Common use of Available Capacity Clause in Contracts

Available Capacity. Available storage capacity at the Acquired Terminals other than the Reserve Amount, and not otherwise being used by or reserved for another customer, will be made available for Customer use (“Available Capacity”). Customer may request use of Available Capacity at the Acquired Terminals and ▇▇▇▇▇▇▇▇▇ will accommodate such requests to the extent ▇▇▇▇▇▇▇▇▇ determines it is feasible to do so. ▇▇▇▇▇▇▇▇▇ shall have no obligation to accommodate any such request which in ▇▇▇▇▇▇▇▇▇’▇ judgment would potentially cause ▇▇▇▇▇▇▇▇▇ to receive income that would not be qualifying income under Section 7704 of the Internal Revenue Code, potentially adversely impact ▇▇▇▇▇▇▇▇▇’▇ ability to enter into a listing agreement with any National Securities Exchange, or potentially cause the delisting or trading suspension of some or all of the equity interests of ▇▇▇▇▇▇▇▇▇ on any National Securities Exchange on which ▇▇▇▇▇▇▇▇▇’▇ equity interests are listed or admitted to trading or be likely, in ▇▇▇▇▇▇▇▇▇’▇ reasonable discretion, to cause ▇▇▇▇▇▇▇▇▇ to breach or violate any commitment to any other customer. The term “National Securities Exchange” means an exchange registered with the Commission under Section 6(a) of the Securities Exchange Act, as amended, supplemented or restated from time to time, and any successor to such statute.