limitation the costs of sales literature, advertising and prospectuses (other than those prospectuses furnished to current holders of the Fund's shares ("Shareholders")) and state "blue sky" registration expenses.

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