Purchase and Sale Obligations. All purchase, sales and orders and all other commitments for purchases, sales and orders made by or on behalf of the Company have been made in the usual and ordinary course of its business in accordance with normal practices. On the Closing Date, the Sellers shall deliver to Purchasers a schedule of all such uncompleted purchase and sale orders and other commitments with respect to any of the Company's obligations as of a date not earlier than ten (10) days prior to the Closing.
Purchase and Sale Obligations. (a) On the terms and subject to the conditions of this Agreement, Xxxxxx agrees to sell, assign, convey, deliver and Transfer to NYSERDA, and XXXXXXX agrees to purchase from Seller, all right, title and interest in the ORECs produced by the Selected Project during each month of the Contract Delivery Term.
Purchase and Sale Obligations. (a) On the terms and subject to the conditions of this Agreement, Seller agrees to sell, assign, convey, deliver and transfer to NYSERDA, and NYSERDA agrees to purchase from Seller, during each month of the Contract Delivery Term, all right, title and interest in the Tier 4 RECs associated with all Qualified Renewable Energy produced by the Selected Project and delivered to the Delivery Point.
Purchase and Sale Obligations. 5.1 Sale and Purchase of Energy - During the Term, the Seller will sell and deliver all Energy to the Buyer at the POI and the Buyer will, subject to section 5.2, purchase and accept delivery of all Eligible Energy. The Buyer will pay for Eligible Energy in accordance with section 6.1. When the Seller is delivering Energy to the Buyer, the Seller will make commercially reasonable efforts to operate the Seller’s Plant in a manner that ensures delivery of Energy at the POI at a uniform rate within each hour during which Energy is delivered.
Purchase and Sale Obligations. On the terms and subject to the conditions of this Agreement, Xxxxxx agrees to sell, assign, convey, deliver and Transfer to NYSERDA, and NYSERDA agrees to purchase from Seller, all right, title and interest in the ORECs produced by the Selected Project during each month of the Contract Delivery Term. For the avoidance of doubt, the only products Seller is selling and NYSERDA is buying under this Agreement are ORECs and all rights, title, and interest associated with those ORECs. Seller is not selling to NYSERDA and NYSERDA is not purchasing any electric energy, capacity, or ancillary services associated with the Selected Project. As a condition precedent to NYSERDA’s purchase obligation in Section 2.01(a), Seller shall deliver to NYSERDA the report of an Independent Engineer demonstrating that the Operational Installed Capacity of the Selected Project is no greater than the Maximum Project Capacity.
Purchase and Sale Obligations. All purchase, sales and orders and all other commitments for purchases, sales and orders made by or on behalf of DE have been made in the usual and ordinary course of its business in accordance with normal practices. On the Closing Date, DE shall deliver to THI a schedule of all such uncompleted purchase and sale orders and other commitments with respect to any of DE's obligations as of a date not earlier than ten (10) days prior to the Closing.
Purchase and Sale Obligations. All purchases, sales and orders and all other commitments for purchases, sales and orders made by or on behalf of the Company since the Cutoff Date have been made in the usual and Ordinary Course of its Business in accordance with normal practices. On the Closing Date, the Company shall deliver to Buyer a schedule of all such uncompleted purchase and sale orders and other commitments with respect to any of the Company's obligations as of a date not earlier than five (5) days prior to the Closing.
Purchase and Sale Obligations. 4.1 Energy prior to Xxxxx's COD Subject to satisfaction of all obligations of Seller under this EPA, upon the occurrence of Seller's COD but prior to the occurrence of Buyer's COD, Buyer will not be obligated to purchase, or accept delivery from Seller of, any Energy, provided if Buyer does accept, in its sole discretion, delivery of Energy at the POI, Buyer will pay for such Energy accepted by Buyer prior to Buyer's COD in accordance with Section 5.1.
Purchase and Sale Obligations. All purchases, sales and orders and all other commitments for purchases, sales and orders made by or on behalf of the Company since the Cutoff Date have been made in the Ordinary Course of its Business.
Purchase and Sale Obligations. Notwithstanding any other provision herein, with respect to Sellers' obligation to sell, assign, transfer, convey and deliver the Shares, Options or Warrants, as applicable, to Purchaser and Purchaser's obligation to purchase the Shares, Options or Warrants, as applicable, from Sellers, Purchaser shall have the right to either (i) effect such transactions directly or (ii) designate and cause a wholly-owned subsidiary of Purchaser to effect such transactions and, in such case, Sellers shall sell, assign, transfer, convey and deliver the Shares, Options or Warrants, as applicable, to such wholly-owned subsidiary.
