Rights and Obligations of Performing Buyer after Buyer Payment Failure Sample Clauses

Rights and Obligations of Performing Buyer after Buyer Payment Failure. During the existence of a Buyer Payment Failure, in lieu of the obligations set forth in Sections 2.3 and 2.4.1, but subject to Lender's rights under the Consent and Agreement, the Performing Buyer shall be obligated, except to the extent that such obligation may be suspended by Limited Force Majeure, to take or pay for if not taken the lesser of (a) all Tendered Product or (b) 27,000 tonnes per Month of Tendered Product (appropriately prorated for any Month in which a Buyer Payment Failure is in effect for only part of the Month). Upon occurrence and during the existence of a Buyer Payment Failure, the Performing Buyer shall have a right of first refusal to purchase all or any portion of Tendered Product in excess of 27,000 tonnes per Month. All amounts of Tendered Product taken or paid for pursuant to this Section 2.4.2 shall be priced as set forth in Section 2.6.1 and shall be billed and payable pursuant to Article 3.
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Related to Rights and Obligations of Performing Buyer after Buyer Payment Failure

  • CONDITIONS PRECEDENT TO THE OBLIGATIONS OF SELLER The obligation of Seller to proceed with any Closing under this Agreement is subject to the fulfillment prior to or at the time of Closing of the following conditions with respect to Purchaser, any one or more of which may be waived in whole or in part by Seller:

  • Conditions Precedent to the Obligations of Purchaser The obligations of Purchaser to consummate the transactions contemplated by this Agreement are subject to the fulfillment, on or prior to the Closing Date, of each of the following conditions, any of which may be waived in writing by Purchaser in its sole discretion:

  • Conditions Precedent to the Obligations of Sellers The obligation of Sellers to consummate the transactions contemplated by this Agreement is subject to the satisfaction (or waiver by Seller) at or prior to the Closing Date of each of the following conditions:

  • Conditions to the Obligations of Purchaser The obligations of Purchaser to consummate the transactions contemplated hereby to occur at the Closing are subject to the satisfaction of each the following conditions, unless waived in whole or in part in writing by Purchaser:

  • Additional Conditions to the Obligations of Parent and Merger Sub The obligations of Parent and Merger Sub to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by Parent:

  • CONDITIONS PRECEDENT TO THE OBLIGATIONS OF BUYER All obligations of Buyer under this Agreement are subject to the fulfillment, prior to or at the Closing, of each of the following conditions, any or all of which may be waived in whole or in part in writing by Buyer:

  • Conditions Precedent to the Obligation of Seller to Close The obligation of Seller to consummate the transactions contemplated by this Agreement is subject to the fulfillment, prior to or on the Closing Date, of each of the following conditions precedent, any one or more of which may be waived by Seller in writing:

  • Conditions to the Obligations of Buyer The obligation of Buyer to consummate the transactions contemplated by this Agreement is subject to the satisfaction of the following conditions, any one or more of which may be waived in writing by Buyer:

  • Conditions to the Seller’s Obligations The obligations of the Seller to consummate the transactions contemplated by this Agreement are subject to the satisfaction at or prior to the Closing (and shall remain satisfied at and as of the Closing) of the following additional conditions, any of which may be waived by the Seller in its sole discretion, in whole or in part:

  • Conditions to the Obligations of Seller The obligation of Seller to consummate the transactions contemplated by this Agreement is subject to the satisfaction of the following conditions, any one or more of which may be waived in writing by Seller:

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