Missed Deliveries definition

Missed Deliveries shall have the meaning set forth in Section 2.2(f).
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Missed Deliveries shall have the meaning set forth in Section 2.6(a). (q) “Mono Wafers” shall mean monocrystalline silicon wafers for use in solar cells. (r) “Multi Wafers” shall mean multi-crystalline silicon wafers for use in solar cells. (s) “Person” shall mean any natural person, corporation, proprietorship, firm, partnership, limited partnership, limited liability company or partnership, trust, joint venture, union, association, Governmental Authority or other entity. (t) “Purchase Shortfall” shall have the meaning set forth in Section 2.2(a). (u) Restricted MEMC Business” shall mean the design, development, manufacture, marketing or sale of photovoltaic cells and photovoltaic modules. (v) “Restricted Suntech Business” shall mean shall mean (a) the design, development, manufacture, marketing or sale of Multi Wafers or Mono Wafers for use in solar cells or (b) the production of solar grade polysilicon or solar ingots. (w) “Restrictive MEMC Covenants shall have the meaning set forth in Section 2.15(b). (x) “Restrictive Suntech Covenants shall have the meaning set forth in Section 2.14(b). (y) “Retained Loan/Security Deposit Amount” shall have the meaning set forth in Section 3.1. (z) “Subsidiaries” shall mean any Person subject to control by either Party, or any of their respective affiliates. The term “control” as used in the preceding sentence means, with respect to a corporation, the right to exercise, directly or indirectly, fifty percent (50%) or more of the voting rights attributable to the shares of such corporation, or with respect to any Person other than a corporation, the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of such Person. (aa) “Tax” or “Taxes” means all (i) federal, state, local, foreign and other taxes, assessments, duties or similar charges of any kind whatsoever, including all corporate franchise, income, sales, use, ad valorem, receipts, value added, profits, license, withholding, payroll, employment, excise, property, net worth, capital gains, transfer, stamp, documentary, social security, payroll, environmental, alternative minimum, occupation, recapture and other taxes, and including any interest, penalties and additions
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Examples of Missed Deliveries in a sentence

  • The three metrics are weighted as follows: EPS 70%; EBITDA Margin 20%; Missed Deliveries 10%.The Executive Directors’ awards vest to the extent that EPS and EBITDA Margin performance targets are met over the four year performance period, and Missed Deliveries performance targets are met over the three year performance period.

  • EPS growth is measured by comparing the actual EPS in Year 0 (2013) to the actual EPS in year 4 (2017);• EBITDA Margin is measured pre-exceptional items and as the unweighted average EBITDA margin for the period 2014 to 2017 inclusive; and• Missed Deliveries are measured as the cumulative number of missed URENCO sales deliveries for the period 2015 to 2017 inclusive.Any unvested awards would lapse for individuals who are dismissed or resign.

  • Performance is measured on three metrics: increase in EPS, EBITDA Margin and Missed Deliveries.

  • B7.4.4 Missed Deliveries The following applies to Delivery Options 2 and 3: a) In the event the Contractor requires an escort to complete delivery and the Contractor is unable to contact the Project Authority within 15 minutes, delivery may be rescheduled at the discretion of the Contractor.

  • Resulting Contract Clauses, sub-article B7.3 Term of Contract, sub-article B7.3 Missed Deliveries, point b) is hereby deleted in its entirety and replaced with the following: Insert: b) An additional delivery charge may be applied by the Contractor (ceiling price), which can be found in Annex C- Electronic Financial Template (EFOT), under tab “Missed Delivery Charges”.

  • B7.4.4 Missed Deliveries The following applies to Delivery Options 2 and 3 (as referenced in Annex A, sub-section 3): a) In the event the Contractor requires and escort to complete delivery and the Contractor is unable to contact the Project Authority within 15 minutes, delivery may be rescheduled at the discretion of the Contractor.

  • If MEMC fails to make up the Missed Deliveries prior to the end of the subsequent Contract Year, then: (A) Suntech shall have the right, but not the obligation, which right must be exercised by Suntech, in writing (and if not so exercised, shall be automatically waived for such Contract Year, and only such Contract Year), no later than the last Business Day of the current Contract Year, to reduce the Yearly Minimum Quantity for such subsequent Contract Year as follows.

  • If, in any Contract Year, MEMC fails to deliver twenty five percent (25%) or more of the Yearly Minimum Quantities of Wafers MEMC would be required to deliver pursuant to the provisions of Section 2.2(a) (a “Missed Delivery”), and such Missed Deliveries continue uncured by the end of such Contract Year, then the following provisions shall apply: (i) MEMC shall have the right to try to “make up” Missed Deliveries for any Contract Year through the end of the subsequent Contract Year.

  • Missed Deliveries (#10)This option allows you to enter missed delivery messages (to be printed on the round sheet), credit a Customer for a “Miss”, and also displays the number of times the customer has been “Missed”.Select the customer using one of the methods described earlier.

