Long Term Capacity Sample Clauses

Long Term Capacity. If the Customer has agreed to acquire Long Term Capacity:
Sample 1Sample 2Sample 3
AutoNDA by SimpleDocs
Long Term Capacity. This is capacity for a period of three (3) years which is offered by GrainCorp to Customers under a Long Term Port Terminal Services Agreement.
Sample 1Sample 2
Long Term Capacity. The Long Term Capacity sought must be at a minimum of one (1) Port Terminals;
Sample 1Sample 2
Long Term Capacity. If a Customer fails to pay the Long Term Capacity Charge in its entirety and in accordance with the CBH invoice, CBH may elect to terminate the Long Term Agreement and release any Long Term Capacity into the Auction. The Customer will remain liable for the payment of any Long Term Capacity Charge that has not been paid together with any damages in respect of any forfeited Capacity that is not subsequently acquired in the Auction.
Sample 1
Long Term Capacity. ACT II and XXXXXXX agree that if, and only if, the Global Supply Team agrees in good faith, taking into account the forecasts for the Product provided by XXXXXXX in good faith pursuant to the Agreement, that the volumes of the Product so ordered by XXXXXXX will exceed the combined capacity of the first, second and third wet process lines and the existing filling lines at ACT II's Wilmington, Ohio facilities, then XXXXXXX will have the option to establish its own manufacturing facility for the manufacture of the Product by XXXXXXX or any of its Affiliates. If the Global Supply Team so agrees, both parties will discuss in good faith the timing and specific conditions for the establishment of any such additional manufacturing facility with a view to maximizing the chances for an expedient and successful validation of such facility. Among other conditions to be negotiated by the parties in good faith and agreed upon in writing, ACT II will provide, if necessary and at the expense of XXXXXXX, commercially reasonable training and support including the transfer of all necessary data and instructions to achieve such objectives. The parties agree that commercial manufacturing at such facility will not begin unless and until ACT II and XXXXXXX have negotiated in good faith and agreed in writing upon appropriate economic mechanisms to preserve ACT II's net economic benefit under the current agreements between the parties with respect to the Product, including without limitation the Agreement, the Addendum, and the Agreement between the parties dated December 21, 2002, as amended. For the purpose of determining the net economic benefit referred to above, the parties will also consider a reasonable utilization percentage of the first, second and third wet process lines and the existing filling lines at ACT II's Wilmington, Ohio facilities. At the Effective Date of this Amendment, the parties contemplate such reasonable percentage to be * of the capacity thereof, unless the parties agree otherwise when negotiating such economic mechanisms referred to above. The parties furthermore agree that such percentage may vary as a result of *. The terms and conditions of this Section 13 will supersede the terms and conditions of Section 9 of the Agreement between the parties dated December 21, 2002, as amended.
Sample 1

Related to Long Term Capacity

  • Corporate Capacity The Acquirer has the corporate power, capacity and authority to enter into and complete this Agreement;

  • Shareholder Capacity By executing and delivering this -------------------- Agreement, Shareholder makes no agreement or understanding herein in his capacity as a director or officer of the Company or any subsidiary of the Company. Shareholder signs solely in his capacity as the beneficial owner of Shareholder's Shares and nothing herein shall limit or affect any actions taken by Shareholder in his capacity as an officer or director of the Company or any subsidiary of the Company.

  • Fiduciary Capacity If Investor is purchasing the Shares in a fiduciary capacity for another person or entity, including without limitation a corporation, partnership, trust or any other entity, the Investor has been duly authorized and empowered to execute this Agreement and all other subscription documents. Upon request of the Company, Investor will provide true, complete and current copies of all relevant documents creating the Investor, authorizing its investment in the Company and/or evidencing the satisfaction of the foregoing.

  • Stockholder Capacity No Person executing this Agreement who is or becomes during the term hereof a director or officer of the Company shall be deemed to make any agreement or understanding herein in his or her capacity as such director or officer. Stockholder signs solely in his, her or its capacity as the beneficial owner of the Subject Shares and nothing herein shall limit or prohibit Stockholder or any of its Representatives, in his or her capacity as an officer or director of the Company, from taking any action or failing to take any action in such capacity.

  • Individual Capacity The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and its Affiliates as though the Administrative Agent were not an Agent. With respect to the Loans made by it and all obligations owing to it, the Administrative Agent shall have the same rights and powers under this Agreement as any Lender and may exercise the same as though it were not an Agent, and the terms “Required Lenders”, “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

  • Power and Capacity Each Shareholder has the power, authority and capacity to enter into this Agreement and to consummate the transactions contemplated hereby. This Agreement constitutes each Shareholders’s valid, legal and binding obligation and is enforceable against such Shareholder in accordance with its terms, subject, however, as to enforcement, to bankruptcy, insolvency, fraudulent transfer, moratorium and similar laws of general applicability relating to or affecting creditors’ rights; SUNO — Corporate Status and Capacity

  • Individual Capacities As a Lender, Bank of America shall have the same rights and remedies under the Loan Documents as any other Lender, and the terms “Lenders,” “Required Lenders” or any similar term shall include Bank of America in its capacity as a Lender. Agent, Lenders and their Affiliates may accept deposits from, lend money to, provide Bank Products to, act as financial or other advisor to, and generally engage in any kind of business with, Obligors and their Affiliates, as if they were not Agent or Lenders hereunder, without any duty to account therefor to any Secured Party. In their individual capacities, Agent, Lenders and their Affiliates may receive information regarding Obligors, their Affiliates and their Account Debtors (including information subject to confidentiality obligations), and shall have no obligation to provide such information to any Secured Party.

  • Agent Capacities Except as expressly provided herein or in the Credit Agreement Collateral Documents, Credit Suisse is acting in the capacities of Administrative Agent and Credit Agreement Collateral Agent solely for the Credit Agreement Secured Parties. Except as expressly provided herein or in the Additional First-Lien Security Documents, [ ] is acting in the capacity of Additional First-Lien Collateral Agent solely for the Additional First-Lien Secured Parties. Except as expressly set forth herein, none of the Administrative Agent, the Credit Agreement Collateral Agent or the Additional First-Lien Collateral Agent shall have any duties or obligations in respect of any of the Collateral, all of such duties and obligations, if any, being subject to and governed by the applicable Secured Credit Documents.

  • Financial Capacity Investor currently has the financial capacity to meet its obligations to the Company hereunder, and the Investor has no present knowledge of any circumstances which could cause it to become unable to meet such obligations in the future.

  • Legal Capacity All parties to the Mortgage Note and the Mortgage had legal capacity to enter into the Mortgage Loan and to execute and deliver the Mortgage Note and the Mortgage, and the Mortgage Note and the Mortgage have been duly and properly executed by such parties. The Mortgagor is a natural person;

Time is Money Join Law Insider Premium to draft better contracts faster.