Material Variance definition

Material Variance shall have the meaning specified in Section 3.5 of this Agreement.

AI-Powered Contracts

Draft, Review & Redline at the Speed of AI

Material Variance is defined in Section 7.1 of the Company LLC Agreement.

Material Variance means a difference of 10% or more in the adjusted EBITDA of the Group as set out in the Reconciliation Statement;

Examples of Material Variance in a sentence

Any party receiving such notice shall have 3 business days to cure the Material Variance.
Any variances from an Approved Budget in excess of Material Variance shall require the approval of Members using the vote described in this Section 7.1 and, if so approved, each such variance shall be added to the Approved Budget, which, as so amended, shall thereafter be the Approved Budget for the year.
Any variance included in the Post Closing Adjustment or in the calculation of a Material Variance must be the result of a quantifiable difference that arises not primarily as a result of differences in accounting methodologies: Seller's normal and customary practices versus Buyer's GAAP based accounting analysis.
Anything contained herein to the contrary notwithstanding, no claim shall be made by Acquiror under this Article XI until the aggregate of any such damages exceeds $100,000; provided, however, if the aggregate of such damage exceeds $100,000, the Stockholders shall be liable for all such damages, not just the excess over $100,000; provided, however, that this limitation shall not apply to any claims under Sections 11.4(e) or 11.4(f) or with respect to a Material Variance or Tax Liability.
In the event of CRC’s failure to make any Delay Fee payments or quarterly per vial payments (including any Material Variance payments owed by CRC based on an audit under Section H of this Settlement Agreement) owed by CRC to Repligen within 5 business days after the required payment date, Repligen shall provide written notice to CRC following such failure.

More Definitions of Material Variance

Material Variance means a determination by PMI that the risk factors identified in the actual Loan file for a specific Loan and the layering of these risk factors are materially different than the risk factors for that Loan identified in the Set-up file such that had the actual risk factors been identified in the Set-up File, the Loan would not have been an Eligible Loan, or the premium rate would have been more than 5% higher than the premium rate assigned to the Loan in the Certificate Schedule.

Material Variance shall have the meaning assigned thereto in Section 7.1(b). “New Contracts” shall have the meaning assigned thereto in Section 3.3(b). “New Lease” shall have the meaning assigned thereto in Section 11.6.

Material Variance means a variation of more than five percent (5%), calculated on a monthly basis, with respect to the financial forecasts set forth on Exhibit F.

Material Variance means a variance in excess of $40,000 with respect to the amount that the Reviewed Balance Sheet varies from the Adjusted Proforma Balance Sheet. Any variance included in the Post Closing Adjustment or in the calculation of a Material Variance must be the result of a quantifiable difference that arises not primarily as a result of differences in accounting methodologies: Seller's normal and customary practices versus Buyer's GAAP based accounting analysis. If there is a Material Variance, then Buyer shall be compensated by the Seller for the negative difference that is in excess of the Material Variance and Seller shall be compensated by Buyer for the positive difference that is in excess of the Material Variance. This difference that is in excess of the Material Variance that shall be set forth on the Adjustment Certificate together with all information necessary to support this determination.

Material Variance shall have the meaning set forth in Section 8.01(b)(3)(C)(ii) of this Agreement. Credit Agreement

Material Variance means, with respect to any rolling two year period, a negative variance of more than 5% per annum of the annual rate of return of the Accounts measured against the Risk Management Benchmark for that same period. The parties agree that (a) for purposes of calculating the annual rate of return for the one year period ending as of the calendar quarter ending immediately prior to the Closing, such annual rate of return shall be deemed to equal the Risk Management Benchmark for such period, (b) for the purposes of determining the annual rate of return for the Accounts and the Risk Management Benchmark, the annual rate of return and Risk Management Benchmark shall not include any portion thereof attributable to (i) Excluded Assets, (ii) any portion of an Account comprised of limited partnerships or (iii) any action taken or not taken as a result of instructions by, or restrictions and practices of, the Client; provided, that, for the purpose of this sub-paragraph (iii), the rate of return applicable to the class of asset to which any such instruction, restriction or practice applies shall be deemed to equal the Risk Management Benchmark for the duration of such exclusion.

Material Variance has the meaning ascribed to such term in Section 4.03 of this Agreement.

Filter & Search

Related Definitions