Surplus Credit Sample Clauses

The Surplus Credit clause defines how any excess funds or credits, remaining after obligations have been met, are handled between the parties. Typically, this clause specifies the process for calculating surplus amounts and outlines whether such credits are refunded, retained, or applied to future transactions. Its core function is to ensure transparency and fairness in the distribution or application of surplus resources, thereby preventing disputes over leftover balances.
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Surplus Credit. If there is a Surplus for a Product in a Year, then Patheon will be entitled to apply the amount of the Surplus as a credit against any Shortfall for that Product which may occur in the next Year. If there is no Shortfall in the next Year the Surplus credit will expire. Each credit under this Section 2.2 will be summarized on the reconciliation report prepared in the form set forth in Exhibit D. Upon expiration or termination of a Product Agreement, any remaining Shortfall credit amount owing under this Section 2.2 will be paid to Client.
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Surplus Credit. If there is a Surplus for a Product in a Year, then Patheon will be entitled to apply the amount of the Surplus as a credit against any Shortfall for that Product which may occur in the next Year. If there is no Shortfall in the next Year the Surplus credit will expire. Each credit under this Section 2.2 will be summarized on the reconciliation report prepared in the form set forth in Exhibit C. Upon expiration or termination of a Product Agreement, any remaining Shortfall credit amount owing under this Section 2.2 will be paid to Client, it being understood that the amount of the Shortfall credit for the Year during which the Product Agreement expires or terminates shall be calculated pro-rata based on the portion of the Year occurring prior to such expiration or termination.
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Surplus Credit. If there is a Surplus for a Product in a Year, then Patheon will be entitled to apply the amount of the Surplus as a credit against any Shortfall for that Product which may occur in the next Year. If there is no Shortfall in the next Year the Surplus credit will expire. Each credit under this paragraph will be summarized in an annual reconciliation report. Upon expiration or termination of a Product Agreement, any remaining Shortfall credit amount owing under this paragraph will be paid to Client. A Shortfall caused by rejected Deficient Product (including in the case of Recall) will only result in a Shortfall Credit to the extent the affected Product is unsold and returned, destroyed or otherwise disposed of by Client in accordance with the terms of this Agreement. Any payable reimbursement (within the maximum liability limits) for lost API will be made at the API Credit Value.
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Surplus Credit. 13.1 If any Surplus Credit exists at the completion of the Development and the Developer is not in breach of this Deed, the Developer may notify the Council in writing that: 13.1.1 it wishes to apply the Surplus Credit towards the satisfaction of an obligation of the Developer (or its nominee) to make monetary Development Contributions in respect of development on land elsewhere in the Schofields Precinct other than the Development, or 13.1.2 it wishes to apply the Surplus Credit towards the satisfaction of an obligation of the Developer (or its nominee) to make monetary Development Contributions in respect of development on land in the Council’s local government area other than the Schofields Precinct, or 13.1.3 it requires the Council to pay the Surplus Credit to it. 13.2 A Surplus Credit may be applied towards satisfaction of an obligation of the Developer’s nominee: 13.2.1 in respect of an application under clause 13.1.1, where the Developer has, at no cost to the Council, first procured the execution of the Assignment Deed by the person to whom the Surplus Credit is to be assigned (Assignee) and once executed by the Assignee, Council must do all things reasonably necessary to execute the Assignment Deed on the request of the Developer without unreasonable delay to signify its consent which cannot be unreasonably withheld; and 13.2.2 in respect of an application under clause 13.1.2, the Developer has, at no cost to the Council, first: (a) obtained the Council’s written agreement to the assignment of the Surplus Credit, such agreement which can be withheld or provided subject to conditions in the Council’s absolute discretion but must not be unreasonably delayed, and (b) procured the execution of the Assignment Deed by the person to whom the Surplus Credit is to be assigned.. 13.3 The dispute resolution clauses of this Deed do not apply to any refusal by the Council to agree to an assignment under clause 13.2.2 or any conditions or terms required by the Council in respect of an assignment under that clause. 13.4 Subject to clause 13.5, the Council is to pay the Surplus Credit to the Developer as soon as practicable after receipt of the notice referred to in clause 13.1.3. 13.5 The Council is only required to pay the Surplus Credit to the Developer under clause 13.1.3 to the extent of: 13.5.1 any available monies held by it at the time of receiving the notice referred to in clause 13.1.1 in an account under the Contributions Plan or Future Contributions ...
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Surplus Credit. The Ledge Rock Center Commercial Irrigation Water Bank contains the following surplus water credit:
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Surplus Credit. The remaining raw water credit available to l-25 Gateway Center, LLC is shown in the Gateway Subdivision - Water Bank Allocation Worksheet (March , 2024) attached as Exhibit I and incorporated herein by reference.
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Surplus Credit. If there is a Surplus for a Product in a Year, then Patheon will be entitled to apply the amount of the Surplus as a credit against any Shortfall for that Product which may occur in the next Year. If there is no Shortfall in the next Year the Surplus credit will expire. Month DD, 20YY API Yield Calculation Definitions:
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Surplus Credit. If the actual cost of operating WVCC is found to be less than the total subscriber fees paid by each subscriber (including an amount equal to the premium Provider would have paid as a subscriber), after the accounts of WVCC’s operation are closed and audited following any fiscal year, the surplus shall be applied to reduce the current year’s fees of all subscribers who were also subscribers during the year in which the surplus was generated, by the proportion each such subscriber’s fee contributed to the total fees collected from all such subscribers during the year for which the surplus was generated.
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Related to Surplus Credit