  • The Offeror must submit a ceiling price for Missed Deliveries for Delivery Option 2 and Delivery Option 3, for each tier and, for each region.

Related to Missed Deliveries

  • Delayed Delivery Fee shall have the meaning specified in paragraph 2H(2).

  • Scheduled Delivery Date means the Date on which the Seller is required to start delivering the power at the Delivery Point as per the terms and conditions of the PPA;

  • Deliveries means both transportation and sales volumes.

  • Notice Delivery Period means the period from and including the Trade Date, to and including a day that is three (3) Business Days following the date that is 14 calendar days after the Scheduled Termination Date. Section 1.23 (Notice Delivery Period) of the Credit Derivatives Definitions shall be amended accordingly.

  • Accelerated Borrowing Base Delivery Event means either (i) the occurrence and continuance of any Default or Event of Default, or (ii) the failure of the Borrowers to maintain Availability at least equal to the greater of (a) thirty percent (30%) of the Loan Cap, or (b) $10,000,000. For purposes of this Agreement, the occurrence of an Accelerated Borrowing Base Delivery Event shall be deemed continuing at the Lender’s option (i) so long as such Default or Event of Default has not been waived, and/or (ii) if the Accelerated Borrowing Base Delivery Event arises as a result of the Borrowers’ failure to achieve Availability as required hereunder, until Availability has exceeded the greater of (x) thirty percent (30%) of the Loan Cap , or (y) $10,000,000, in each case, for sixty (60) consecutive calendar days, in which case an Accelerated Borrowing Base Delivery Event shall no longer be deemed to be continuing for purposes of this Agreement; provided, that in the discretion of the Lender an Accelerated Borrowing Base Delivery Event shall be deemed continuing (even if a Default or an Event of Default is no longer continuing and/or Availability exceeds the required amount for such sixty (60) consecutive calendar days) at all times after an Accelerated Borrowing Base Delivery Event has occurred and has been discontinued on two (2) occasions in any one 12-month period after the Closing Date. The termination of an Accelerated Borrowing Base Delivery Event as provided herein shall in no way limit, waive or delay the occurrence of a subsequent Accelerated Borrowing Base Delivery Event in the event that the conditions set forth in this definition again arise.

  • Deemed Delivered Energy means [For As-Available Products use the following language] the amount of Energy expressed in MWh that the Project would have produced and delivered to the Delivery Point, but that is not produced by the Project and delivered to the Delivery Point during a Buyer Curtailment Period, which amount shall be equal to (a) the EIRP Forecast, expressed in MWh, applicable to the Buyer Curtailment Period, whether or not Seller is participating in EIRP during the Buyer Curtailment Period, less the amount of Delivered Energy delivered to the Delivery Point during the Buyer Curtailment Period or, (b) if there is no EIRP Forecast available, the result of the equation provided pursuant to Section 3.1(l)(i)(G) and using relevant Project availability, weather and other pertinent data for the period of time during the Buyer Curtailment Period less the amount of Delivered Energy delivered to the Delivery Point during the Buyer Curtailment Period; provided that, if the applicable difference calculated pursuant to (a) or (b) above is negative as compared to the amount of metered Energy at the CAISO revenue meter for the Project, the Deemed Delivered Energy shall be zero (0). [For Baseload Products use the following language] the amount of Energy expressed in MWh that the Project would have produced and delivered to the Delivery Point, but that is not produced by the Project and delivered to the Delivery Point during a Buyer Curtailment Period, which amount shall be determined by reference to the most recent Day-Ahead Availability Notice Buyer has received from Seller at the time Buyer issues a Buyer Curtailment Order.

  • Controlled delivery means the technique of allowing illicit or suspect consignments to pass out of, through or into the territory of one or more States, with the knowledge and under the supervision of their competent authorities, with a view to the investigation of an offence and the identification of persons involved in the commission of the offence.

  • Maximum Deliverable Number means the number of Shares set forth as such in Annex B to this Confirmation. Counterparty represents and warrants to Dealer (which representation and warranty shall be deemed to be repeated on each day from the date hereof to the Settlement Date or, if Counterparty has elected to deliver any Payment Shares hereunder in connection with a Special Settlement, to the date on which resale of such Payment Shares is completed (the “Final Resale Date”)) that the Maximum Deliverable Number is equal to or less than the number of authorized but unissued Shares of Counterparty that are not reserved for future issuance in connection with transactions in such Shares (other than the transactions under this Confirmation) on the date of the determination of the Maximum Deliverable Number (such Shares, the “Available Shares”). In the event Counterparty shall not have delivered the full number of Shares otherwise deliverable as a result of this paragraph 5 (the resulting deficit, the “Deficit Shares”), Counterparty shall be continually obligated to deliver, from time to time until the full number of Deficit Shares have been delivered pursuant to this paragraph, Shares when, and to the extent that, (i) Shares are repurchased, acquired or otherwise received by Counterparty or any of its subsidiaries after the date hereof (whether or not in exchange for cash, fair value or any other consideration), (ii) authorized and unissued Shares reserved for issuance in respect of other transactions prior to such date which prior to the relevant date become no longer so reserved or (iii) Counterparty additionally authorizes any unissued Shares that are not reserved for other transactions. Counterparty shall promptly notify Dealer of the occurrence of any of the foregoing events (including the number of Shares subject to clause (i), (ii) or (iii) and the corresponding number of Shares to be delivered) and promptly deliver such Shares thereafter.

