Wafer Start Capacity Sample Clauses

Wafer Start Capacity. (i) In the event (a) MICRON fails to satisfy Section 1.2 hereof (i.e., Capacity with respect to the amounts set forth in Schedule 1.2 hereto by the date set forth therein) and (b) INTEL provides written notice of such default to MICRON, then within thirty (30) days of MICRON’s receipt of such default [*] Certain information on this page has been omitted and filed separately with the Commission. Confidential treatement has been requested with respect to the omitted portions. notification, MICRON shall pay INTEL an amount equal to the applicable Base Amount set forth in column 3 of Schedule A hereto; and (ii) to the extent applicable, in the event (A) MICRON fails to achieve the Capacity referenced in column 4 of Schedule A hereto by the date set forth therein (i.e., Capacity with respect to the number of WSPW set forth in column 4 of Schedule A by the date set forth therein) and (b) INTEL provides written notice of such default to MICRON, then within three (3) business days of the close of the 40th trading day following such breach, including the date on which such breach occurred, MICRON shall pay INTEL an amount equal to the applicable Additional Amount determined as set forth on Schedule A hereto.
Sample 1
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Related to Wafer Start Capacity

  • Contract Capacity The electric power producing capability of the Generating Facility which is committed to Edison.

  • Power and Capacity The Shareholder has the power, authority and capacity to enter into this Agreement and to consummate the transactions contemplated hereby. This Agreement constitutes the Shareholder’s valid, legal and binding obligation and is enforceable against the Shareholder in accordance with its terms, subject, however, as to enforcement, to bankruptcy, insolvency, fraudulent transfer, moratorium and similar laws of general applicability relating to or affecting creditors’ rights;

  • FREQUENCY AND CAPACITY LEVELS No restriction on frequency, capacity or aircraft type.

  • Maximum Capacity The Sick Leave Bank shall accumulate unused Bank days from year to year to a maximum capacity which shall not exceed double the number of eligible employees as defined in the above Section C, Eligibility for Membership.

  • Shareholder Capacity No Person executing this Agreement who, during the term hereof, is or becomes a director or officer of the Company makes any agreement or understanding herein in his or her capacity as a director or officer of the Company. Each Principal Shareholder signs solely in his, her or its capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, Principal Shareholder Shares.

  • INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party.

  • Independent Capacity of Contractor The Contractor and Contractor Parties shall act in an independent capacity and not as officers or employees of the state of Connecticut or of the Agency.

  • Action in Shareholder Capacity Only The parties acknowledge that this Agreement is entered into by Shareholder solely in such Shareholder’s capacity as the Beneficial Owner of such Shareholder’s Owned Securities and nothing in this Agreement restricts or limits any action taken by such Shareholder in its capacity as a director or officer of the Company or any of its Affiliates and the taking of any actions (or failure to act) in its capacity as an officer or director of the Company, or any of its Affiliates, will not be deemed to constitute a breach of this Agreement, regardless of the circumstances thereto.

  • Legal Capacity All parties to the Mortgage Note and the Mortgage had legal capacity to enter into the Mortgage Loan and to execute and deliver the Mortgage Note and the Mortgage, and the Mortgage Note and the Mortgage have been duly and properly executed by such parties. The Mortgagor is a natural person;

  • Stockholder Capacity No Person executing this Agreement who is or becomes during the term hereof a director or officer of the Company shall be deemed to make any agreement or understanding herein in his or her capacity as such director or officer. Stockholder signs solely in his, her or its capacity as the beneficial owner of the Subject Shares and nothing herein shall limit or prohibit Stockholder or any of its Representatives, in his or her capacity as an officer or director of the Company, from taking any action or failing to take any action in such capacity.

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