Purchase and Sale Commitments. No outstanding purchase commitments by any of the Companies are in excess of the normal, ordinary and usual requirements of such Company, and the aggregate of the contract prices to which the Companies have agreed in any outstanding purchase commitments is not so excessive when compared with current market prices for the relevant commodities or services that a material loss is likely to result. No outstanding sales commitment by any of the Companies obligates such Company to sell any product or service at a price which, because of currently prevailing and projected costs of materials or labor, is likely to result, when all such sales commitments are taken in the aggregate, in a material loss to the Companies taken as a whole. There are no material suppliers to any of the Companies of significant goods or services with respect to which practical alternative sources of supply, or comparable products, are not available on comparable terms and conditions.
Purchase and Sale Commitments. (a)Subject to the terms and conditions of this Agreement, during the period (the "Ramp-up Period") commencing on the Commencement Date (as defined in Section 4) and ending on the later to occur of the last day before the date of Final Acceptance (as defined in the Contract for Supply of Iron Carbide Production Equipment, Processes and Services, dated the date hereof, between Qualitech and Mitsubishi International Corporation, a New York corporation ("Mitsubishi")), or the Sustained Production Date (as defined in Subsection 1(c)), but in no event later than 38 months from the date of this Agreement, Qualitech shall sell to Steel Dynamics, and Steel Dynamics shall purchase from Qualitech, under the terms and conditions set forth in Section 3, 60% of any and all quantities of Product (as defined in Subsection 1(d)) produced by the Iron Carbide Plant.
Purchase and Sale Commitments. Except as set forth on Schedule 4.16, none of the customers, suppliers or distributors listed on Schedule 4.1(g) or (m) or Cygnus, Inc. has given any notification that any such Person will cease to continue its relationship with the Company or will substantially reduce the extent of such relationship.
Purchase and Sale Commitments. No outstanding purchase commitments by Orion are in excess of the normal, ordinary and usual requirements of Orion, and the aggregate of the contract prices to which Orion has agreed in any outstanding purchase commitments is not so excessive when compared with current market prices for the relevant commodities or services that a material loss is likely to result. No outstanding sales commitment by Orion obligates Orion to sell any product or service at a price which, because of currently prevailing and projected costs of materials or labor, is likely to result, when all such sales commitments are taken in the aggregate, in a material loss to Orion. There are no suppliers to Orion of significant goods or services with respect to which practical alternative sources of supply, or comparable products, are not available on comparable terms and conditions.
Purchase and Sale Commitments. Seller has no outstanding purchase commitments with respect to the Business or the Facility other than those contained in the Contracts. Seller has no outstanding commitment for the sale of any product or service with respect to the Business or the Facility other than purchase orders or contracts for soil remediation services entered into in the ordinary course of business, all of which are included in the Contracts.
Purchase and Sale Commitments. During the Term, Supplier shall make commercially reasonable efforts to manufacture and supply to Distributor the quantities of Products that Distributor requires. Distributor will keep Supplier informed of Distributor's marketing plan and strategy for selling the Products in the Territory. Distributor's commitment for Products shall be limited to that which is specified on Distributor's outstanding purchase orders.
Purchase and Sale Commitments. The outstanding purchase commitments included in the Assumed Liabilities are not in excess of the normal, ordinary and usual requirements of the Business, and the aggregate of the contract prices under such outstanding purchase commitments is not so excessive when compared with current market prices for the relevant commodities or services that a loss is likely to result. There are no suppliers of goods or services to the Business with respect to which practical alternative sources of supply, or comparable products, are not available on commercially reasonable terms and conditions.
Purchase and Sale Commitments. (a) Each calendar year during the Term of this Agreement, Seller will sell and deliver to Buyer, and Buyer will purchase and accept from Seller, in conformance with (i) the Specifications, and (ii) the other provisions of this Agreement, a maximum of XXXXXXXXXXXX(million) pounds of Product per calendar year (the “Annual Quantity”). The parties acknowledge and agree that, notwithstanding the foregoing, Buyer shall not be obligated to purchase any minimum quantity of Product hereunder.
Purchase and Sale Commitments. No outstanding purchase commitments by the Company or the Subsidiary are in excess of the normal, ordinary and usual requirements of the business of the Company. No outstanding commitment obligates the Company or the Subsidiary to sell any product or service at a price below the sum of direct materials and direct labor incurred by the Company or the Subsidiary to produce and deliver such product or to perform such service.
Purchase and Sale Commitments. Supplier will manufacture, sell and deliver to Whirlpool, and Whirlpool will purchase from Supplier those Parts specified in Appendix A for its facilities located at: · LaVergne, Tennessee, U.S.A. · Manaus, Amazonas, Brazil · Plainfield, Indiana, U.S.A. Notwithstanding the provision of item 4.4 below (Meeting Competition), during the term of this Agreement, Supplier shall serve as the sole source provider of LCDI/AFCI power cords for room air conditioning units and portable cord set requirements that meet UL 484 and UL 1699 standards, provided, however, that Supplier complies with the terms and conditions of this Agreement. Orders for Parts will be pursuant to Purchase Orders, Releases or Production Schedules periodically issued by Whirlpool. Whirlpool will issue Schedules or Releases for each of its facilities covered by this Agreement indicating “Firm” and “Tentative” Periods. The quantities of Parts specified in the Firm Period shall be the only binding delivery and purchase commitments for finished Parts for the time specified until the next Release is issued. Any quantities stated in Tentative Periods or Forecasting Periods are non-binding estimates of Whirlpool’s future needs for such Parts. However, Whirlpool will purchase from Supplier, at Supplier’s cost, Unique Materials if they were required to supply the Parts specified in the Tentative Period and if such materials cannot be used during the term of this Supply Agreement or elsewhere by Supplier. Each Release supersedes and replaces the previous Release so any changed quantities need to be taken into account by Supplier. Supplier must submit a written claim within thirty (30) days after the expiration of this Agreement or after the time the Part becomes obsolete, whichever is earlier. [Table remove due to request for confidential treatment] For the purpose of this provision, working days shall be considered the business days from Monday through Friday. Parts covered by this Agreement are for production and repair/service purposes. Supplier shall be obligated to supply Whirlpool with service or repair Parts for a period of [request for confidential treatment] years after the termination or expiration of this Agreement pursuant to prices to be then agreed to by the parties and availability of components required. In the event Supplier desires to discontinue manufacturing such service or repair Parts due to obsolescence, it shall obtain Whirlpool's approval and offer Whirlpool the option of a lifet...
