Shortfall Fees definition

Shortfall Fees has the meaning given such term in Section 7.1(d).
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Shortfall Fees as follows: “Shortfall Fees” means the difference between Actual TEU Throughput and the Minimum Guaranteed TEU Throughput multiplied by the Tier 1 TEU Rate for any applicable Fiscal Year as set forth in Exhibit “A” and in Section 5(E).
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Shortfall Fees means fees or payments, however described in the applicable agreement, paid or payable by the Borrower or any Subsidiary of the Borrower pursuant to a network services or equipment supply agreement for the purchase of goods or services entered into in the ordinary course of business if the Borrower or such Subsidiary shall fail to make minimum specified purchases of network capacity, equipment or other goods or services as required in accordance with the terms of such agreement.
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Examples of Shortfall Fees in a sentence

  • If the result is a negative amount, Antero Water shall pay to Producer, concurrently with the delivery of such invoice, the lesser of (1) the absolute value of such amount and (2) the sum of the amounts actually paid by Producer in respect of Quarterly MVC Shortfall Fees in such calendar year.

  • Since the actual Jurisdiction tonnage of 3,380.00 tons is less 3,496.00, i.e., 80% of the 4,370.00, the Monthly Shortfall Fees due that month was ($43.16 plus $1.50) multiplied by 990.00 or $44,213.40.

  • For the Contract Year the sum of the Monthly Shortfall Fees was $44,213.40 (i.e., $44,213.40 plus 0.00).

  • Since the actual Jurisdiction tonnage of 3,910.72 tons is greater than 3,248.00, i.e., 80% of the 4,060.00 Minimum Monthly Tonnage for March, there was no Monthly Shortfall Fees due that month.

  • Since the actual Jurisdiction tonnage in both months is greater than the 80% of the respective Minimum Monthly Tonnages, no Monthly Shortfall Fees were due.

  • Since both the sum of the Monthly Shortfall Fees and the Annual Shortfall Calculation are both zero, there are no payments due to either Party.

  • For purposes of Example 2 the assumed actual tonnage delivered during a Contract Year, Minimum Monthly Tonnage, Monthly Shortfall Tonnage and Monthly Shortfall Fees are provided in Table 2 below.

  • For purposes of Example 1 the assumed actual tonnage delivered during a Contract Year, Minimum Monthly Tonnages, Monthly Shortfall Tonnages and Monthly Shortfall Fees are provided in Table 1 below.

  • Since the sum of the Monthly Shortfall Fees is greater than the Annual Shortfall Calculation, the Company, in this example, will pay the Jurisdictions an Annual Shortfall Rebate in the amount of the difference between the sum of the Monthly Shortfall Fees of $43,213.40 and the Annual Shortfall Calculation of zero, or $43,213.40 as shown at the bottom of Table 2.

  • Since the sum of the Monthly Shortfall Fees is less than the Annual Shortfall Calculation, the Jurisdictions, in this example, would owe the Company an Annual Shortfall Fee, in the amount of the difference between the Annual Shortfall Calculation of $8,818.53 and the sum of the Monthly Shortfall Fees of zero, or $8,818.53 as shown at the bottom of Table 3.


More Definitions of Shortfall Fees

Shortfall Fees shall have the meaning set forth in Section 3.1(c).
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