Purchase Shortfalls Sample Clauses

Purchase Shortfalls. If Conergy purchases fewer ▇▇▇▇▇ than the lesser of (i) the Yearly Minimum Quantity, as calculated in accordance with Section 2.2(a) or (ii) the amount of ▇▇▇▇▇ tendered for delivery by MEMC during any Contract Year, Conergy shall pay to MEMC via wire transfer of immediately available funds, within ten (10) days after being invoiced therefor, the difference between (A) the amount that would have been payable by Conergy during such Contract Year if Conergy had purchased the lesser of (i) the Yearly Minimum Quantity as calculated in accordance with Section 2.2(a) or (ii) the amount of ▇▇▇▇▇ tendered for delivery by MEMC during the entire Contract Year, and (B) the amount payable by Conergy during such Contract Year for the actual volume of ▇▇▇▇▇ purchased by Conergy from MEMC based on the applicable price listed on Attachment B hereto (such calculated amount, the “Purchase Shortfall”). The Purchase Shortfall shall accrue interest at the rate of one and one-half percent (1.5%) per month from the date of the invoice therefor, unless prohibited by Law.
View SourceView Similar (3)
Purchase Shortfalls. Because Tainergy did not purchase (i) the Yearly Minimum Quantity for Contract Year 1, there was a Purchase Shortfall of [******] for Contract Year 1 (the “Contract Year 1 Purchase Quantity Shortfall”), (ii) the Yearly Minimum Quantity for Contract Year 2, there was a Purchase Shortfall of [******]for Contract Year 2 (the “Contract Year 2 Purchase Quantity Shortfall”), (iii) the Yearly Minimum Quantity for Contract Year 3, there was a Purchase Shortfall of [******] for Contract Year 3 (the “Contract Year 3 Purchase Quantity Shortfall”) and (iv) the Yearly Minimum Quantity for Contract Year 4, there was a Purchase Shortfall of [******] for Contract Year 4 (the “Contract Year 4 Purchase Quantity Shortfall”).With this First Amendment, the Parties agree that Tainergy shall settle the Contract Year 1 Purchase Shortfall, the Contract Year 2 Purchase Shortfall, the Contract Year 3 Purchase Shortfall and the Contract Year 4 Purchase Shortfall, in accordance with the provisions of Section 1.5 hereof.
View SourceView Similar (2)
Purchase Shortfalls. If Suntech purchases fewer ▇▇▇▇▇ than the lesser of (i) the Yearly Minimum Quantity, as calculated in accordance with Section 2.2(a) or (ii) the amount of ▇▇▇▇▇ tendered for delivery by MEMC during any Contract Year, Suntech shall pay to MEMC via wire transfer of immediately available funds, within ten (10) days after being invoiced therefor, the difference between (A) the amount that would have been payable by Suntech during such Contract Year if Suntech had purchased the lesser of (i) the Yearly Minimum Quantity as calculated in accordance with Section 2.2(a) or (ii) the amount of ▇▇▇▇▇ tendered for delivery by MEMC during the entire Contract Year, and (B) the amount payable by Suntech during such Contract Year for the actual volume of ▇▇▇▇▇ purchased by Suntech from MEMC based on the applicable price listed on Attachment B hereto (such calculated amount, the “Purchase Shortfall”). The Purchase Shortfall shall accrue interest at the rate of one-half percent (0.5%) per month from the date of the invoice therefor, unless prohibited by Law.
View SourceView Similar (2)
Purchase Shortfalls. If Gintech purchases fewer ▇▇▇▇▇ than the lesser of (i) the Yearly Minimum Quantity, as calculated in accordance with Section 2.2(a) or (ii) the amount of ▇▇▇▇▇ tendered for delivery by MEMC during any Contract Year, Gintech shall pay to MEMC via wire transfer of immediately available funds, within ten (10) days after being invoiced therefor, the difference between (A) the amount that would have been payable by Gintech during such Contract Year if Gintech had purchased the lesser of (i) the Yearly Minimum Quantity as calculated in accordance with Section 2.2(a) or (ii) the amount of ▇▇▇▇▇ tendered for delivery by MEMC during the entire Contract Year, and (B) the amount payable by Gintech during such Contract Year for the actual volume of ▇▇▇▇▇ purchased by Gintech from MEMC based on the applicable price listed on Attachment B hereto (such calculated amount, the “Purchase Shortfall”). The Purchase Shortfall shall accrue interest at the rate of one and one-half percent (1.5%) per month from the date of the invoice therefor, unless prohibited by Law.
View Source
Purchase Shortfalls. If the Buyer purchases fewer wafers than the lesser of (i) the Quarter Quantity or (ii) the number of wafers tendered, in accordance with the terms of this Agreement, for delivery by the Seller during a Quarter of such Contract Year, the Seller shall be entitled to enforce the Letter of Credit and/or make a claim for the difference between (A) the amount that would have been payable by the Buyer during a Quarter of such Contract Year and (B) the amount payable by the Buyer during such relevant Quarter for the actual volume of wafers purchased by the Buyer from the Seller based on the applicable price listed in Schedule B hereto (such calculated amount, the “Purchase Shortfall”). The Purchase Shortfall shall accrue interest at the rate of ***, unless prohibited by Law. In the event that the Buyer fails to pay the amount of the Purchase Shortfall in full within *** after the date of invoice, the Seller shall be entitled to: (i) terminate this Agreement, (ii) enforce the Letter of Credit, and/or (iii) make a claim for all Losses arising therefrom. In addition, if the Buyer fails to pay the amount of the Purchase Shortfall in full within *** after the date of invoice and that the Seller has already produced all or part of the Products within the Quarter Quantity for the Buyer, the Seller may freely sell such Products to third parties at such terms it considers to be reasonable, and if the sale price is lower than the price set hereunder, the Buyer shall be liable for the difference immediately.
View Source