  • Letter of Credit Payments If any draft shall be presented for payment under any Letter of Credit, the Issuing Lender shall promptly notify the Borrower of the date and amount thereof. The responsibility of the Issuing Lender to the Borrower in connection with any draft presented for payment under any Letter of Credit shall, in addition to any payment obligation expressly provided for in such Letter of Credit, be limited to determining that the documents (including each draft) delivered under such Letter of Credit in connection with such presentment are substantially in conformity with such Letter of Credit.

  • Deposit Account Payments Subsection (b) is amended to read as follows:

  • Cash Collateral Account Notwithstanding anything to the contrary contained herein, no notice given or declaration made by the Administrative Agent pursuant to this Article VI shall affect (i) the obligation of any LC Issuing Bank to make any payment under any Letter of Credit in accordance with the terms of such Letter of Credit or (ii) the obligations of each Lender in respect of each such Letter of Credit; provided, however, that if an Event of Default has occurred and is continuing, the Administrative Agent shall at the request, or may with the consent, of the Majority Lenders, upon notice to the Borrower, require the Borrower to deposit with the Administrative Agent an amount in the cash collateral account (the “Cash Collateral Account”) described below equal to the LC Outstandings on such date. Such Cash Collateral Account shall at all times be free and clear of all rights or claims of third parties. The Cash Collateral Account shall be maintained with the Administrative Agent in the name of, and under the sole dominion and control of, the Administrative Agent, and amounts deposited in the Cash Collateral Account shall bear interest at a rate equal to the rate generally offered by Citibank for deposits equal to the amount deposited by the Borrower in the Cash Collateral Account, for a term to be determined by the Administrative Agent, in its sole discretion. The Borrower hereby grants to the Administrative Agent for the benefit of the LC Issuing Banks and the Lenders a Lien in and hereby assigns to the Administrative Agent for the benefit of LC Issuing Banks and the Lenders all of its right, title and interest in, the Cash Collateral Account and all funds from time to time on deposit therein to secure its reimbursement obligations in respect of Letters of Credit. If any drawings then outstanding or thereafter made are not reimbursed in full immediately upon demand or, in the case of subsequent drawings, upon being made, then, in any such event, the Administrative Agent may apply the amounts then on deposit in the Cash Collateral Account, toward the payment in full of any of the LC Outstandings as and when such obligations shall become due and payable. Upon payment in full, after the termination of the Letters of Credit, of all such obligations, the Administrative Agent will repay and reassign to the Borrower any cash then in the Cash Collateral Account and the Lien of the Administrative Agent on the Cash Collateral Account and the funds therein shall automatically terminate.

  • Cash Collateral Accounts Maintain, and cause each of the other Loan Parties to maintain, all Cash Collateral Accounts with Bank of America or another commercial bank located in the United States, which has accepted the assignment of such accounts to the Administrative Agent for the benefit of the Secured Parties pursuant to the terms of the Security Agreement.

  • Facility LC Collateral Account The Borrower agrees that it will, upon the request of the Agent or the Required Lenders and until the final expiration date of any Facility LC and thereafter as long as any amount is payable to the LC Issuer or the Lenders in respect of any Facility LC, maintain a special collateral account pursuant to arrangements satisfactory to the Agent in its Permitted Discretion (the “Facility LC Collateral Account”) at the Agent’s office at the address specified pursuant to Article XIII, in the name of the Borrower but under the sole dominion and control of the Agent, for the benefit of the Lenders and in which the Borrower shall have no interest other than as set forth in Section 8.1. Nothing in this Section 2.1.2(j) shall either obligate the Agent to require the Borrower to deposit any funds in the Facility LC Collateral Account or limit the right of the Agent to release any funds held in the Facility LC Collateral Account in each case other than as required by Section 8.1. The Borrower hereby pledges, assigns and grants to the Agent, on behalf of and for the ratable benefit of the Lenders and the LC Issuer, a security interest in all of the Borrower’s right, title and interest in and to all funds which may from time to time be on deposit in the Facility LC Collateral Account to secure the prompt and complete payment and performance of the Secured Obligations. The Agent will invest any funds on deposit from time to time in the Facility LC Collateral Account in certificates of deposit of Chase having a maturity not exceeding thirty days.