Shortfall Volume Clause Samples

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Shortfall Volume. In the event either (x) Chaparral fails to take the Monthly Minimum Volume from Coffeyville and a Shortfall Volume is created, or (y) Chaparral causes there to be Start Up Not Taken Volumes and a Shortfall Volume is created, then:
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Shortfall Volume. For the Term herein, any month in which Product delivered by ▇▇▇▇▇▇ and accepted by Enterprise is less than ** of the Dedication Volume for such month, except for events of Force Majeure, the then in effect Fixed Fee will be assessed on the Shortfall Volume. The “Shortfall Volume” shall be the difference between ** of the Dedication Volume and the actual volume of Product accepted and fractionated by Enterprise.
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Shortfall Volume. In the event either (x) Chaparral fails to take the Monthly Minimum Volume from Coffeyville and a Shortfall Volume is created, or (y) Chaparral causes there to be Start Up Not Taken Volumes and a Shortfall Volume is created, then: (i) first, such Shortfall Volume shall be netted concurrently against any Supply Deficiency Volume and any Overage Volume that are already in the CO2 Bank, and (ii) second, if after applying (i) above there exists a positive balance in the CO2 Bank, then Chaparral shall pay Coffeyville for any remaining Shortfall Volume at the Contract Price in accordance with Article VIII of this Agreement and, as a result, such paid-for Shortfall Volume shall be added to the CO2 Bank, and (iii) thereafter, to the extent Chaparral takes volumes in excess of the Monthly Minimum Volume, Chaparral shall take such volumes free of charge to the extent of the remaining Shortfall Volume, and the Shortfall Volume in the CO2 Bank shall be reduced by the corresponding amount.
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Related to Shortfall Volume

  • 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.

  • 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.

  • 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.

  • 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 Company 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 Company and funded substantially with Pooled Commercial Paper.