Related to Purchase Shortfalls

  • Collateral Shortfalls In the event that amounts on deposit in the Collateral Fund at any time are insufficient to cover any withdrawals therefrom that the Company is then entitled to make hereunder, the Purchaser shall be obligated to pay such amounts to the Company immediately upon demand. Such obligation shall constitute a general corporate obligation of the Purchaser. The failure to pay such amounts within two Business Days of such demand (except for amounts to cover interest on a Mortgage Loan pursuant to Sections 2.02(d) and 2.03 (b)), shall cause an immediate termination of the Purchaser's right to make any Election to Delay Foreclosure or Election to Foreclose and the Company's obligations under this Agreement with respect to all Mortgage Loans to which such insufficiencies relate, without the necessity of any further notice or demand on the part of the Company.

  • Shortfalls (i) If the amounts described in Section 2.3 are insufficient to pay the Class A Monthly Interest on any Distribution Date, payments of interest to the Class A Noteholders will be reduced on a pro rata basis by the amount of such deficiency. The aggregate amount, if any, of such deficiency on any Distribution Date, together with the aggregate unpaid amount of any such deficiencies with respect to all prior Distribution Dates, shall be referred to as the “Class A Shortfall”. Interest shall accrue on the Class A Shortfall at the Class A Note Rate.

  • Principal Payment The Borrower shall fail to pay any principal of any Note when the same becomes due and payable as set forth in this Agreement;

  • Allocation of Certain Interest Shortfalls For purposes of calculating the amount of Accrued Certificate Interest and the amount of the Interest Distribution Amount for the Class A Certificates, the Mezzanine Certificates and the Class CE Certificates for any Distribution Date, (1) the aggregate amount of any Prepayment Interest Shortfalls (to the extent not covered by payments by the Servicer pursuant to Section 3.24) and any Relief Act Interest Shortfall incurred in respect of the Mortgage Loans for any Distribution Date shall be allocated first, to the Class CE Certificates based on, and to the extent of, one month's interest at the then applicable Pass-Through Rate on the Notional Amount of the Class CE Certificates and, thereafter, among the Class A Certificates and the Mezzanine Certificates on a pro rata basis based on, and to the extent of, one month's interest at the then applicable respective Pass-Through Rate on the respective Certificate Principal Balance of each such Certificate and (2) the aggregate amount of any Realized Losses incurred for any Distribution Date shall be allocated to the Class CE Certificates based on, and to the extent of, one month's interest at the then applicable Pass-Through Rate on the Notional Amount of the Class CE Certificates. For purposes of calculating the amount of Uncertificated Interest for the REMIC I Regular Interests for any Distribution Date, the aggregate amount of any Prepayment Interest Shortfalls (to the extent not covered by payments by the Servicer pursuant to Section 3.24) and any Relief Act Interest Shortfalls incurred in respect of the Mortgage Loans for any Distribution Date shall be allocated among REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTA1, REMIC I Regular Interest I-LTA2, REMIC I Regular Interest I-LTA3, REMIC I Regular Interest I-LTA4, REMIC I Regular Interest I-LTM1, REMIC I Regular Interest I-LTM2, REMIC I Regular Interest I-LTM3, REMIC I Regular Interest I-LTM4, REMIC I Regular Interest I-LTM5, REMIC I Regular Interest I-LTM6, REMIC I Regular Interest I-LTM7, REMIC I Regular Interest I-LTM8, REMIC I Regular Interest I-LTM9, REMIC I Regular Interest I-LTM10 and REMIC I Regular Interest I-LTZZ pro rata based on, and to the extent of, one month's interest at the then applicable respective Pass-Through Rate on the respective Uncertificated Balance of each such REMIC I Regular Interest.

  • Principal Payments Originator is authorized and directed by SPV to enter on the grid attached hereto, or, at its option, in its books and records, the date and amount of each loan made by it which is evidenced by this Subordinated Note and the amount of each payment of principal made by SPV, and absent manifest error, such entries shall constitute prima facie evidence of the accuracy of the information so entered; provided that neither the failure of Originator to make any such entry or any error therein shall expand, limit or affect the obligations of SPV hereunder.