Negative Deviation definition

Negative Deviation has the meaning ascribed to it in Clause 7.1.1;
Sample 1
Negative Deviation is defined as a negative change or the prospect of a negative change in excess of fifteen percent (15%) of the net income/(loss) of ECO on a quarterly basis (any accrued interest payments on loans from NRUCFC shall not be included in this calculation). This provision shall not apply to any sales of propane and other equipment that are made after a purchase order for such sales has been received by ECO or such other events as may be agreed to by the Parties in writing from time to time. At H Power's written request, ECO or EFC shall immediately take such steps as may be necessary to bring its budget back into compliance within forty-five (45) days or a Material Adverse Change shall be deemed to have occurred.
Sample 1
Negative Deviation means a negative deviation of the realized aggregate EBITDA of the Company for the period from January 1, through April 30, 2004 ("Deviation Period I") determined on May 15, 2004 ("Deviation Date I") or for the period from May 1, through August 31, 2004, ("Deviation Period II") determined on September 15, 2004 ("Deviation Date II") compared with the planned aggregate EBITDA set out in the Business Plan for the financial year 2004 resolved by the shareholders (the "Business Plan EBITDA") for the respective Deviation Period on the respective Deviation Date of more than 25 (twenty-five) percent. To the extent any negative impact on the EBITDA of the Company is caused by a business measure to which at least one member of the Euronet Group consented, such negative impact shall be eliminated for the purpose of determining a Negative Deviation.
Sample 1

Examples of Negative Deviation in a sentence

  • In particular, and without prejudice to the Seller's position that these Articles are not applicable anyway, the Purchaser confirms that it has no claim under Article 8.5 of the Agreement or under Section 7.1 of the Seller's Representations and Warranties with respect to the Negative Deviation, the Reduced Outlook, or the actual EBIT of the Industrial Packaging Division for 2001 up to Closing.

  • The Purchaser hereby expressly confirms and agrees that from and after the date hereof it shall have no claim whatsoever under the Agreement, including but not limited to the Seller's Representations and Warranties or any indemnities of the Seller thereunder, due to or as a result of the Negative Deviation, the Reduced Outlook, or the actual EBIT of the Industrial Packaging Division for 2001 up to Closing.

  • Negative Deviation from Approved Business Plan or Approved Budget.

Related to Negative Deviation

  • Deviation is a departure from the requirements specified in the tendering document;

  • Material Deviation refers to any contents or characteristics of the proposal that is significantly different from an essential aspect or requirement of the RFP, and : (i) substantially alters the scope and quality of the requirements; (ii) limits the rights of UNDP and/or the obligations of the offeror; and (iii) adversely impacts the fairness and principles of the procurement process, such as those that compromise the competitive position of other offerors.

  • Substantial modification means modification of a relevant source that results in a significant increase in emissions, excluding any change in emissions resulting from by-product recovery. It shall be a matter for the Party to decide whether a modification is substantial or not;

  • Adverse System Impact means a negative effect that compromises the safety or reliability of the electric distribution system or materially affects the quality of electric service provided by the electric distribution company (EDC) to other customers.

  • Projecting sign ’ means a sign which is affixed to a wall of a building and which at some point projects more than 250 mm in front of the surface of such wall;

  • Degradation means a decrease in the useful life of the right-of-way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way earlier than would be required if the excavation or disturbance did not occur.

  • Material Modification means any modification to an Interconnection Request that has a material adverse effect on the cost or timing of Interconnection Studies related to, or any Network Upgrades or Local Upgrades needed to accommodate, any Interconnection Request with a later Queue Position.

  • Product Specification means a product specification for a Medical Device set out in Schedule 2;

  • Variance means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

  • Asbestos-containing material or “ACM” means asbestos or any material containing more than one percent (1%) asbestos as determined using methods specified in 40 CFR 763, Subpart E, Appendix E, Section I, Polarized Light Microscopy* including Category I and Category II ACM and all friable material.

  • Discrepancies incident to shipment means any differences (e.g., count or condition) between the items documented to have been shipped and items actually received.

  • Projection means prospective financial statements that present, to the best of the responsible party’s knowledge and belief given one or more hypothetical assumptions, an entity’s expected financial position, results of operations, and changes in financial position or cash flows that are based on the responsible party’s assumptions reflecting conditions it expects would exist and the course of action it expects would be taken given such hypothetical assumptions.

  • medium voltage means the set of nominal voltage levels that lie above low voltage and below high voltage in the range of 1 kV to 44 kV;

  • Input Material means all documents, information, representations, statements and materials provided by Customer or a third party on behalf of Customer, relating to the Services, including computer programs, data, logos, reports and specifications and inventories.

  • Adulterated Specimen means a specimen that contains a substance that is not expected to be present in human urine, or contains a substance expected to be present but is at a concentration so high that it is not consistent with human urine.

  • Negative means that a rating may be lowered