Deficiency Payment Clause Samples

Deficiency Payment. (a) On the earlier of (i) December 29, 2014, or (ii) 14 days after the date the sale of the last Subject Units is consummated, but in no event sooner than 15 days after the Six Month Date (the earlier of such date, the “Initial Deficiency Payment Date”), to the extent that the aggregate amount of the cash actually received or to be received by CEPM (together with any Permitted Transferee) as of the earlier of (a) December 15, 2014 and (b) the date of the sale of the last Subject Unit is consummated (the earlier date, the “Initial Determination Date”), which sale shall in no event occur prior to the passage of the Six Month Date, from the sales of the Subject Units (including the proceeds of the sale of the $1 million of Subject Units to SEPI pursuant to Section 4 and any amounts received or to be received pursuant to Section 9(b) that SEPI is electing to purchase, which each shall be counted as a sale of Subject Units) is less than the Subject Unit Target Proceeds, SEPI or its designee (other than CEP) will pay, on the Initial Deficiency Payment Date, by wire transfer of immediately available funds to the account specified by CEPM prior to such time, to CEPM an amount, if any, equal to the lesser of (i) the shortfall amount from the Subject Unit Target Proceeds calculated as set forth below (the “Shortfall Amount”), or (ii) $5 million (such lesser amount, the “Deficiency Payment”). Notwithstanding anything in Section 9 or 10 to the contrary, any references therein to a sale, or consummation of a sale, or similar references, when used in reference to the Six Month Date, shall be deemed to include any time that a sale would be deemed to occur for purposes of Section 16 of the Exchange Act and the rules and regulations thereunder. If CEPM (together with any Permitted Transferee) continues to hold more than 1 million Class B Units on the Initial Determination Date, CEPM may elect in its sole discretion, by giving at least seven days’ written notice to SEPI prior to the Initial Determination Date, to exercise a four-month delay in the Determination Date to April 15, 2015 (the “Delayed Determination Date”), and during such four-month period CEPM (together with any Permitted Transferee) shall use commercially reasonable efforts to sell the remainder of the Subject Units. However, if CEPM elects this delay to the Delayed Determination Date, the Initial Deficiency Payment Date shall also be delayed by four months to April 29, 2015 and no payment will be due from SE...

Deficiency Payment. As soon as practicable after CPP determines that there will be a Development Cost Deficiency under Subsection 4.1.7 above, CPP must preliminarily estimate the total Development Cost Deficiency and provide TILLOTTS that preliminary estimate in writing, accompanied by the reasonably detailed analysis leading to that estimate and any reasonable supporting documentation. On or before the date ten business days after TILLOTTS’ receipt of that written preliminary estimate, the parties will convene a meeting to arrive at a final estimate of the Development Cost Deficiency and the timing and manner of TILLOTTS’ making the Deficiency Payments. To the extent TILLOTTS elects to apply the Deficiency Payments toward the purchase of Restricted Stock as provided under Subsection 4.1.7(b) above, CPP will have no obligation to repay the Deficiency Payments.

Deficiency Payment. If Customer has a Deficiency Quantity in any Month, then, as soon as practicable following the end of such Month, Transporter shall deliver to Customer a written notice/invoice (the “Deficiency Invoice”), which shall specify in reasonable detail (a) the Deficiency Quantity, and (b) the dollar amount that would have been paid by Customer to Transporter if Customer had shipped the Minimum Volume Commitment each day during that Month. Customer shall make a payment to Transporter equal to the sum of (i) the Deficiency Quantity, SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN GRANTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH FIVE ASTERISKS (*****). multiplied by (ii) the Priority Service Tariff Rate applicable during such Month (the “Deficiency Payment”). Customer shall pay the Deficiency Payment to Transporter within fifteen (15) days of Customer’s receipt of the Deficiency Invoice related thereto. An illustrative example of the calculation of the Deficiency Payment is attached as Schedule D.

Deficiency Payment. If upon return the Airframe or any Engine (including any Replacement Engine) (each, an "Item of Equipment") is below the minimum standard applicable thereto specified in (S) C (the "Minimum"), Lessor shall accept return of the Aircraft, provided that the other return conditions set forth in this Annex B have been satisfied or waived, upon payment to Lessor of the excess (if any) of (1) the sum of the Deficiency Amounts (as such phrase is defined below) for all such Items of Equipment over (2) the sum of the Credit Amounts (as defined below) for all such Items of Equipment; and if there is no such excess, Lessor shall accept return of the Aircraft without any payment by Lessee. For purposes of this (S) D, with respect to any Item of Equipment, "Performance Costs" is the cost of performing the applicable overhaul or refurbishment on which the Minimum for such Item of Equipment is based at a rate equal to 120% of the direct cost to Lessee of performing such work or, if Lessee does not perform such work, at a rate then charged by an outside maintenance provider to Lessee for performing such work;

Deficiency Payment. Clark shall pay the amount of the Deficiency Payment due within thi▇▇▇ (30) days of the receipt of the invoice referred to in Section 4.4.

Deficiency Payment. If during a Contract Year Buyer fails to take the Required Yearly Quantity, Koch shall i▇▇▇▇ce Buyer within thirty (30) days of the end of the Contract Year for an amount equal to the Deficiency Volumes multiplied by the Yearly Contract Price for such Contract Year. Buyer shall pay Koch the foregoing amount within two (2) days of the invoice date by Koch debitin▇ ▇▇yer's bank account using EFT.

Deficiency Payment. 3.1. If at the end of a Calculation Period during the Delivery Period the Facility fails to achieve the Guaranteed Minimum Output, then Seller shall pay to PSE as liquidated damages an amount equal to the Deficiency Payment. 3.2. Seller’s computation of the amount due to PSE pursuant to Section 3.1 of this Appendix H (if any) shall be included in the invoice covering the last calendar month of each Calculation Period, subject to adjustment pursuant to Section H2.4. For the avoidance of doubt, if Seller determines that no Deficiency Payment is owed for a Calculation Period, but it is later determined under Section H2.4 that a Deficiency Payment is owed, the Deficiency Payment will be paid by Seller to PSE promptly, but in no event more than five (5) Days after the Deficiency Payment is calculated under Section H2.4. 3.3. For the avoidance of doubt, the Deficiency Payment shall be calculated as follows: [(A – B) * (C – D)]

Deficiency Payment. If at the end of a Calculation Period during the Delivery Period the Facility fails to achieve the Guaranteed Minimum Output, then Seller shall pay to PSE as liquidated damages an amount equal to the Deficiency Payment.

Deficiency Payment. On a FHLMC GMC issue, a principal amount guaranteed and paid to bondholders in excess of actual principal collections on the underlying mortgages. All deficiency payments on a given issue must be repaid to FHLMC bondholders may receive any payments of principal in excess of the guaranteed amounts. The amount by which expenditures exceed revenues. A progressive reduction in the price level, which would make real interest rates greater than nominal rates.