Obligation to Provide Cylinders Sample Clauses

Obligation to Provide Cylinders. (a) USEC shall supply to Customer the 30B cylinders necessary to provide Customer Enriched DU and Enriched Product on a schedule mutually agreed by the Parties. USEC’s ability to make Physical Deliveries in accordance with the Delivery Schedule under Paragraph 2 depends upon timely availability of 30B cylinders. The Parties acknowledge that there is currently a shortage of the needed 30B cylinders used to fulfill USEC’s obligations under this Agreement. USEC shall undertake reasonable efforts to procure the necessary 30B cylinders not already in its possession as soon as practical. To the extent that USEC’s supplier of 30B cylinders has not delivered 30B cylinders to the PGDP in time for USEC to fill the 30B cylinders with Enriched DU or Enriched Product under the Agreement, USEC shall deliver Enriched DU or Enriched Product (i) in 30B cylinders in USEC’s possession at the PGDP that are not otherwise needed to make or take deliveries of Enriched Product under USEC’s existing commitments to third parties; or (ii) subject to Paragraph 4(c) below, by constructive delivery of the Enriched DU and/or Enriched Product in parent cylinders containing the Enriched DU and/or the Enriched Product for which 30B cylinders were not available pursuant to Section 5.2(b) and shall have the right to include the Article 5 SWU and Article 6 SWU in the invoice for the month in which delivery was made. For this purpose, constructive delivery shall be made by notifying Customer of the quantity of Enriched DU or Enriched Product being delivered, which shall be the amount of Enriched DU or Enriched Product in the parent cylinder minus the Heavy Heel, and identifying the parent cylinder in which it is held. In addition to identifying the cylinder identification number and documenting Customer’s ownership of the constructively delivered Enriched DU or Enriched Product in USEC’s records and accounts, USEC shall visually identify constructively delivered cylinders as containing Customer’s Material by placing a magnet, sticker or tag on the cylinder and segregating constructively delivered cylinders from USEC’s other inventories. USEC shall also produce an initial Enriched Documentation (as defined in Appendix B, Paragraph 9) based upon the quantities, specifications and purities contained within the parent cylinder. USEC shall not make any constructive delivery of Enriched Product or Enriched DU under this Paragraph 4, and Customer shall not be obligated to accept or pay for such const...
Sample 1
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Obligation to Provide Cylinders. (a) USEC shall Physically Deliver to TENEX, DES USEC’s Vessel St. Petersburg, all 30B Cylinders, Overpacks and Sample Containers necessary for TENEX to make a Physical Delivery of EUP to USEC, *****, except that TENEX shall provide all Overpacks, Cylinders and Sample Containers required for Deliveries of replacement or additional EUP under Appendix E1.
Sample 1

Related to Obligation to Provide Cylinders

  • Obligation to Provide Information Each party’s obligation to provide information shall be as follows:

  • Agreement to Provide Services Xxxxxxx Sachs hereby engages the Contract Underwriter, and the Contract Underwriter hereby agrees, to provide the following Services: (a) establish and maintain (or assist the Company in establishing and maintaining) relationships with owners of Contracts who are its customers or customers of other broker-dealers with whom it has entered into agreements to sell the Contracts (“Selling Dealers”); (b) provide Contract owners with “personal services” (within the meaning of NASD Conduct Rule 2830(b)(9)); (c) assist in the preparation of advertisements and other sales literature for the Contracts that describes or discusses the Funds; (d) provide sales compensation to representatives of the Contract Underwriter; (e) pay money to Selling Dealers for any of the foregoing purposes; and (f) perform any additional services primarily intended to result in the distribution of the Contracts and the sale of the Service Shares to the Company.

  • Obligation to Issue Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of Borrower herein set forth, the Issuing Bank hereby agrees to issue for the account of Borrower, one or more Facility Letters of Credit in accordance with this Article IIA, from time to time during the period commencing on the Agreement Execution Date and ending on a date sixty (60) days prior to the Revolving Facility Termination Date.

  • Condition to Each Party’s Obligations The respective obligation of each party to effect the contributions contemplated by this Agreement and to consummate the other transactions contemplated hereby to occur on the Closing Date is subject to the satisfaction or waiver on or prior to the Closing of the following conditions:

  • Company to Provide Stock The Company shall reserve, free from preemptive rights, out of its authorized but unissued shares, sufficient shares to provide for the conversion of convertible Securities from time to time as such Securities are presented for conversion, provided, however, that nothing contained herein shall be construed to preclude the Company from satisfying its obligations in respect of the conversion of Securities by delivery of repurchased shares of Common Stock which are held in the treasury of the Company. If any shares of Common Stock to be reserved for the purpose of conversion of Securities hereunder require registration with or approval of any governmental authority under any Federal or State law before such shares may be validly issued or delivered upon conversion, then the Company covenants that it will in good faith and as expeditiously as possible endeavor to secure such registration or approval, as the case may be; provided, however, that nothing in this Section 1708 shall be deemed to affect in any way the obligations of the Company to convert Securities into Common Stock as provided in this Article Seventeen. Before taking any action which would cause an adjustment reducing the Conversion Price below the then par value, if any, of the Common Stock, the Company will take all corporate action which may, in the opinion of counsel, be necessary in order that the Company may validly and legally issue fully paid and non-assessable shares of Common Stock at such adjusted Conversion Price. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities will upon issue be fully paid and non-assessable by the Company and free of preemptive rights.

  • Obligation to Notify If the Participant makes the election permitted under Section 83(b) of the Internal Revenue Code of 1986, as amended (that is, an election to include in gross income in the year of transfer the amounts specified in Section 83(b)), the Participant shall notify the Company of such election within 10 days of filing notice of the election with the Internal Revenue Service and shall within the same 10-day period remit to the Company an amount sufficient in the opinion of the Company to satisfy any federal, state and other governmental tax withholding requirements related to such inclusion in Participant’s income. The Participant should consult with his or her tax advisor to determine the tax consequences of acquiring the Restricted Stock and the advantages and disadvantages of filing the Section 83(b) election. The Participant acknowledges that it is his or her sole responsibility, and not the Company’s, to file a timely election under Section 83(b), even if the Participant requests the Company or its representatives to make this filing on his or her behalf.

  • Distribution to Lenders Upon the Administrative Agent’s receipt of payments hereunder, the Administrative Agent shall immediately distribute to each Lender or the applicable LC Issuer, as the case may be, its ratable share, if any, of the amount of principal, interest, and Fees received by it for the account of such Lender. Payments received by the Administrative Agent in Dollars shall be delivered to the Lenders or the applicable LC Issuer, as the case may be, in Dollars in immediately available funds; provided, however, that if at any time insufficient funds are received by and available to the Administrative Agent to pay fully all amounts of principal, Unpaid Drawings, interest and Fees then due hereunder then, except as specifically set forth elsewhere in this Agreement and subject to Section 8.03, such funds shall be applied, first, towards payment of interest and Fees then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of interest and Fees then due to such parties, and second, towards payment of principal and Unpaid Drawings then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal and Unpaid Drawings then due to such parties.

  • AVIF TO PROVIDE DOCUMENTS INFORMATION ABOUT LIFE COMPANY.

  • Obligations of and Services to be Provided by the Sub-Advisor The Sub-Advisor will:

  • Covenant to Provide Financial Information and Maintain Sufficient Capital The Administrator shall obtain and maintain the necessary capital to fulfill its obligations under this Agreement and shall remain solvent. The Administrator will report to the Issuer on a semi-annual basis its current and total assets, current and total liabilities, and total equity and the Company intends to include such amounts in its SEC reports.

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