Shortfall Payment Sample Clauses

Shortfall Payment. If for any period, Xxxx’x fails to meet its obligation to purchase the entirety of the Territory Requirements from The Lion, for any reason other than (i) The Lion’s inability or refusal to supply Products conforming to this Agreement (including on account of Force Majeure, as referred to in Section XIII(c)), or (ii) Xxxx’x exercise of its right to have Products brewed, produced, bottled and packaged at another production facility other than The Lion as set forth in Section I(d)(3) then, without prejudice to The Lion’s other rights, Xxxx’x shall pay The Lion an amount equal to the applicable Co-packing Fee for the Products that Xxxx’x was obligated to (but did not) purchase from The Lion during the applicable period (the “Shortfall Payment”).

Shortfall Payment. If, for a given Performance Year, beginning in the First Event Test Year, Lessee fails to meet the Minimum Event Levels, then Lessee, as Lessor’s sole and exclusive remedy for such failure, shall pay to Lessor within thirty (30) days of the end of such Performance Year an amount equal to the product of (x) [*****] times (y) the sum of all Target Shortfalls during such Performance Year (the “Shortfall Payment”).

Shortfall Payment. If at any time prior to the date the Division sends Respondent the first bill under Paragraph 112.c (Periodic Bill), the balance in the Anaconda Copper Mine Site Special Account falls below one-half of the pre-payment amount required under sub-Paragraph 112.a, the Division will so notify Respondent. Respondent shall, within 30 days after receipt of such notice, pay one-half of the pre-payment amount required under sub-Paragraph 112.a to the Division in accordance with the instructions provided in Paragraph 116. The amounts paid shall be deposited by the Division in the Anaconda Copper Mine Site Special Account and retained and used by the Division to conduct or finance future response actions at or in connection with the Site and not for any other purpose.

Shortfall Payment. In the event that the Actual Microsoft Revenue accrued to Microsoft in a given Year (as such term is defined in Section 3.9) is less than the Minimum Guaranteed Revenue above, FairMarket agrees to remit to Microsoft the difference no later than 45 days following the end of each Year. Minimum guarantees are viewed on an annual basis and not on a cumulative basis; for example, any shortfall that FairMarket paid to Microsoft for a given Year would not be paid back by Microsoft in future Years, even if FairMarket exceeded the Minimum Guaranteed Revenue in future Years. The Minimum Guaranteed Revenue shall apply only in the event that Microsoft meets or exceeds the Minimum Annual Visit guarantees as described in Section 3.9, but in any event, FairMarket shall pay no less than the allocable portion of Actual Microsoft Revenue for any given Year.

Shortfall Payment. If Purchaser orders fewer Product Units than [*] of the applicable Minimum Volume Commitment during any calendar year of this Agreement, Romeo may invoice Purchaser in an amount equal [*]. Purchaser will pay any invoice submitted pursuant to this Section 4(c) within thirty (30) days of the date thereof. For avoidance of doubt, a Product Unit will be deemed to be ordered by Purchaser for purposes of this Section 4(c) if (i) it is accepted by Romeo pursuant to Sections 2 (Purchase Orders) and 3 (Review and Acceptance) above; (ii) it was ordered by Purchaser but rejected by Romeo without an opportunity for Purchaser to rectify the PO; or (iii) it conforms in all respects to the lead time, pricing, specification, warranty and other terms of this Agreement. Any Shortfall Payment is contingent upon Satisfactory Completion of the Test Campaign and Romeo supplying Product Units materially in compliance with the Lead Time, Specifications and meeting the Quality Standard in the prior calendar year. For avoidance of doubt, Purchaser will not be liable for any Shortfall Payment until (1) Satisfactory Completion of the Test Campaign and (2) Romeo’s compliance with this Subsection 4(c).

