COMMITMENT AND TERM Sample Clauses

COMMITMENT AND TERM. UBE shall from time to time submit purchase orders (each, a “Purchase Order”) to HR for purchases of the Distiller’s Grains, all upon and subject to the terms and conditions of this Restated Agreement, with each such Purchase Order to be placed by UBE properly completing and executing a Purchase Order form in either the form of Exhibit “A” or Exhibit “B” to this Restated Agreement or other form acceptable to HR. The terms of any Purchase Order may include a request for the sale and delivery of Distiller’s Grains on a one-time basis or on a daily, weekly, monthly or other periodic basis. A Purchase Order submitted in the form of Exhibit “B” to this Restated Agreement may take the form of UBE submitting to HR a proposed minimum F.O.B. Plant Price (as that term is defined in Section 2) UBE Customers (as the term is defined in Section 2 of this Restated Agreement) for DDG and/or WDG (the “Posted Price”) which will be effective for the day, week, month or other period of time set forth in the Purchase Order (in any such case, the “Posted Price Sales Period”), along with a proposed maximum number of tons of DDG and/or WDG (the “Maximum Posted Price Tons”) which may be sold at the Posted Price at any time during, and for pick-up by UBE during, the Posted Price Sales Period. Any such Purchase Order is referred to in this Restated Agreement as a “Posted Price Purchase Order”. All references to “Purchase Order” in this Restated Agreement shall include Posted Price Purchase Orders. Each Purchase Order shall be irrevocable by UBE, unless and until the time at which the particular Purchase Order becomes a Rejected Purchase Order (as that term is defined below). UBE and HR shall reasonably cooperate in attempting to schedule weekly or other periodic meetings at the Plant or by phone or other communications methods for purposes of discussing any Purchase Order UBE desires to submit to HR, but no such Purchase Order shall become effective unless and until such Purchase Order has both been submitted in writing by UBE in the form of either Exhibit “A” or Exhibit “B” to this Restated Agreement or other form acceptable to HR and such Purchase Order has been accepted by HR. Notwithstanding any term or condition of this Restated Agreement or otherwise which may appear to be to the contrary, HR may accept or reject each Purchase Order, in whole, but not in part, in HR’s commercially reasonable discretion. HR shall notify UBE of whether HR accepts or rejects each particular Purch...
AutoNDA by SimpleDocs
COMMITMENT AND TERM. Subject to the terms of this Agreement, UBEI hereby agrees to sell, and EKAE hereby agrees to purchase, all Raw Grains required for ethanol production at the Plant. The initial term of this Agreement shall be for five (5) years. The parties shall execute a memorandum setting forth the actual date of commencement of the term, which shall be approximately 6 months before substantial completion of the Plant. Unless earlier terminated in accordance with this Agreement, this Agreement shall be automatically renewed for successive one (1) year terms thereafter unless either party gives written notice to the other party of its election not to renew, not later than ninety (90) days prior to the expiration of the then current term.
COMMITMENT AND TERM. Subject to the terms and conditions of this Agreement, the Seller shall sell and the Purchaser shall purchase and accept in rail cars at the Purchaser's Chalk Point, Dickxxxxx xxx/or Morgantown Generating Stations coal meeting the quality specifications set forth in Article 2.
COMMITMENT AND TERM. By accepting a seat on the CEC, each CEC Member agrees to participate in the CEC’s activities described herein, through its appointed Member Representative (if the CEC Member is not an individual in which case the CEC Member will be the Member Representative) in a way that promotes achievement of the OEC’s stated mission. The term of each CEC Member’s seat on the CEC will be three (3) years, except as provided below. A CEC Member may not apply for readmission to the CEC during that term or for one year following its expiration or termination. Notwithstanding the foregoing:
COMMITMENT AND TERM. Subject to the terms of this Agreement, FREMAR LLC hereby agrees to sell and deliver, and Millennium hereby agrees to purchase and receive, Corn required for ethanol production at the Plant. Millennium hereby further agrees that during the initial term and any renewal term corn or grain products used to produce ethanol at the Plant shall be purchased from FREMAR LLC. The initial term of this Agreement shall be for five (5) years, commencing on the date of written notification by Millennium to FREMAR LLC to proceed, but not later than after the date the Plant begins producing ethanol. The parties shall execute a memorandum setting forth the actual date of commencement of the term. This Agreement shall be automatically renewed for successive one (1) year terms thereafter unless either party gives written notice to the other party of its election not to renew, not later than six (6) months prior to the expiration of the then current term. This Agreement shall automatically terminate if Millennium permanently abandons its efforts to construct the Plant.
COMMITMENT AND TERM. Subject to the terms of this Agreement, One Earth Energy hereby agrees to sell, and UBE hereby agrees to purchase, all Distiller’s Grains produced at the Plant. The initial term of this Agreement shall be for thirty-six (36) months, commencing on the date that the Plant begins operations to produce ethanol. The parties shall execute a memorandum setting forth the actual date of commencement of the term. This Agreement shall be automatically renewed for successive one (1) year terms thereafter unless either party gives written notice to the other party of its election not to renew, not later than ninety (90) days prior to the expiration of the initial term or the then current renewal term, as the case may be.
COMMITMENT AND TERM. Subject to the terms of this Agreement, AE hereby agrees to sell, and UBE hereby agrees to purchase, all Distiller’s Grains produced at the Plant. The initial term of this Agreement shall be for two (2) years, commencing on the date that the Plant begins operations to produce ethanol. The parties shall execute a memorandum setting forth the actual date of commencement of the term. This Agreement shall be automatically renewed for successive one (1) year terms thereafter unless either party gives written notice to the other party of its election not to renew, not later than ninety (90) days prior to the expiration of the initial term of the then current renewal term, as the case may be.
AutoNDA by SimpleDocs

Related to COMMITMENT AND TERM

  • Amount and Terms of Revolving Commitments 2.1 [Reserved].

