Minimum Percentage Clause Samples

The Minimum Percentage clause sets a baseline threshold that must be met for certain obligations or benefits within a contract to take effect. For example, it may require that a minimum percentage of products be purchased, a minimum level of participation be achieved, or a minimum amount of revenue be generated before specific terms apply. This clause ensures that both parties have clear expectations regarding the minimum performance or commitment required, thereby reducing ambiguity and protecting against underperformance or insufficient engagement.
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Minimum Percentage. No less than [20%] of the value of a Certificate Owner’s Covered Asset Pool may be invested in Eligible Assets in the Core Fixed asset class category.
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Minimum Percentage. Project’s High Hazard Fuel Use must meet minimum percentages, as measured pursuant to Appendix B, shall be: 40% in 2016, 50% in 2017, 60% in 2018, 80% in 2019, and 80% for each subsequent year (“Minimum Percentage”). If the Seller elects a higher percentage High Hazard Fuel in the Cover Sheet, the percentages in the preceding are to be replaced with the percentages Seller entered in the Cover Sheet. The percentage of High Hazard Fuel Use will be demonstrated annually based on Seller’s Quarterly Fuel Attestations as calculated in Appendix B.
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Minimum Percentage. Notwithstanding any provision of the Operating Agreement to the contrary, at all times during the existence of the company, the interest of each member in each material item of company income, gain, loss, deduction or credit will be equal to at least one percent (1%) of each such item.
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Minimum Percentage. For each calendar quarter throughout the Term, Retailer and each of Retailer’s Affiliates shall purchase Merchandise in the Product Categories, the total aggregate price of which after taking into account any discounts and allowances shall be equal in amount to not less than 55% of Retailer’s gross aggregate cost of sales during such quarter of all Merchandise in all stores owned or operated by Retailer and its Affiliates during such quarter.
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Minimum Percentage. The SERVICE PROVIDER will assure that the required minimum percentage of the Title IIIB and State Service funds will be expended for the delivery of each of the following categories of service: eight percent (8%) for access services (transportation, outreach, and information and referral), eight percent (8%) for in-home services (homemaker and home health aide, visiting, telephone reassurance, chore maintenance, supportive services for families of frail elderly people including victims of Alzheimer’s disease and related disorders with neurological and organic brain dysfunction and their families), and two percent (2%) for legal assistance.
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Minimum Percentage. During each Contract Period, Industry agrees to ship, pursuant to this contract, at least 95% of Industry's entire shipments of Commodity transported by all transportation modes from all originating points (whether an Origin listed under this Contract or otherwise), to Industry's Plant located at Southport, NC. Other than with respect to the ---------------- [xxx] These portions of this exhibit have been omitted and filed separately with the Commission pursuant to a request for confidential treatment. percentage requirement set forth above, Carrier acknowledges and agrees that Industry shall not be obligated to ship any minimum amount of coal pursuant to this Contract. Surplus Contract Periods may not be credited against deficit Contract Periods. Purchases of Commodity by Industry shipped by other transportation modes during periods of Force Majeure (as defined herein) which prevent Carrier from delivering to Industry a supply of Commodity shall not be included in the computation of the minimum percentage hereunder. If Industry fails to meet the percentage provision during a Contract Period, Industry agrees to pay liquidated damages ("Liquidated Damages") to the Carrier in an amount equal to $[xxx] per ton multiplied by the difference between: (a) the tons of Commodity that should have been tendered pursuant to this Contract to comply with the percentage provision, and (b) the tons that were actually tendered pursuant to this Contract. Such Liquidated Damages shall be the exclusive remedy of the Carrier if Industry fails to meet such required percentage.
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Minimum Percentage. During each calendar year, or portion thereof, during the term of this Contract (each such period, a "Contract Period"), Industry agrees to ship, pursuant to this Contract, at least 65% of Industry's entire receipts of coal at Industry's Facility located in Roxboro, North Carolina. Surpluses in Contract Periods may not be credited against deficits in other Contract Periods. Shipments of coal by other transportation modes during periods of force majeure, which prevent Carrier from delivering to Industry a supply of coal, shall not be included in the computation of the minimum percentage hereunder. Other than with respect to the percentage requirement set forth above, Carrier acknowledges and agrees that Industry shall not be obligated to ship any minimum amount of coal pursuant to this Contract. If Industry fails to meet the percentage provision during a Contract Period, Industry agrees to pay a deficit charge to Carrier. This charge will be computed by multiplying the tonnage shortfall times one-fourth of the applicable rate (as set forth in Section 3.E. above) in effect on the last day of the applicable Contract Period. Industry shall pay this amount to Carrier within sixty (60) days after the end of the applicable Contract Period.
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Related to Minimum Percentage