  • Expedited Deliverability Study means a deliverability study that an eligible Developer may elect to pursue as that term is defined in OATT Section 25 (OATT Attachment S) that may determine the extent to which an existing or proposed facility satisfies the NYISO Deliverability Interconnection Standard at its requested CRIS level without the need for System Deliverability Upgrades. The schedule and scope of the study is defined in Sections 25.5.9.2.1 and 25.7.1.2 of this Attachment S.

  • Delay Delivery Mortgage Loans The Mortgage Loans for which all or a portion of a related Mortgage File is not delivered to the Trustee or to the Custodian on its behalf on the Closing Date. The number of Delay Delivery Mortgage Loans shall not exceed 25% of the aggregate number of Mortgage Loans as of the Closing Date.

  • Initial Delivery Date has the meaning set forth in Section 1.1(d).

  • Exercise Notice has the meaning set forth in Section 3.2(1);

  • INTER-CONNECTION POINT/ DELIVERY/ METERING POINT means a single point at 220kV or above, where the power from the Project(s) is injected into the identified ISTS Substation (including the dedicated transmission line connecting the Projects with the substation system) as specified in the RfS document. Metering shall be done at this interconnection point where the power is injected into. For interconnection with grid and metering, the WPDs shall abide by the relevant CERC/ SERC Regulations, Grid Code and Central Electricity Authority (Installation and Operation of Meters) Regulations, 2006 as amended and revised from time to time.

  • Delivery Month means each month specified as such by the Exchange pursuant to

  • Project Deliverables means the Project deliverables set out in Schedule 2. Project Material means all the material including but not limited to documents, computer software, and data stored by any means which is created by the Fellow in the course of undertaking the Project.

  • Delivery Year means the Planning Period for which a Capacity Resource is committed pursuant to the auction procedures specified in Tariff, Attachment DD, or pursuant to an FRR Capacity Plan under Reliability Assurance Agreement, Schedule 8.1. Demand Bid:

  • Calling Name Delivery Service (CNDS means a service that enables a terminating End User to identify the calling Party by a displayed name before a call is answered. The calling Party’s name is retrieved from a calling name database and delivered to the End User’s premise between the first and second ring for display on compatible End User premises equipment.

  • House dust mite product means a product whose label, packaging, or accompanying literature states that the product is suitable for use against house dust mites, but does not indicate that the product is suitable for use against ants, cockroaches, or other household crawling arthropods.

  • Share Delivery Date shall have the meaning set forth in Section 4(c)(ii).

  • Exercise Notice Deadline In respect of any exercise of Options hereunder on any Conversion Date, the “Scheduled Trading Day” prior to the scheduled first “VWAP Trading Day” of the “Observation Period” (each as defined in the Indenture, but, in the case of any such Observation Period, as modified by the provision set forth opposite the caption “Convertible Security Settlement Method”) relating to the Convertible Securities converted on the Conversion Date occurring on the relevant Exercise Date; provided that in the case of any exercise of Options hereunder in connection with the conversion of any Relevant Convertible Securities on any Conversion Date occurring during the period starting on and including June 4, 2020 and ending on and including the second “Scheduled Trading Day” immediately preceding the “Maturity Date” (each as defined in the Indenture) (the “Final Conversion Period”), the Exercise Notice Deadline shall be noon, New York City time, on the “Scheduled Trading Day” (as defined in the Indenture) immediately preceding the “Maturity Date” (as defined in the Indenture).

  • Final Delivery Date means the date the Supplier is entitled to deliver the Products form the Purchaser even if the Products have not been called off as agreed in any Sales Agreement.

  • Delivery Schedule means the schedule for the delivery of Services as set forth in attached Annex 3.

  • 2 Wire Analog Voice Grade Loop or “Analog 2W” provides an effective 2-wire channel with 2-wire interfaces at each end that is suitable for the transport of analog Voice Grade (nominal 300 to 3000 Hz) signals and loop-start signaling. This Loop type is more fully described in Verizon Technical Reference (TR)-72565, as revised from time-to-time. If “Customer-Specified Signaling” is requested, the Loop will operate with one of the following signaling types that may be specified when the Loop is ordered: loop-start, ground-start, loop- reverse-battery, and no signaling. Customer specified signaling is more fully described in Verizon TR-72570, as revised from time-to- time. Verizon will not build new facilities.

  • Final Acceptance Certificate “– shall mean ISR's issuance of a signed Final Acceptance Certificate in the form attached hereto as Appendix D.

  • Delay Delivery Certification As defined in Section 2.02(a) hereof.