Threshold Trigger Sample Clauses

A Threshold Trigger clause establishes a specific limit or condition that must be met before certain contractual rights or obligations are activated. In practice, this might mean that a party is only required to take action, such as making a payment or providing notice, once losses, damages, or another measurable factor exceed a predetermined amount. By setting a clear threshold, the clause helps prevent minor or insignificant events from triggering contractual duties, thereby focusing attention and resources on more substantial issues and reducing administrative burdens.
Threshold Trigger. The Partners agree that, subject to the terms of this Agreement, the aggregate anticipated capital commitment from the Partners for the acquisition of Properties for this Partnership is $150 Million (the “First Fund Amount”). The aggregate amount of anticipated capital commitment from the parties that enter into (i) the Second Joint Venture shall be as set forth in the general partnership agreement that shall govern the Second Joint Venture (the “Second Fund Amount”) and (ii) the Third Joint Venture shall be as set forth in the general partnership agreement that shall govern the Third Joint Venture (the “Third Fund Amount”). The term “Applicable Fund Amount” as used in this Agreement shall mean the First Fund Amount, the Second Fund Amount or the Third Fund Amount, as may be applicable. Notwithstanding anything to the contrary contained in Section 15.3, the Initial Exclusivity Period shall be extended until December 31, 2007 (the “Second Exclusivity Period”) if either (i) the Partnership Expends the First Fund Amount on the acquisition of Properties on or before December 31, 2006, or (ii) DCT LLC has offered to the Partnership, on or before December 31, 2006, in accordance with the provisions and timing requirements set forth in Article 9 hereof, Acquisition Properties which satisfy the Investment Criteria and are not rejected at any time during the review process described in Article 9 because it no longer complies with the Investment Criteria and have an aggregate value equal to or greater than 125% of the First Fund Amount; provided, however, that with respect to First Fund Amount only, the Partners have agreed to subtract the value of the Seed Assets ($79,500,000) prior to making the calculation under (ii), so that the amount remaining to be offered on the acquisition of Properties on or before December 31, 2006 for purposes of clause (ii) above, as of the date of this Agreement, is $88,125,000 (($150,000,000 - $79,500,000) x 125%). In addition, the Second Exclusivity Period shall be extended until December 31, 2008 (the “Third Exclusivity Period”) if either (i) the Second Joint Venture Expends the Second Fund Amount on the acquisition of Properties on or before December 31, 2007, or (ii) DCT LLC has offered to the Second Joint Venture, on or before December 31, 2007, in accordance with the provisions and timing requirements set forth in Artcle 9 hereof, Acquisition Properties which satisfy the Investment Criteria and are not rejected at any time durin...
Threshold Trigger. The Partners agree that, subject to the terms of this Agreement, the aggregate anticipated capital commitment from the Partners for the acquisition of Properties for this Partnership is $ Million (the "Second Fund Amount"). The aggregate amount of anticipated capital commitment from the parties that enter into the Third Joint Venture shall be as set forth in the general partnership agreement that shall govern the Third Joint Venture (the "Third Fund Amount"). The term "Applicable Fund Amount" as used in this Agreement shall mean the Second Fund Amount or the Third Fund Amount, as may be applicable. Notwithstanding anything to the contrary contained in Section 15.3, the Initial Exclusivity Period shall be extended until December 31, 2008 (the "Third Exclusivity Period") if either (i) the Partnership Expends the Second Fund Amount on the acquisition of Properties on or before December 31, 2007, or (ii) DCT LLC has offered to the Second Joint Venture, on or before December 31, 2007, in accordance with the provisions and timing requirements set forth in Article 9 hereof, Acquisition Properties which satisfy the Investment Criteria and are not rejected at any time during the review process described in Article 9 because it no longer complies with the Investment Criteria and have an aggregate value equal to or greater than 125% of the Second Fund Amount. For purposes of this Section 15.4, the term "Expends" shall mean capital placed as well as capital committed to be placed it being agreed that Proposed Assets that the Partnership is obligated to acquire but for which the closing has yet to occur are to be included in making the calculations under this Section 15.4.