  • Maximum Percentage A holder of a Warrant may notify the Company in writing in the event it elects to be subject to the provisions contained in this subsection 3.3.5; however, no holder of a Warrant shall be subject to this subsection 3.3.5 unless he, she or it makes such election. If the election is made by a holder, the Warrant Agent shall not effect the exercise of the holder’s Warrant, and such holder shall not have the right to exercise such Warrant, to the extent that after giving effect to such exercise, such person (together with such person’s affiliates), to the Warrant Agent’s actual knowledge, would beneficially own in excess of 9.8% (the “Maximum Percentage”) of the Ordinary Shares outstanding immediately after giving effect to such exercise. For purposes of the foregoing sentence, the aggregate number of Ordinary Shares beneficially owned by such person and its affiliates shall include the number of Ordinary Shares issuable upon exercise of the Warrant with respect to which the determination of such sentence is being made, but shall exclude Ordinary Shares that would be issuable upon (x) exercise of the remaining, unexercised portion of the Warrant beneficially owned by such person and its affiliates and (y) exercise or conversion of the unexercised or unconverted portion of any other securities of the Company beneficially owned by such person and its affiliates (including, without limitation, any convertible notes or convertible preferred shares or warrants) subject to a limitation on conversion or exercise analogous to the limitation contained herein. Except as set forth in the preceding sentence, for purposes of this paragraph, beneficial ownership shall be calculated in accordance with Section 13(d) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”). For purposes of the Warrant, in determining the number of outstanding Ordinary Shares, the holder may rely on the number of outstanding Ordinary Shares as reflected in (1) the Company’s most recent Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other public filing with the Commission as the case may be, (2) a more recent public announcement by the Company or (3) any other notice by the Company or Continental Stock Transfer & Trust Company, as transfer agent (in such capacity, the “Transfer Agent”), setting forth the number of Ordinary Shares outstanding. For any reason at any time, upon the written request of the holder of the Warrant, the Company shall, within two (2) Business Days, confirm orally and in writing to such holder the number of Ordinary Shares then outstanding. In any case, the number of issued and outstanding Ordinary Shares shall be determined after giving effect to the conversion or exercise of equity securities of the Company by the holder and its affiliates since the date as of which such number of issued and outstanding Ordinary Shares was reported. By written notice to the Company, the holder of a Warrant may from time to time increase or decrease the Maximum Percentage applicable to such holder to any other percentage specified in such notice; provided, however, that any such increase shall not be effective until the sixty-first (61st) day after such notice is delivered to the Company.

  • Ownership Limitation; Commitment Amount At the request of the Company, the Investor will inform the Company in writing of the number of Common Shares the Investor currently beneficially owns. At the request of the Investor, the Company shall promptly confirm orally or in writing to the Investor the number of Common Shares then outstanding. Notwithstanding anything to the contrary contained in this Agreement, the Investor shall not be obligated to purchase or acquire, and shall not purchase or acquire, any Common Shares under this Agreement which, when aggregated with all other Common Shares beneficially owned by the Investor and its affiliates (as calculated pursuant to Section 13(d) of the Exchange Act and Rule 13d-3 promulgated thereunder), would result in the beneficial ownership by the Investor and its affiliates (on an aggregated basis) to exceed 4.99% of the then outstanding voting power or number of Common Shares (the “Ownership Limitation”). In connection with each Advance Notice, any portion of an Advance that would (i) cause the Investor to exceed the Ownership Limitation or (ii) cause the aggregate number of Shares issued and sold to the Investor hereunder to exceed the Commitment Amount shall automatically be withdrawn with no further action required by the Company, and such Advance Notice shall be deemed automatically modified to reduce the Advance by an amount equal to such withdrawn portion; provided that in the event of any such automatic withdrawal and automatic modification, the Investor will promptly notify the Company of such event.

