Common use of Confirmation Procedures Clause in Contracts

Confirmation Procedures. If Macquarie desires to accept any such offer, then Macquarie shall endeavor to promptly communicate its formal acceptance of such offer to Fuels or LW and to the potential Customer so that Macquarie may establish a binding agreement between Macquarie and such potential Customer. If a binding agreement is so established to Macquarie’s satisfaction, then Macquarie shall seek to finalize and confirm such Included Sales Transaction using its ordinary documentation and confirmation procedures. In the event the pricing terms agreed to by Macquarie differ from those negotiated by Fuels or LW and offered to Macquarie, Macquarie shall utilize the price negotiated by Macquarie and offered to Macquarie for purposes of calculating the Aggregate Product Sale Receipts for purposes of computing the Monthly Product Sale Adjustment. If Macquarie enters into an Included Sales Transaction it shall promptly confirm this to Fuels or LW by sending to Fuels or LW an email confirmation notifying Fuels or LW that a transaction has been executed on the basis of the relevant trade ticket. In addition, if the relevant Customer has consented to Macquarie sharing copies of the agreement underlying the Included Sales Transaction with Fuels or LW, then Macquarie shall provide a copy thereof to Fuels or LW.

Confirmation Procedures. If Macquarie desires to accept any such offer, then Macquarie shall endeavor to promptly communicate its formal acceptance of such offer to Fuels or LW and to the potential Customer Product Supplier so that Macquarie may establish a binding agreement between Macquarie and such potential CustomerProduct Supplier. If a binding agreement is so established to Macquarie’s satisfaction, then Macquarie shall seek to finalize and confirm such Included Sales Product Purchase Transaction using its ordinary documentation and confirmation procedures. In the event the pricing terms agreed to by Macquarie differ from those negotiated by Fuels or LW and offered to Macquarie, Macquarie shall utilize the price negotiated by Macquarie and offered to Macquarie for purposes of calculating the Aggregate Product Sale Receipts Purchase Proceeds for purposes of computing the Monthly Product Sale Purchase Adjustment. If Macquarie enters into an Included Sales Product Purchase Transaction it shall promptly confirm this to Fuels or LW by sending to Fuels or LW an email confirmation notifying Fuels or LW that a transaction has been executed on the basis of the relevant trade ticket. In addition, if the relevant Customer has consented to Macquarie sharing copies of the agreement underlying the Included Sales Product Purchase Transaction with Fuels or LW, then Macquarie shall provide a copy thereof to Fuels or LW.