Missed Delivery definition

Missed Delivery or “Missed Deliveries” shall have the meaning set forth in Section 2.2(f).
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Missed Delivery means Xxxxxx fails to make a delivery to a TFM Store within [***] of the time and day scheduled.
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Missed Delivery or “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 Delivery in a sentence

  • If the termination was validly made by Conergy pursuant to Section 4.2 or Section 4.4(a), MEMC shall return to Conergy the balance of Refundable Capacity Reservation Deposit and pro rated for each Missed Delivery the Retained Refundable Capacity Reservation Deposit Amount of the previous years within sixty (60) days of the termination.

  • Additional Fees may be charged for the following, as explained in the sections of this Agreement: Missed Pick Up or Missed Delivery Fee – up to $75, Redelivery After Failed Attempt - up to $350, Access Storage Items - $25, Special Pickup Fee or Special Delivery Fee - up to $400, Late Change of Delivery / Pickup Day or Location - up to $350, Billing Fee - up to $50, Self Pick-up / Drop-off fee - $25, Additional Abandonment Fees - Costs incurred when storage items are not claimed by the Customer.

  • In addition to TFM’s other available rights and remedies, if a Missed Delivery occurs more than [***] times in any consecutive [***] month period, Xxxxxx shall pay to TFM on demand [***] as liquidated damages for each Missed Delivery that occurs thereafter during such [***] month period.

  • A major reason why the UNCED objectives have not been realised is the fact that the behaviour and practices of the main economic players (that determine production and consumption patterns) have not been brought under any kind of effective framework of accountability and disciplines.

  • Additional Fees may be charged for the following, as explained in the sections of this Agreement: Missed Pick Up or Missed Delivery Fee – up to $75, Redelivery After Failed Attempt - up to $350, Special Pickup Fee or Special Delivery Fee - up to $400, Late Change of Delivery / Pickup Day or Location - up to $350, Billing Fee - up to $50, Self Pick-up / Drop-off fee - $25.

  • Additional Fees may be charged for the following, as explained in the sections of this Agreement: Missed Pick Up or Missed Delivery Fee – up to $75, Redelivery After Failed Attempt ­ up to $350, Special Pickup Fee or Special Delivery Fee ­ up to $400, Late Change of Delivery / Pickup Day or Location ­ up to $350, Billing Fee ­ up to $50, Self Pick­up / Drop­off fee ­ $25.

  • The Wafer price for such Missed Deliveries, if actually made in the Contract Year subsequent to the Contract Year where the Missed Delivery occurred, shall be the Wafer price in effect at the time of shipment of the Wafers.

  • For the avoidance of doubt, the Seller shall provide all the Quarter Quantity in full for the Contract Year ending on December 31, 2008 and Article II.6 shall not apply to any Missed Delivery existed for the Contract Year ending on December 31, 2008.

  • The Parties expressly agree and acknowledge that any Missed Delivery hereunder shall not allow the Buyer to terminate this Agreement; provided, however, subject to Article II.12, the Buyer shall have the right to claim actual damages against Seller for failure to deliver Wafers on a timely basis after reasonable best efforts to mitigate such damages by the Buyer.

  • In the event the Company exercises one of its Stock Repurchase Options resulting from a Delayed Delivery, a Missed Delivery, or a Cancelled Product, the Company, or its assignees, shall have an unconditional option to purchase from the Purchaser 10% of the Shares originally issued to Purchaser hereunder.


More Definitions of Missed Delivery

Missed Delivery shall have the meaning set forth in Article II.6.
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Related to Missed Delivery

  • 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.

  • 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;

  • Delayed Delivery Fee shall have the meaning specified in paragraph 2B(8)(iii).

  • Delivery Period Expiry Date “Downgraded Facility”, “Downgrade Event”, “Equipment Notes”, “Fee Letter”, “Final Legal Distribution Date”, “Financing Agreement”, “Investment Earnings”, “Liquidity Facility”, “Liquidity Obligations”, “Loan Trustee”, “Non-Extended Facility”, “Note Purchase Agreement”, “Operative Agreements”, “Participation Agreement”, “Performing Equipment Note”, “Person”, “Pool Balance”, “Rating Agencies”, “Regular Distribution Date”, “Replacement Liquidity Facility”, “Responsible Officer”, “Scheduled Payment”, “Special Payment”, “Stated Interest Rate”, “Subordination Agent”, “Taxes”, “Threshold Rating”, “Transfer”, “Trust Agreement”, “Trustee”, “Underwriters”, and “Underwriting Agreement”.

  • Notice of Guaranteed Delivery means the notice of guaranteed delivery in the form printed on green paper accompanying the Offer to Purchase and Circular;

  • Accelerated Borrowing Base Delivery Event means either (i) the occurrence and continuance of any Event of Default, or (ii) the failure of the Borrowers to maintain Availability at least equal to the greater of (x) $22,500,000 and (y) fifteen percent (15%) of the Loan Cap. For purposes of this Agreement, the occurrence of an Accelerated Borrowing Base Delivery Event shall be deemed continuing (i) so long as such 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) $22,500,000 and (y) fifteen percent (15%) of the Loan Cap for thirty (30) consecutive calendar days, in which case an Accelerated Borrowing Base Delivery Event shall no longer be deemed to be continuing. 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.

  • Notice Delivery Period means the period from and including the Trade Date to and including the fifth Business Day following the date that is fourteen (14) calendar days after the Extension Date.

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

  • MI Failure means when an MI report: a) contains any material errors or material omissions or a missing mandatory field; or b) is submitted using an incorrect MI reporting Template; or c) is not submitted by the reporting date(including where a Nil Return should have been filed);

  • 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.

  • Milestone Failure means a failure by the Grant Recipient fully to achieve any Milestone by the relevant Milestone Date;

  • 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.

  • Supply Failure shall have the meaning ascribed to it in Section 2.8.

  • Share Delivery Quantity For any Settlement Date, a number of Shares, as calculated by the Calculation Agent, equal to the Net Share Settlement Amount for such Settlement Date divided by the Settlement Price on the Valuation Date for such Settlement Date.

  • Persistent Failure means any two (2) or more failures by the Supplier in any rolling period of twelve (12) months to comply with obligations in respect of the Contract Services under the Contract;

  • Notice of Exercise means a notice in writing addressed to the Company at its address first recited, which notice shall specify therein the number of Optioned Shares in respect of which the Option is being exercised;

  • 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.

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

  • Contractual Delivery Date means the stipulated date on which the contractor shall attain

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

  • Consistent Failure means any of:

  • Delivery sale means any sale of a vapor product to a

  • Delivery Day means a day other than a Saturday, a Sunday or any other day on which national banking associations are authorized to be closed. Any party may change its address for purposes of the receipt of notices and demands by giving notice of the change in the manner provided in this provision.

  • Delivery Period means that period agreed in writing between the Parties in relation to Delivery of the Product or parts thereof by the Contractor, any delay in which shall be deemed a breach of this Agreement and entitle JOBURG MARKET to exercise its remedies in terms of this Agreement or at law.

  • Maximum Deliverable Number means the number of Shares set forth as such in Annex B to this Confirmation. Counterparty represents and warrants to BofA (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 immediately notify BofA 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.

  • Transaction Failure means the failure to consummate a Business Combination within 18 months of the Effective Date (or 24 months after the Effective Date, if a letter of intent, agreement in principle or definitive agreement has been executed within 18 months after the Effective Date and the Business Combination relating thereto has not yet been consummated within such 18-month period).