Common use of Macquarie Contracts Clause in Contracts

Macquarie Contracts. If any Macquarie Permitted Feedstock Procurement Contract, Included Renewable Product Purchase Transaction, Included Sales Transaction or Included Permitted Feedstock Sales Transaction does not either (i) by its terms automatically become assigned to the Company on and as of the Termination Date in a manner which releases Macquarie from all obligations thereunder for all periods following the Termination Date or (ii) by its terms, expire or terminate on and as of the Termination Date, then the Parties shall promptly negotiate and enter into, with each of the then existing Third Party Suppliers and Customers, assignments, assumptions and/or such other documentation, in form and substance reasonably satisfactory to the Parties, pursuant to which, as of the Termination Date, (w) such Macquarie Permitted Feedstock Procurement Contract, Included Renewable Product Purchase Transaction, Included Sales Transaction or Included Permitted Feedstock Sales Transaction shall be assigned to the Company or shall be terminated, (x) all rights and obligations of Macquarie under each of the then outstanding Macquarie Permitted Feedstock Procurement Contract, Included Renewable Product Purchase Transaction, Included Sales Transaction or Included Permitted Feedstock Sales Transactions shall be assigned to the Company, (y) the Company shall assume all of such obligations to be paid or performed following such termination, and (z) Macquarie shall be released by such Third Party Suppliers, Customers and the Company from any further obligations thereunder. In connection with the assignment or reassignment of any Macquarie Permitted Feedstock Procurement Contract, Included Renewable Product Purchase Transaction, Included Sales Transaction or Included Permitted Feedstock Sales Transaction, the Parties shall endeavor, in a commercially reasonable manner, to facilitate the transitioning of the supply and payment arrangements, including any change in payment terms, under the relevant Macquarie Permitted Feedstock Procurement Contract, Included Renewable Product Purchase Transaction, Included Sales Transaction or Included Permitted Feedstock Sales Transaction so as to prevent any material disruption thereunder.

Appears in 1 contract

Sources: Supply and Offtake Agreement (Vertex Energy Inc.)

Macquarie Contracts. If any Macquarie Permitted Feedstock Crude Procurement Contract, Included Renewable Product Purchase Transaction, Transaction or Included Sales Transaction or Included Permitted Feedstock Sales Additional Product Transaction does not either (i) by its terms automatically become assigned to the Company Fuels or LW on and as of the Termination Date in a manner which releases Macquarie from all obligations thereunder for all periods following the Termination Date or (ii) by its terms, expire or terminate on and as of the Termination Date, then the Parties shall promptly negotiate and enter into, with each of the then existing Third Party Suppliers and CustomersSuppliers, assignments, assumptions and/or such other documentation, in form and substance reasonably satisfactory to the Parties, pursuant to which, as of the Termination Date, (w) such Macquarie Permitted Feedstock Crude Procurement Contract, Included Renewable Product Purchase Transaction, Transaction or Included Sales Transaction or Included Permitted Feedstock Sales Additional Product Transaction shall be assigned to the Company Fuels (or to Fuels and to LW if Fuels shall so elect)or shall be terminated, (x) all rights and obligations of Macquarie under each of the then outstanding Macquarie Permitted Feedstock Crude Procurement Contract, Included Renewable Product Purchase Transaction, Transaction or Included Sales Transaction or Included Permitted Feedstock Sales Transactions Additional Product Transaction shall be assigned to the CompanyFuels (or to Fuels and to LW if Fuels shall so elect), (y) the Company Fuels (or Fuels or LW, as they may elect) shall assume all of such obligations to be paid or performed following such termination, and (z) Macquarie shall be released by such Third Party Suppliers, Customers Suppliers and the Company Fuels and LW from any further obligations thereunder. In connection with the assignment or reassignment of any Macquarie Permitted Feedstock Crude Procurement Contract, Included Renewable Product Purchase Transaction, Transaction or Included Sales Transaction or Included Permitted Feedstock Sales Additional Product Transaction, the Parties shall endeavor, in a commercially reasonable manner, to facilitate the transitioning of the supply and payment arrangements, including any change in payment terms, under the relevant Macquarie Permitted Feedstock Crude Procurement Contract, Included Renewable Product Purchase Transaction, Transaction or Included Sales Transaction or Included Permitted Feedstock Sales Additional Product Transaction so as to prevent any material disruption thereunder.

Appears in 1 contract

Sources: Supply and Offtake Agreement (Calumet Specialty Products Partners, L.P.)