Airgas' Purchase Obligation Sample Clauses

Airgas' Purchase Obligation. (a) (a) On or before the 15th day of each month during the Term, BOC shall provide Airgas with a written report showing the amount of Product purchased by Airgas during the previous calendar month (each a "Monthly Report" xxx xxllectively the "Monthly Reports") under this Agreement. The parties shall use good faith efforts to promptly resolve any disputes regarding the Monthly Reports and any disputes that cannot be amicably resolved may be submitted by either party for Dispute Resolution as provided in Section 16 hereof. Airgas shall be obligated to purchase, or pay for if not purchased, [**] during the initial Contract Year and [**] of the difference between BOC's supply obligation specified in Paragraph 3 and the amounts listed on Exhibit I ("Take or Pay Quantity") during all subsequent Contract Years hereunder. Airgas will use commercially reasonable efforts to purchase [**] of its requirements for Product at facilities co-located with a BOC helium transfill from BOC and such purchase will count towards the Take of Pay Quantity to be purchased or paid for by Airgas. In the event that Airgas has failed to purchase the Take or Pay Quantity during any Cxxxxxxt Year, Airgas shall be able to avoid penalties for failing to purchase the Take or Pay Quantity by purchasing a quantity of additional Product ("Shortfall Make-Up Volume") equal to the shortfall during the previous Contract Year ("Shortfall Year") [**]. The quantity of Shortfall Make-Up Volume taken by Airgas each month shall be calculated by subtracting (i) [**] of Airgas' Take or Pay Quantity applicable to the [**] from (ii) the total quantity of Product purchased by Airgas during such month. In the event that Airgas fails to purchase sufficient Shortfall Make-Up Volume to offxxx xxe shortfall relative to the Take or Pay Quantity during the Shortfall Year, then in such event, Airgas shall pay to BOC, an amount equal to (i) the shortfall versus the Take or Pay Quantity not satisfied during the [**], multiplied by (ii) the applicable price for Product during the Shortfall Year within thirty (30) days after the conclusion of the [**]. Shortfall Make-Up Volume taken by Airgas during any [**] shall not be included in Airgas' volume for purposes of determining whether Airgas has purchased the Take or Pay Quantity during the [**].
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Related to Airgas' Purchase Obligation

  • Purchase Obligation An obligation of the Company to repurchase Mortgage Loans under the circumstances and in the manner provided in Section 2.07 or Section 2.08.

  • Repurchase Obligation At any time after the date hereof, the Partnership, the members of the Family Group of a Partner that becomes a Former Partner and the Family Holders that are not members of such Family Group shall collectively have the obligation (the “Repurchase Obligation”) to purchase from any Person who is then a Former Partner all of the Partnership Interests (the “Repurchase Interests”) directly or indirectly owned by such Former Partner immediately prior to the applicable Withdrawal Event, and such Former Partner shall be obligated to sell to the purchasing members of such Family Group, such Family Holders and/or the Partnership, as the case may be, all of such Person’s Repurchase Interests. In order to purchase Repurchase Interests pursuant to the Repurchase Obligation, such Family Group member or Family Holder must be an Authorized Transferee of the Former Partner. The Repurchase Obligation shall be effected as follows:

  • Unconditional Purchase Obligations The Borrower shall not and shall not permit any Subsidiary to enter into or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property or services.

  • Capital Lease Obligations With respect to any Person, the obligations of such Person to pay rent or other amounts under any Capitalized Lease.

  • Recourse Obligations The Mortgage Loan documents for each Mortgage Loan (a) provide that such Mortgage Loan becomes full recourse to the Mortgagor and guarantor (which is a natural person or persons, or an entity or entities distinct from the Mortgagor (but may be affiliated with the Mortgagor) that collectively, as of the date of origination of the related Mortgage Loan, have assets other than equity in the related Mortgaged Property that are not de minimis) in any of the following events (or negotiated provisions of substantially similar effect): (i) if any petition for bankruptcy, insolvency, dissolution or liquidation pursuant to federal bankruptcy law, or any similar federal or state law, shall be filed by, consented to, or acquiesced in by, the Mortgagor; (ii) the Mortgagor or guarantor shall have solicited or caused to be solicited petitioning creditors to cause an involuntary bankruptcy filing with respect to the Mortgagor or (iii) voluntary transfers of either the Mortgaged Property or controlling equity interests in the Mortgagor made in violation of the Mortgage Loan documents; and (b) contains provisions for recourse against the Mortgagor and guarantor (which is a natural person or persons, or an entity or entities distinct from the Mortgagor (but may be affiliated with the Mortgagor) that collectively, as of the date of origination of the related Mortgage Loan, have assets other than equity in the related Mortgaged Property that are not de minimis), for losses and damages resulting from the following (or negotiated provisions of substantially similar effect): (i) the Mortgagor’s misappropriation of rents after an event of default, security deposits, insurance proceeds, or condemnation awards; (ii) the Mortgagor’s fraud or intentional material misrepresentation; (iii) breaches of the environmental covenants in the Mortgage Loan documents; or (iv) the Mortgagor’s commission of intentional material physical waste at the Mortgaged Property (but, in some cases, only to the extent there is sufficient cash flow generated by the related Mortgaged Property to prevent such waste).

  • Lease Obligations The Company shall not, and shall not suffer or permit any Subsidiary to, create or suffer to exist any obligations for the payment of rent for any property under lease or agreement to lease, except for:

  • Operating Lease Obligations On the Effective Date, none of the Loan Parties has any Operating Lease Obligations other than the Operating Lease Obligations set forth on Schedule 6.01(q).

  • Limited Obligation ANY OBLIGATION OF THE COUNTY CREATED BY OR ARISING OUT OF THIS FEE AGREEMENT SHALL BE A LIMITED OBLIGATION OF THE COUNTY, PAYABLE BY THE COUNTY SOLELY FROM THE PROCEEDS DERIVED UNDER THIS FEE AGREEMENT AND SHALL NOT UNDER ANY CIRCUMSTANCES BE DEEMED TO CONSTITUTE A GENERAL OBLIGATION OF THE COUNTY WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY LIMITATION.

  • Intercompany Indebtedness The Company shall not create, incur, assume or otherwise become or remain directly or indirectly liable with respect to any Indebtedness arising from loans from any Subsidiary to the Company unless (a) such Indebtedness is unsecured and (b) such Indebtedness shall be expressly subordinate to the payment in full in cash of the Obligations on terms satisfactory to the Administrative Agent.

  • Capitalized Lease Obligations Sale and Leaseback Transactions, export credit facilities with a maturity of at least one year and Purchase Money Indebtedness of, including Guarantees of any of the foregoing by, the Issuer and/or any Restricted Subsidiary, in an aggregate principal amount at any one time outstanding not to exceed U.S.$1 billion;

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