Reallocation of Capacity Sample Clauses

The Reallocation of Capacity clause defines the process by which unused or excess capacity—such as production, service, or delivery capabilities—can be reassigned from one party or project to another within the scope of an agreement. Typically, this clause outlines the conditions under which capacity may be reallocated, the notification procedures required, and any limitations or priorities that must be observed. Its core practical function is to ensure that resources are utilized efficiently and flexibly, minimizing waste and adapting to changing needs or demands during the contract term.
Reallocation of Capacity. In the event that Viking notifies Corden in writing that Viking requires amounts of Product above the Binding Forecast plus Upside and above what Corden can supply using available capacity not contractually committed to other customers within the time frame required by Viking (and for avoidance of any doubt without limiting Corden’s obligations to use best efforts to timely Manufacture and supply amounts of Product above Binding Forecast plus Upside as set forth under Section 2.1), then in addition to and not in lieu or limitation of its other obligations under this Agreement Corden shall use commercially reasonable efforts to obtain additional Manufacturing capacity for the Manufacture and supply of Product for Viking (or Authorized Purchasers as may be required by Viking) by soliciting capacity contractually committed to other customers and using commercially reasonable efforts to agree with such customers to reallocate such capacity to meet Viking’s additional requirements for Product. In the event that Viking notifies Corden in writing that Viking shall, for a particular period within the Binding Forecast, require less Product than is set forth in the Binding Forecast (and without limitation of any of Corden’s other obligations to mitigate any losses under this Agreement or under Applicable Laws), Corden shall use commercially reasonable efforts to mitigate by offering any such excess Manufacturing capacity to other customers solely for such period. In each of the foregoing cases, in advance of Corden either soliciting capacity from other customers or offering capacity to other customers, the Parties will discuss the terms of such solicitations and offers that may be made by Corden. If not prohibited by Corden’s agreements with any customer (and to the extent that Corden cannot reasonably waive or obtain a waiver of such prohibition), Viking shall have the option to discuss and agree to terms for reallocating capacity directly with each such other customer, and if requested by Viking and otherwise subject to the Parties’ obligations of confidentiality as set forth herein, Viking may participate in Corden’s discussions with other customers pursuant to this Section 2.3.12.
View SourceView Similar (2)
Reallocation of Capacity. Stroh may elect to close one or more of ▇▇▇ Breweries and thereafter satisfy its obligations under paragraph (a), above, by * .
View Source
Reallocation of Capacity. Without prejudice to any other provision of the Franchise Agreement, the Franchisee may propose to the Authority as part of the process for finalising any Train Plan under Schedule 1.1 (Service Development) of the Franchise Agreement alterations to the allocation of capacity pursuant to this Schedule 2 Part 1. Any such proposal will be accompanied by an explanation of why the Franchisee believes that its proposal would optimise the allocation of capacity to meet demand together with details of the steps needed to be taken to implement the proposal and the anticipated effects on costs and revenue.
View Source

Related to Reallocation of Capacity

  • Transfer of Capital Accounts The original Capital Account established for each substituted Member shall be in the same amount as the Capital Account of the Member (or portion thereof) to which such substituted Member succeeds, at the time such substituted Member is admitted to the Company. The Capital Account of any Member whose interest in the Company shall be increased or decreased by means of the transfer of Shares. Any reference in this Agreement to a Capital Contribution of or distribution to a Member that has succeeded any other Member shall include any Capital Contributions or distributions previously made by or to the former Member on account of its Shares.

  • Permitted Withdrawals and Transfers from the Master Servicer Collection Account (a) The Master Servicer will, from time to time on demand of a Servicer or the Securities Administrator, make or cause to be made such withdrawals or transfers from the Master Servicer Collection Account as the Master Servicer has designated for such transfer or withdrawal pursuant to this Agreement and the related Servicing Agreement. The Master Servicer may clear and terminate the Master Servicer Collection Account pursuant to Section 10.01 and remove amounts from time to time deposited in error. (b) On an ongoing basis, the Master Servicer shall withdraw from the Master Servicer Collection Account (i) any expenses recoverable by the Trustee, the Master Servicer or the Securities Administrator or the Custodian pursuant to Sections 3.03, 7.04 and 9.05 and (ii) any amounts payable to the Master Servicer as set forth in Section 3.14. (c) In addition, on or before each Distribution Account Deposit Date, the Master Servicer shall deposit in the Distribution Account (or remit to the Trustee for deposit therein) any Monthly Advances required to be made by the Master Servicer with respect to the Mortgage Loans. (d) No later than 3:00 p.m. New York time on each Distribution Account Deposit Date, the Master Servicer will transfer all Available Funds on deposit in the Master Servicer Collection Account with respect to the related Distribution Date to the Trustee for deposit in the Distribution Account.

