Examples of Y5 Facility in a sentence
The Y5 Operating Committee shall communicate on a day-to-day basis with respect to the status of Y5 Facility operations and any other issues that may arise, and shall meet in person no less than two (2) times per week, or such other times and frequency as may be agreed upon by all members of such committee.
To the extent any provision in the FP Operative Documents or the FA Operative Documents that pertains to the Y5 Facility expressly conflicts with any provision in the FF Operative Documents, such provision in the FF Operative Documents shall control as to such conflict except as expressly stated herein [***].
The capacity ratios used to calculate output and cost allocation for the Y3 Facility, the Y4 Facility, the Y5 Facility, the New Y2 Facility and the Y6 Facility as set forth in Schedule 12.2(d) to the New Y2 Facility Agreement and Schedule 12.1(c) to the Y6 Facility Agreement are hereby replaced with the capacity ratios initially set forth on Schedule 12.1(f) to this Agreement and updated from time to time by the Parent Parties as mutually agreed.
All consents and approvals of any Governmental Authority (other than immaterial Governmental Actions such as routine qualifications to do business intended to be obtained as needed or Governmental Actions needed in connection with the operation of the Y5 Facility) or other third Person necessary or advisable for such Party or any of its Affiliates to consummate in all material respects the transactions contemplated by the Master Operative Documents have been obtained.
Government incentives (financial or otherwise) attributable to the assets or operations of Flash Forward and the Y5 Facility will be shared by the Parties in accordance with the Y5 Capacity Ratio at the time such incentives are realized.
The Y5 Operating Committee is intended to be a collaborative body with real-time communications, respectful consultation and dispute resolution and shall work together with the goal of making the Y5 Facility the most advanced and competitive (cost and technology) memory fabrication facility in the world.
The terms and conditions with respect to the financing necessary to enable committed or agreed capacity expansions or other investment in FPL or FAL for JV Capacity at the Y5 Facility shall be as follows: (i) in the case of FAL, as set forth in Section 6.12 of the FAL Master Agreement as if such investment were in the Y4 Facility and (ii) in the case of FPL, as set forth in Section 6.10 of the FPL Master Agreement as if such investment were in the Y3 Facility.
Toshiba shall exercise all commercially reasonable efforts to ensure that Y5 Facility is (A) insurable, (B) designed and constructed to mutually acceptable high levels of risk standards, and (C) is completed [***]; provided, that Toshiba shall have no liability to SanDisk, any Affiliate of SanDisk or Flash Forward if completion is not achieved by such time.
The Y5 Operating Committee shall prepare and distribute to the Parties (at least three (3) Business Days in advance of the monthly review meetings) monthly reports in English with respect to the engineering activities, operations and financial affairs of the applicable JV(s) and the Y5 Facility.
Matters related to the Y5 Facility contemplated to be escalated or referred to FFL’s Management Representatives shall be escalated or referred to FPL’s Management Committee (for such matters related to FPL), FAL’s Management Committee (for such matters related to FAL), and FFL’s Management Representatives (for such matters related to FFL).