Performance Shortfall definition

Performance Shortfall has the meaning set forth in Section 4.
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Performance Shortfall means, with respect to any four consecutive calendar quarters beginning with the four-quarter period consisting of the last three calendar quarter of 1996 and the first calendar quarter of 1997, the aggregate EBITDA for such quarters is less than 70% of the aggregate Forecasted EBITDA for such quarters.
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Performance Shortfall refers to a situation in which either (i) a solar inverter or the whole System stops generating energy for three (3) daylight hours, or (ii) the Actual Energy generated by the System is calculated with high statistical confidence to be less than 85% of the Expected Energy for twenty-four (24) hours.
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Examples of Performance Shortfall in a sentence

  • The Sales Performance Shortfall Amount shall be multiplied by two percent (2%) to determine the Variable Sale Royalty to be paid for the applicable Exclusivity Test Period attributable to sales of Licensed Vacation Ownership Interests and Licensed Unbranded Vacation Ownership Interests.

  • Within a mutually agreeable period after such discussion, DST shall prepare and present to the Trust a corrective action plan to address and correct the cause of the Performance Shortfall.

  • Except as provided in the Master Hotel Agreement, termination of this Lease and recovery of the Rent and other amounts as aforesaid shall constitute Lessor's sole remedy for the Revenue Performance Shortfall, and Lessee shall not be liable to Lessor for damages arising therefrom.

  • The Performance Shortfall shall be the difference between (a) the Guaranteed Level, and (b) Actual Generation.

  • Landlord shall have no obligation to repay any amount advanced by Tenant to cure a Revenue Performance Shortfall.


More Definitions of Performance Shortfall

Performance Shortfall means El Dorado EBITDA is less than $60 million, on a rolling four quarter basis, as of the end of any fiscal quarter of the Company ending on or after June 30, 2017. El Dorado EBITDA shall be reported together with the delivery to Purchaser of the financial statements for the relevant quarter on which El Dorado EBITDA is to be determined and a Performance Shortfall shall be deemed to exist on the date such financials are delivered showing a Performance Shortfall (or, if such financials are not delivered, the date such financials were required to be delivered), unless the Company otherwise provides reasonably adequate calculations to Purchaser demonstrating that no Performance Shortfall exists. The financials described in the foregoing sentence shall be delivered to the Purchaser within 5 days of the required filing date of the 10-Q for the relevant fiscal quarter.
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Performance Shortfall means a material failure of the Program to meet the financial expectations set forth in the Program Pro Forma which failure presages, in the reasonable judgment of a party, significant long-term underperformance of the Program.
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Performance Shortfall for any period means the amount, if any, by which the Performance Target for such period exceeds the Consolidated Performance for such period, provided that if such Consolidated Performance exceeds such Performance Target the Performance Shortfall shall be zero;
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Performance Shortfall has the meaning given in Appendix I to the Contingent Guaranty Agreement.
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Performance Shortfall means, if at the end of the fiscal year, EBITDA for such year is below 70% of the Target EBITDA for such year.
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Performance Shortfall. The Company may, in its discretion, terminate the Employment Period hereunder, without prior notice, in the event of a Performance Shortfall. For purposes of this Agreement, the term “Performance Shortfall” shall mean either of the following:
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Performance Shortfall expressed in MWh, means the failure of the Facility to achieve the Performance Guarantee during the Performance Guarantee Period, as described below, and shall equal the Performance Guarantee minus the actual production of the Facility at the Main Facility Meter measured at the end of each Calendar Month during the Performance Guarantee Period.
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