  • Maintenance of Capital Accounts There shall be established for each Partner on the books of the Partnership as of the date such Partner becomes a Partner a capital account (each being a “Capital Account”). Each Capital Contribution by any Partner, if any, shall be credited to the Capital Account of such Partner on the date such Capital Contribution is made to the Partnership. In addition, each Partner’s Capital Account shall be (a) credited with (i) such Partner’s allocable share of Net Income of the Partnership and any item of income or gain (including unrealized gain to the extent allowable) that is specially allocated for Section 704(b) book purposes to such Partner pursuant to Section 5.4(e) or Section 6.2(b), and (ii) the amount of any Partnership liabilities that are assumed by the Partner or secured by any Partnership property distributed to the Partner, (b) debited with (i) the amount of distributions (and deemed distributions) to such Partner of cash or the fair market value of other property so distributed, (ii) such Partner’s allocable share of Net Loss of the Partnership and any item of deduction or loss (including unrealized loss to the extent allowable) that is specially allocated for Section 704(b) book purposes to such Partner pursuant to Section 6.2(b), and (iii) the amount of any liabilities of the Partner assumed by the Partnership or which are secured by any property contributed by the Partner to the Partnership and (c) otherwise maintained in accordance with the provisions of the Code and the United States Treasury Regulations promulgated thereunder. Any other item which is required to be reflected in a Partner’s Capital Account under Section 704(b) of the Code and the United States Treasury Regulations promulgated thereunder or otherwise under this Agreement shall be so reflected. The General Partner shall make such adjustments to Capital Accounts as it determines in its sole discretion to be appropriate to ensure allocations are made in accordance with a Partner’s interest in the Partnership. Interest shall not be payable on Capital Account balances. Notwithstanding anything to the contrary contained in this Agreement, the General Partner shall maintain the Capital Accounts of the Partners in accordance with the principles and requirements set forth in Section 704(b) of the Code and the United States Treasury Regulations promulgated thereunder, provided, however, for purposes of this Agreement, (i) each holder of a series of Class B Common Units that is also a holder of regular Common Units, another series of Class B Common and/or a series of Class C Common Units and (ii) each holder of a series of Class C Common Units that is also a holder of regular Common Units, another series of Class C Common Units and/or a series of Class B Common Units shall, in each case under clause (i) or clause (ii), be deemed to have a separate Capital Account for each series of Class B Common Units, for each series of Class C Common Units and for the regular Common Units held by such holder. The Capital Account balance of a Partner with respect to each Preferred Unit held by such Partner shall equal the Liquidation Preference per Preferred Unit as of the date such Preferred Unit is initially issued and shall be increased as set forth in Article XVI.

  • Permitted Withdrawals from the Collection Account The Servicer may, from time to time, withdraw funds from the Collection Account for the following purposes: (i) to reimburse itself for Advances made pursuant to Section 6.03 (including amounts to reimburse the related Sub-Servicer for advances made pursuant to the applicable Sub-Servicing Agreement), the Servicer's and the Sub-Servicer's right to receive reimbursement pursuant to this subclause (i) being limited to amounts received on particular Mortgage Loans which represent Late Collections (net of the Servicing Fees) with respect to those particular Mortgage Loans; (ii) to pay itself the Servicing Fee; (iii) to reimburse itself for unreimbursed Servicing Advances, or to pay the related Sub-Servicer any unreimbursed Servicing Advances, the Servicer's right to receive reimbursement or make payments to the Sub-Servicer pursuant to this subclause (iii) with respect to any Mortgage Loan being limited to related Liquidation Proceeds, Insurance Proceeds, and condemnation awards; (iv) to reimburse itself (or the related Sub-Servicer) or the Depositor for expenses incurred by and recoverable by or reimbursable to it pursuant to Section 5.01 or 5.16; (v) to reimburse itself (or the related Sub-Servicer) for any Nonrecoverable Advances; (vi) to pay to itself (or the related Sub-Servicer) income earned on the investment of funds deposited in the Collection Account; (vii) to make deposits into the Certificate Account in the amounts and in the manner provided for herein; (viii) to make payments to itself or others pursuant to any provision of this Agreement, and to clear and terminate the Collection Account upon the termination of this Agreement; and (ix) to withdraw amounts deposited in error.

  • Withdrawal of Capital No Member may withdraw all or any part of its Capital Contribution except with the unanimous consent of the mangers or as provided in Article III (regarding distributions generally) or Article VIII (regarding dissolution of the Company).