  • Foreign Capital Ownership Limitation Hunting business in Hunting Parks and Hunting Blocks (maximum foreign capital ownership 49%) (ISIC 0150) Raising wild animals (ISIC 0150)

  • Ownership Limitation Notwithstanding anything to the contrary contained in this Note or the other Transaction Documents, if at any time Lender shall or would be issued shares of Common Stock under any of the Transaction Documents, but such issuance would cause Lender (together with its affiliates) to beneficially own a number of shares exceeding 4.99% of the number of shares of Common Stock outstanding on such date (including for such purpose the shares of Common Stock issuable upon such issuance) (the “Maximum Percentage”), then Borrower must not issue to Lender shares of Common Stock which would exceed the Maximum Percentage. For purposes of this section, beneficial ownership of Common Stock will be determined pursuant to Section 13(d) of the 1934 Act. The shares of Common Stock issuable to Lender that would cause the Maximum Percentage to be exceeded are referred to herein as the “Ownership Limitation Shares”. Borrower will reserve the Ownership Limitation Shares for the exclusive benefit of Lender. From time to time, Lender may notify Borrower in writing of the number of the Ownership Limitation Shares that may be issued to Lender without causing Lender to exceed the Maximum Percentage. Upon receipt of such notice, Borrower shall be unconditionally obligated to immediately issue such designated shares to Lender, with a corresponding reduction in the number of the Ownership Limitation Shares. Notwithstanding the forgoing, the term “4.99%” above shall be replaced with “9.99%” at such time as the Market Capitalization is less than $10,000,000.00. Notwithstanding any other provision contained herein, if the term “4.99%” is replaced with “9.99%” pursuant to the preceding sentence, such increase to “9.99%” shall remain at 9.99% until increased, decreased or waived by Lender as set forth below. By written notice to Borrower, Lender may increase, decrease or waive the Maximum Percentage as to itself but any such waiver will not be effective until the 61st day after delivery thereof. The foregoing 61-day notice requirement is enforceable, unconditional and non-waivable and shall apply to all affiliates and assigns of Lender.

  • Beneficial Ownership Limitation The Company shall not effect any exercise of this Warrant, and a Holder shall not have the right to exercise any portion of this Warrant, to the extent that, after giving effect to the exercise set forth on the applicable Notice of Exercise, such Holder (together with such Holder’s Affiliates, and any Persons acting as a group together with such Holder or any of such Holder’s Affiliates) would beneficially own in excess of the Beneficial Ownership Limitation. For purposes of this Section 2(f), beneficial ownership shall be calculated in accordance with Section 13(d) of the Exchange Act and the rules and regulations promulgated thereunder (except that a person or group shall be deemed to have beneficial ownership of shares of Voting Stock that such person or group has the right to acquire regardless of when such right is first exercisable), it being acknowledged by such Holder that the Holder does not have the right to acquire Warrant Shares in excess of the Beneficial Ownership Limitation. To ensure compliance with this restriction, each Holder will be deemed to represent to the Company each time it delivers a Notice of Exercise that such Notice of Exercise has not violated the restrictions set forth in this section. For purposes of this Section 2(f), in determining the number of outstanding shares of Voting Stock, a Holder may rely on the number of outstanding shares of Voting Stock as stated in the most recent of the following: (i) the Company’s most recent periodic or annual report filed with the Commission, as the case may be, (ii) a more recent public announcement by the Company or (iii) a more recent written notice by the Company or the Company’s Transfer Agent setting forth the number of shares of Voting Stock outstanding. Upon the written or oral request of a Holder, the Company shall promptly confirm orally and in writing to such Holder the number of votes represented by the Voting Stock then outstanding. In any case, the total voting power of the outstanding shares of Voting Stock shall be determined after giving effect to the conversion or exercise of securities of the Company, including the Warrant, by such Holder or its Affiliates since the date as of which such number of outstanding shares of Voting Stock was reported. The “Beneficial Ownership Limitation” shall be 34.0% of the total number of votes represented by the Voting Stock outstanding immediately after giving effect to the issuance of Warrant Shares otherwise issuable pursuant to the applicable Notice of Exercise. The provisions of this section shall be construed and implemented in a manner otherwise than in strict conformity with the terms of this Section 2(f) to correct this section (or any portion hereof) which may be defective or inconsistent with the intended Beneficial Ownership Limitation contained herein or to make changes or supplements necessary or desirable to properly give effect to such limitation.