Examples of Shortfall Units in a sentence
The number of units of Products which Focal was obligated, but failed, to supply to Genzyme to meet the applicable [**] or [**] requirements set forth in this Section 5.4(c) are referred to herein as the "Shortfall Units".
The Responsible Entity must immediately notify the Underwriters in writing if at any time before the Instalment Shortfall Sale Date the forfeiture of an Instalment Shortfall Unit is cancelled in accordance with the Scheme Constitution and must advise the Underwriters of the revised number of Instalment Shortfall Units and the revised Unpaid Instalment Amount.
SWAI shall ship all Shortfall Units to Distributor in accordance with Article 11.
In the event, at the end of any Calendar Quarter, the number of Products actually shipped by SWAI during such Calendar Quarter (the “Actual Units”) is less than the Firm Commitment for such Calendar Quarter (the “Firm Commitment Units” and the number of units by which the Actual Units is less than the Firm Commitment Units, the “Shortfall Units”), SWAI will include in the invoice for the last Calendar Month of such Calendar Quarter, and Distributor shall purchase from SWAI, the Shortfall Units.
If the Purchaser exercises the Upsize Option, the Purchaser shall give prompt written notice (but in no event later than five (5) days after CEI provides the foregoing notice) to CEI and CQP indicating the number of additional Class B Units the Purchaser desires to Purchase up to the number of Shortfall Units (the “Additional Units”).
For the purposes of this agreement the number of Instalment Shortfall Units and the Unpaid Instalment Amount at any time is the number of Instalment Units and the Unpaid Instalment Amount most recently advised to the Underwriters under this clause 8.3.
The Consent Payment Units, Plan Additional Units and Cash Flow Shortfall Units will represent a percentage of the New Units on a Fully Diluted Basis equal to the aggregate amount of such cash payments divided by the Equity Value.
If Leucadia sells and Buyer purchases such Shortfall Units as required by this Section 2.1(b), the Buyer shall have no obligation to NBPCo in any manner with respect to any Missing Units, and shall not be required to purchase any Missing Units from NBPCo.
As used in this Agreement the term “Purchased Interests” shall include any Shortfall Units if any Shortfall Units are sold pursuant to this Section 2.1(b).