Third Amended and Restated. Limited Liability Company Agreement of Fluence Energy, LLC, dated as of October 27, 2021. 2. Amended and Restated AES License Agreement, dated as of June 9, 2021, between Fluence Energy, LLC and AES Grid Stability LLC. 3. Amended and Restated AES License Agreement, dated as of June 9, 2021, between Fluence Energy, LLC and The AES Corporation. 4. Services Agreement, dated as of January 1, 2018, between The AES Corporation, Fluence Energy, LLC and such other companies as set forth therein. 5. Amended and Restated Storage Core Frame Purchase Agreement, dated as of the date hereof, between AES Grid Stability, LLC and Fluence Energy, LLC 6. Amended and Restated Company Name Affix and Trademark License Agreement, dated October 27, 2021, between The AES Corporation and Fluence Energy, LLC. 7. Amended and Restated Credit Support and Reimbursement Agreement, dated as of June 9, 2021, by and among Fluence Energy, LLC, The AES Corporation and Siemens Industry, Inc. Attachment A DESCRIPTION OF SUPPLIER’S BATTERY STORAGE EQUIPMENT AND SERVICES [to be added]
Third Amended and Restated. RIGHTS AGREEMENT Agreement, amended and restated as of January 30, 2003, between Intuit Inc., a Delaware corporation (the “Company”), and American Stock Transfer and Trust Company (the “Rights Agent”). On April 29, 1998, the Board of Directors of the Company authorized and declared a dividend of one preferred share purchase right (a “Right”) for each Common Share (as hereinafter defined) of the Company outstanding at the Close of Business (as hereinafter defined) on May 11, 1998 (the “Record Date”), each Right representing, as of the Record Date, the right to purchase one one-thousandth of a Preferred Share (as hereinafter defined), upon the terms and subject to the conditions herein set forth, and has further authorized and directed the issuance of one Right with respect to each Common Share that shall become outstanding (i) between the Record Date and the earliest of the Distribution Date, the Redemption Date and the Final Expiration Date (as such terms are hereinafter defined) or (ii) following the Distribution Date and prior to the Redemption Date or Final Expiration Date, pursuant to the exercise of stock options or under any employee plan or arrangement or upon the exercise, conversion or exchange of other securities of the Company, which options or securities were outstanding prior to the Distribution Date. On May 1, 1998, the Company and the Rights Agent entered into a Rights Agreement setting forth terms and conditions governing the Rights (the “Rights Agreement”), which Rights Agreement by its terms permitted the amendment of such Rights Agreement. On September 16, 1998, the Board of Directors of the Company authorized the amendment and restatement of the Rights Agreement. In September of 1999 the Company declared a dividend of two Common Shares on each Common Share that was outstanding on the record date of September 20, 1999, as a result of which, in accordance with the adjustment provisions of Section 11 of the Rights Agreement, each Right was adjusted to, and became, a right to purchase one-third of one one-thousandth (or 1/3000) of a Preferred Share at a Purchase Price of $83.33. On October 15, 1999, the Board of Directors of the Company authorized a second amendment and restatement of the Rights Agreement. On January 30, 2003, the Board of Directors of the Company authorized this third amendment and restatement of the Rights Agreement, which is this Agreement, and the amendments contained herein include, among other things, an amendment to ...
Third Amended and Restated. Gas Gathering Agreement
Third Amended and Restated. Gas Gathering Agreement for the Parties’ performance of their obligations under this Agreement, no further performance is required by either Party to effectuate the Real Property Dedication.
Third Amended and Restated. Gas Gathering Agreement reflecting any release of Dedicated Production or Dedicated Properties pursuant to this Section 2.4 or pursuant to the termination of this Agreement.
Third Amended and Restated. Gas Gathering Agreement described in the previous sentences of this clause (g) may (and shall, if requested by either Party) occur on a Monthly basis, including by telephone conference. At all such meetings, the Parties shall exchange updated information about their respective plans for the development and expansion of the Dedicated Properties and the System and shall have the opportunity to discuss and provide comments on the other Party’s plans.
Third Amended and Restated. Gas Gathering Agreement notice to Producer of the date on which Midstream Co expects to be ready, willing and able to begin providing Services to Producer no later than 45 Days prior to the expiration of the Third Party contract. In no event shall Producer be required to begin using, or resume using, as applicable, Services on a Day other than the first Day of a Month once Midstream Co is fully capable of performing the Services.
Third Amended and Restated. Gas Gathering Agreement and (ii) Midstream Co shall have the right to accept or reject such Tender of Product in its sole operational and commercial discretion.
Third Amended and Restated. Gas Gathering Agreement Producer desire to change the nomination during such Month, such change to the nomination shall be made in accordance with the nomination procedures of the applicable Downstream Facility. Product shall be delivered by Midstream Co in accordance with confirmation by the applicable Downstream Facility of the nomination or changes to the nomination.
Third Amended and Restated. Gas Gathering Agreement D = the number of Days during such Month; provided that, for illustrative purposes only: if A = 10,000, B = 10, C = 4,000, and D = 30, then the Curtailment Percentage for such Month would be 25%: = (1 – [ (10,000 / 10) / 4,000] ) x (10 / 30) = (1 – [ 1,000 / 4,000 ]) x 0.333 = (1-0.25) x 0.333 = 0.75 x 0.333 = 0.25 expressed as 25% (d) Reinjection Volumes and Buy-Back. Midstream Co shall ensure that the volumes on which a fee is charged (which would typically be the volumes measured at the applicable Measurement Point) shall not include the volumes used by or returned to Producer for use in connection with Producer’s lease operations (including Producer’s reservoir pressure maintenance operations) and water treatment facility operations. For the avoidance of doubt, Producer shall not pay the Individual Fee on gas used for lease and water treatment facility operations more than once, even if some portion of the gas reserved for such operations passes through the applicable Individual System more than once, whether as a result of reinjection, recycling, buy back or other similar operation.
