Failure Percentage definition

Failure Percentage means, as of any date of determination, a percentage equal to 100% minus the lower of (x) the lowest Non-Program Vehicle Disposition Proceeds Percentage Average for any Determination Date (including such date of determination) within the preceding twelve (12) calendar months (or such fewer number of months as have elapsed since the Closing Date) and (y) the lowest Market Value Average as of any Determination Date within the preceding twelve (12) calendar months (or such fewer number of months as have elapsed since the Closing Date).
Failure Percentage has the meaning defined in Section 2.2.8 of this Schedule 7.1.
Failure Percentage means, as of a Measurement Date, the percentage resulting from (i) [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] that as of such Measurement Date, Vendor has failed to [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] pursuant to Section 1.1(a) of this Schedule within the [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] applicable to each such [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] divided by the (ii) the sum of (A) [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] pursuant to Section 1.1(a) of this Schedule as of such [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] plus (B) [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] to be [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] of this [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] and for which the applicable [*Material Omitted CONFIDENTIAL TREATMENT REQUESTED and Separately Filed Under an Application for Confidential Treatment].

Examples of Failure Percentage in a sentence

  • In the case of a bona fide dispute as to the determination of the Daily Production Average, PUD, PDP, PDNP, Probable or PRV Ratio or the arithmetic calculation of any Daily Production Test Failure Percentage or Financial Covenant Test Failure Amount, the Company shall pay any amount that is not disputed and shall transmit an explanation of the disputed determinations or arithmetic calculations to the Holder via facsimile within two (2) Business Days of the occurrence of the dispute.

  • If no Product Warranty Failure Percentage is set forth in a Product Schedule or no Product Schedule applies, the default Product Warranty Failure Percentage shall be [***] percent ([***]%).

  • Effective Date: Product Name: Product Lead Time: Vendor Manufacturing Facility: P.D.D. Information: Contact Information: Escalation Path: Product Warranty Failure Percentage: Out of Warranty Repair costs: [insert Spreadsheet #1 – Finished Goods Information] [insert Spreadsheet #2 – Component Information] Escalation of Issues: Vendor will respond to all issue raised by Blue Coat or that Vendor becomes aware (“Issues”) of in accordance with the Issue Resolution Table set forth below.

  • If the number of Bad Qualifying Subscribers as of the Measurement Date is greater than 8,000 (the amount of such excess being referred to as the “ Installation Excess”), then, in accordance with this Section 2, Galaxy Mexico shall pay to Novavisión an amount in cash equal to the product of (x) the Installation Excess, multiplied by (y) the sum of (A) US$50 and (B) an amount equal to the Box Failure Percentage multiplied by US$100 (such product, the “Installation Excess Payment”).

  • In the event of an Acquisition Failure Redemption, a percentage of the number of Warrants initially issued to Purchaser hereunder equal to the Acquisition Failure Percentage (as defined below) shall automatically terminate and shall be returned to the Company by the Purchaser within five (5) business days of the Purchaser’s receipt of the Acquisition Failure Redemption Price (as defined in the Certificate of Designation).

  • In the event that during any ninety (90) day period of the Warranty Period, the percentage of Products that fail to meet the above warranty is equal to or in excess of the Product Warranty Failure Percentage set forth in the Product Schedule, JDSU may immediately terminate this Agreement with respect to the relevant Product (in which case same shall constitute *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission.

  • If no Product Warranty Failure Percentage is provided in a Product Schedule or no Product Schedule applies, the default Product Warranty Failure Percentage is [****]%.

  • In the event that during any ninety (90) day period of the Term, the percentage of Products that fail to meet the above warranty is equal to or in excess of the Product Warranty Failure Percentage set forth in the Product Schedule, JDSU may immediately terminate this Agreement with respect to the relevant Product (in which case same shall constitute termination pursuant to Section 22.2 for a material breach not cured in accordance therewith) .

  • In the event of an Acquisition Failure Redemption (as defined in the Certificate of Designation) by the Holder, a percentage of the number of Warrants initially issued to the Holder under the Purchase Agreement equal to the Acquisition Failure Percentage (as defined below) shall automatically terminate and shall be returned to the Issuer by the Holder within five (5) business days of the Holder’s receipt of the Acquisition Failure Redemption Price (as defined in the Certificate of Designation).


More Definitions of Failure Percentage

Failure Percentage means, as of a Measurement Date, the percentage resulting from [*Material Omitted and Separately Filed Under an Application for Confidential Treatment]
Failure Percentage means, as of a Measurement Date, the percentage resulting from (i) [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] that as of such Measurement Date, Vendor has failed to [*Material Omitted and Separately Filed Under an Application for Confidential Treatment], divided by the (ii) the sum of (A) [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] plus (B) [*Material Omitted and Separately Filed Under an Application for Confidential Treatment].
Failure Percentage means, as of a Measurement Date, the percentage resulting from (i) [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] that as of such Measurement Date, Vendor has failed to [*Material Omitted and Separately Filed Under an Application for Confidential Treatment], divided by the (ii) the sum of (A) [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] plus (B) [*Material Omitted and Separately Filed Under an Application for Confidential Treatment].

Related to Failure Percentage

  • Applicable Percentage means, with respect to any Lender, the percentage of the total Commitments represented by such Lender’s Commitment. If the Commitments have terminated or expired, the Applicable Percentages shall be determined based upon the Commitments most recently in effect, giving effect to any assignments.

  • Pro Rata Percentage of any Revolving Credit Lender at any time shall mean the percentage of the Total Revolving Credit Commitment represented by such Lender’s Revolving Credit Commitment. In the event the Revolving Credit Commitments shall have expired or been terminated, the Pro Rata Percentages shall be determined on the basis of the Revolving Credit Commitments most recently in effect, giving effect to any subsequent assignments.