  • Amount and Terms of Commitment The Bank agrees, on the terms and subject to the conditions set forth herein, to make a Loan to the Borrower in an aggregate principal amount equal to ELEVEN BILLION SEVEN HUNDRED MILLION JAPANESE YEN (¥11,700,000,000). The Loan shall be advanced in a single drawing on the Drawdown Date.

  • Amount and Terms of the Commitment Section 2.01 The Advances ........................................................... 8 Section 2.02 Making of Advances ..................................................... 8 Section 2.03 Fees ................................................................... 10 Section 2.04 Reduction or Termination of the Maximum Commitment ..................... 10 Section 2.05 Repayments of Interest Advances or the Final Advance.................... 11 Section 2.06 Repayments of Provider Advances ........................................ 11 Section 2.07 Payments to the Liquidity Provider Under the Intercreditor Agreement ... 12 Section 2.08

  • Engagement and Term The Company hereby employs Employee and Employee hereby accepts such employment by the Company on the terms and conditions set forth herein, for the period commencing on November 1, 2004 (the “Effective Date”) and ending, unless sooner terminated in accordance with the provisions of Section 4 hereof, on October 31, 2007 (the “Employment Period”). As used in this Agreement, the term “Contract Year” shall refer to each twelve-month period during the Employment Period ending October 31.

  • Amount and Terms of Commitments 2.1 [Reserved].

  • Amount and Terms of the Commitments 30 Section 2.1. General Description of Facilities 30 Section 2.2. Revolving Loans 31 Section 2.3. Procedure for Revolving Borrowings 31 Section 2.4. Swingline Commitment 31 Section 2.5. Funding of Borrowings 33 Section 2.6. Interest Elections 33 Section 2.7. Optional Reduction and Termination of Commitments 34 Section 2.8. Repayment of Loans 35 Section 2.9. Evidence of Indebtedness 35 Section 2.10. Optional Prepayments 35 Section 2.11. Mandatory Prepayments 36 Section 2.12. Interest on Loans 36 Section 2.13. Fees 37 Section 2.14. Computation of Interest and Fees 38 Section 2.15. Inability to Determine Interest Rates 38 Section 2.16. Illegality 38 Section 2.17. Increased Costs 39 Section 2.18. Funding Indemnity 40 Section 2.19. Taxes 40 Section 2.20. Payments Generally; Pro Rata Treatment; Sharing of Set-offs 43 Section 2.21. Letters of Credit 45 Section 2.22. Increase of Commitments; Additional Lenders 49 Section 2.23. Mitigation of Obligations 52 Section 2.24. Replacement of Lenders 52 Section 2.25. Defaulting Lenders 53 Section 2.26. All Obligations to Constitute Joint and Several Obligations 54 ARTICLE III

  • Amount and Terms of Revolving Credit Commitments 3.1 Revolving Credit Commitments. (a) Subject to the terms and conditions hereof, each Lender severally agrees to make revolving credit loans ("Revolving Credit Loans") to the Borrower from time to time during the Revolving Credit Commitment Period in an aggregate principal amount at any one time outstanding which, when added to such Lender's Revolving Credit Commitment Percentage of an amount equal to the sum of the sum of (i) the aggregate principal amount of Swing Line Loans then outstanding plus (ii) the then outstanding L/C Obligations plus (iii) the aggregate principal amount of all Bilateral Option Loans and CAF Advances then outstanding (after giving effect to the use of proceeds of such Revolving Credit Loans), does not exceed the amount of such Lender's Revolving Credit Commitment, provided that no Lender shall be required to make a Revolving Credit Loan prior to the Collateral Release Date to the extent that, after giving effect thereto, the Aggregate Revolving Credit Outstandings at such time would exceed the Borrowing Base at such time. During the Revolving Credit Commitment Period, the Borrower may use the Revolving Credit Commitments by borrowing, prepaying and reborrowing the Revolving Credit Loans in whole or in part, all in accordance with the terms and conditions hereof. (b) The Revolving Credit Loans may from time to time be (i) Eurodollar Loans, (ii) ABR Loans or (iii) a combination thereof, as determined by the Borrower and notified to the Administrative Agent in accordance with subsections 3.2 and 4.2, provided that no Revolving Credit Loan shall be made as a Eurodollar Loan after the day that is one month prior to the Revolving Credit Termination Date.

  • Amount and Terms of Credit 1.1 Credit Facilities

  • Amendment and Termination No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!