Related to Threshold Trigger

  • Threshold Neither the Seller nor the Purchaser shall be required to make any indemnification payment pursuant to Section 8.1 or 8.2, respectively, until such time as the total amount of all Damages that have been directly or indirectly suffered or incurred by an Indemnified Party, or to which an Indemnified Party has or otherwise becomes subject to, exceeds $50,000 in the aggregate. At such time as the total amount of such Damages exceeds $50,000 in the aggregate, the Indemnified Party shall be entitled to be indemnified against the full amount of such Damages (and not merely the portion of such Damages exceeding $50,000).

  • Emergency Thresholds The following matrix presents the emergency thresholds that, if reached by any of the services mentioned above for a TLD, would cause the emergency transition of the Registry for the TLD as specified in Section 2.13 of this Agreement. DNS Service (all servers) 4-hour total downtime / week DNSSEC proper resolution 4-hour total downtime / week EPP 24-hour total downtime / week RDDS (WHOIS/Web-based WHOIS) 24-hour total downtime / week Data Escrow Breach of the Registry Agreement as described in Specification 2, Part B, Section 6.

  • Trigger Events The Employee shall be entitled to collect the severance benefits set forth in Subsection (b) hereof in the event that either (i) the Employee voluntarily terminates employment for any reason within the 30-day period beginning on the date of a Change in Control, (ii) the Employee voluntarily terminates employment within 90 days of an event that both occurs during the Protected Period and constitutes Good Reason, or (iii) the Bank or the Company or their successor(s) in interest terminate the Employee's employment without his written consent and for any reason other than Just Cause during the Protected Period.

  • Trigger Event The term “Trigger Event” means any of the following: (a) a material default by Company under the Stockholders Agreement, other than a material breach of a representation or warranty, that is not cured during any specified cure periods; (b) if Company or its Affiliate or sublicensee (i) becomes insolvent, bankrupt or generally fails to pay its debts as such debts become due, (ii) is adjudicated insolvent or bankrupt, (iii) admits in writing its inability to pay its debts, (iv) suffers the appointment of a custodian, receiver or trustee for it or its property and, if appointed without its consent, not discharged within [**] days, (v) makes an assignment for the benefit of creditors, or (vi) suffers proceedings being instituted against it under any law related to bankruptcy, insolvency, liquidation or the reorganization, readjustment or release of debtors and, if contested by it, not dismissed or stayed within [**] days; (c) the institution or commencement by Company or its Affiliate or sublicensee of any proceeding under any law related to bankruptcy, insolvency, liquidation or the reorganization, readjustment or release of debtors; (d) the entering of any order for relief relating to any of the proceedings described in Section 6.4 (b) or (c) above; (e) the calling by Company or its Affiliate or sublicensee of a meeting of its creditors with a view to arranging a composition or adjustment of its debts; (f) the act or failure to act by Company or its Affiliate or sublicensee indicating its consent to, approval of or acquiescence in any of the proceedings described in Section 6.4(b) – (e) above; (g) failure by Company to pay patent counsel pursuant to the terms of a Client and Billing Agreement or Patent Management Agreement, if any, after an opportunity of at least [**] days to cure such failure after written notice thereof, or (h) the commencement by Company of any action against Penn, including an action for declaratory judgment, to declare or render invalid or unenforceable the Patent Rights, or any claim thereof; provided that the foregoing clauses (a) , (b), (c), (d), (e), and (f) shall not apply with respect to Company or its Affiliates if Company has sublicensed all or substantially all of its rights hereunder to one or more Large Pharmaceutical Company(-ies) and such Large Pharmaceutical Company(-ies) remain in material compliance with the terms and conditions of its or their sublicense(s) relating to this Agreement and the foregoing clauses (a) , (b), (c), (d), (e), and (f) shall not apply with respect to a sublicensee or acquirer of Company that is a Large Pharmaceutical Company that seeks protection under applicable bankruptcy laws for the purpose of reorganizing and continuing to operate if such sublicensee or acquirer of Company remains in material compliance with the terms and conditions of its sublicense relating to this Agreement.

  • Thresholds The threshold of a sample to constitute a positive result alcohol, drugs, or their metabolites is contained in the standards of one of the programs listed in MN Statute §181.953, subd 1. The employer shall, not less than annually, provide the unions with a list or access to a list of substances tested for under this LOA and the threshold limits for each substance. In addition, the employer shall notify the unions of any changes to the substances being tested for and of any changes to the thresholds at least thirty (30) days prior to implementation.