Shortfall Payment. On or before the date on which the Plan is filed with the Bankruptcy Court, InfiniCom shall deposit the sum of $225,000 (the "Shortfall Principal Deposit") into an escrow account (the "Escrow Account") with an escrow company (which may be a bank or trust company) mutually acceptable to InfiniCom and Scoop (the "Escrow Holder"). The Escrow Holder shall be instructed to invest all amounts from time to time on deposit in the Escrow Account in such securities as InfiniCom and Scoop shall mutually agree. All investment earnings from such investments ("Investment Earnings") shall be credited to the Escrow Account. On or before the fifth (5th) day of each month after the date on which the Plan is filed with the Bankruptcy Court, InfiniCom shall deposit with the Escrow Holder for deposit into the Escrow Account an amount (the "Shortfall Interest Amount"; the Shortfall Principal Deposit together with all Shortfall Interest Amounts and, to the extent not included in a Shortfall Interest Amount, all Investment Earnings, collectively, the "Shortfall Deposit") equal to the difference between (a) the product of (i) $22,500 and (ii) a fraction, the numerator of which is the number of days in the calendar month preceding the payment date or, in the case of the first such payment, from and including April 1, 1999 through but excluding the payment date (each such period, an "Applicable Interest Period"), and the denominator of which shall be three hundred sixty five (365) and (b) the Investment Earnings, if any, for the Applicable Interest Period. Subject to the terms and conditions set forth in this Agreement, to the extent that the Estate of Scoop on the Effective Date has insufficient funds available to pay in full the allowed amount of all Eligible Claims (the amount of such insufficiency shall be referred to as the "Shortfall Amount"), InfiniCom and Scoop shall cause the Escrow Holder to pay to the Disbursing Agent from the Shortfall Deposit in the Escrow Account on the Closing Date for distribution to the holders of Eligible Claims in accordance with the Plan an amount (collectively, the "Shortfall Payment") equal to (x) the lesser of the Shortfall Amount or the Shortfall Principal Deposit (such lesser amount, the "Shortfall Principal Amount") plus (y) simple interest on the Shortfall Principal Amount at the rate of 10% per annum (based on a year of 365 days and actual days elapsed) from and including April 1, 1999 to but excluding the earlier of August 31, 1999 or th...

Shortfall Payment. XXXX agrees that if, as of November 11, 1999, the Remaining 1996 Options do not have a Net Value (as defined below) of at least $719,197 (representing the difference between $1,550,000 and the profit that XxXxxxx has realized as of the date of this Agreement on prior sale of option shares), DAOU will pay to XxXxxxx an amount equal to the difference between the Net Value of the Remaining 1996 Options and $719,197 (the "SHORTFALL PAYMENT "). "NET VALUE" is defined as (i) the aggregate value of the shares of Common Stock underlying the Remaining 1996 Options (based on the average closing price of DAOU Common Stock for the seven (7) trading days preceding the date on which Net Value is determined) less (ii) the aggregate exercise price of the Remaining 1996 Options. DAOU will have no other payment obligations with respect to Section 4(d)(4) of the Employment Agreement or otherwise with respect to the Remaining 1996 Options. XxXxxxx agrees not to exercise any of his Vested 1996 Options or November 11, 1999 Options before November 12, 1999.

Shortfall Payment. The minimum incremental value (equalized) for the tax year , based on an assessment date of January 1, , shall be $ ; for each year thereafter, the minimum incremental value (equalized) for each subsequent year, based on an assessment date of January l of such year, shall be $ . If the development does not achieve a minimum incremental value of $ , the Citywill charge a Shortfall Payment. For each year that the City determines that a Shortfall Payment is due and owing, the City shall notify Developer of the amount of the Shortfall Payment due and owing for that tax year, and such payment shall be due and payable to the City by not later than January 31 of the next ensuing year (i.e. if a Shortfall Payment is due and owing for tax year 2026 based on the actual assessed value of the Property as of the January 1, 2025 assessment date, such payment shall be due and owing and shall be payable by not later than January 31, 2026 for the 2025 tax year).

Shortfall Payment. (a) For purposes of this Section 9.2, the Managing Member and the Investor Member agree that the Huntcliff IL Facility and the Huntcliff AL Facility shall be marketed and sold as one property and shall be deemed to constitute one property. The term "HUNTCLIFF FACILITIES" shall mean the Huntcliff IL Facility and the Huntcliff AL Facility, taken together.

Shortfall Payment. If a Buyer's Shortfall occurs, Buyer ------------------- shall pay to Seller as liquidated damages an amount calculated as the difference between the resale price of the LPG Mix and the price payable by Buyer under the terms of this Agreement (the "Buyer's Shortfall Price"), multiplied by the Buyer's Shortfall Volume, provided, however, that it is expressly understood and agreed between the Parties that the Buyer's Shortfall Price shall not exceed $XXXX USD per gallon for any Buyer's Shortfall.