Throughput Agreements Sample Clauses

Throughput Agreements. Notwithstanding the fact that neither Grantor nor Xxxxx is a party to the Throughput Agreement in effect as of the date of this Agreement, for the purpose of this Agreement, (a) Grantor agrees to be bound by the terms of the Throughput Agreement to which ____________________ is bound, and (b) ____________________ agrees to be bound by the terms of the Throughput Agreement to which ____________________ is bound. Grantor and Xxxxx acknowledge that (i) Grantor is a wholly-owned subsidiary of ____________________, (ii) ____________________ is a wholly-owned subsidiary of Xxxxx, and (iii) the Throughput Agreement governs the operation of the pipelines that constitute a portion of the collateral under the Xxxxx Mortgage, and, as a result, both Grantor and Xxxxx will receive substantial benefit in connection with the Throughput Agreement. [REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.]
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Throughput Agreements. Notwithstanding the fact that neither Grantor nor Beneficiary is a party to the Throughput Agreement in effect as of the date of this Deed of Trust, for purposes of this Deed of Trust, (a) Grantor agrees to be bound by the terms of the Throughput Agreement to which ____________________ is bound, and (b) by accepting this Deed of Trust, Beneficiary agrees to be bound by the terms of the Throughput Agreement to which ____________________is bound. Grantor acknowledges, and by accepting this Deed of Trust Beneficiary acknowledges, that (i) Grantor is a wholly-owned subsidiary of ____________________, (ii) ____________________ is a wholly-owned subsidiary of Beneficiary, and (iii) the Throughput Agreement governs the operation of the Assets that constitute a portion of the collateral under this Deed of Trust, and, as a result, both Grantor and Beneficiary will receive substantial benefit in connection with the Throughput Agreement. [NOTE: This paragraph is subject to revision or deletion to account for the parties to the applicable Throughput Agreement.] WITNESS THE EXECUTION HEREOF as of the date first above written. ____________________ By: ____________________, its ____________ By: Name: Title: EMPLOYER IDENTIFICATION NUMBER OF GRANTOR: ____________________ ORGANIZATIONAL NUMBER OF GRANTOR: ____________________ Signature Pages — Subordinated Mortgage THE STATE OF __________ § § COUNTY OF ____________ § This instrument was acknowledged before me on ____________________, 201__, by ____________________, ____________________of ____________________, a ____________________, ____________________of ____________________, a ____________________, on behalf of said ___________________. Notary Public, State of __________ My Commission Expires: Acknowledgment Pages — Subordinated Mortgage EXHIBIT A ASSETS EXHIBIT B REAL PROPERTY ATTACHMENT 1 FORM OF SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT After recording, return to: ____________________ ____________________ ____________________ ____________________ SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT This Subordination, Non-Disturbance and Attornment Agreement (this “Agreement”) is executed effective as of December ___, 201__, among ____________________, in its capacity as administrative agent (or any assignee of or successor to such administrative agent) under the Credit Agreement (as defined below) and on behalf of the Credit Parties (as defined below) (“Administrative Agent”), and ___________________...
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Throughput Agreements. Notwithstanding the fact that neither Grantor nor Beneficiary is a party to the Throughput Agreement in effect as of the date of this Deed of Trust, for purposes of this Deed of Trust, (a) Grantor agrees to be bound by the terms of the Throughput Agreement to which HEP Operating is bound, and (b) by accepting this Deed of Trust, Beneficiary agrees to be bound by the terms of the Throughput Agreement to which Navajo Refining is bound. Xxxxxxx acknowledges, and by accepting this Deed of Trust Beneficiary acknowledges, that (i) Grantor is a wholly-owned subsidiary of HEP Operating, (ii) Navajo Refining is a wholly-owned subsidiary of Beneficiary, and (iii) the Throughput Agreement governs the operation of the Pipelines that constitute a portion of the collateral under this Deed of Trust, and, as a result, both Grantor and Beneficiary will receive substantial benefit in connection with the Throughput Agreement. WITNESS THE EXECUTION HEREOF as of the date first above written. ROADRUNNER PIPELINE, L.L.C. By: XXXXX ENERGY PARTNERS — OPERATING, L.P., its sole member By: HEP LOGISTICS GP, L.L.C., its general partner By: XXXXX ENERGY PARTNERS, L.P., its sole member By: HEP LOGISTICS HOLDINGS, L.P., its general partner By: XXXXX LOGISTIC SERVICES, L.L.C., its general partner By: Xxxxx X. Xxxxx, Senior Vice President EMPLOYER IDENTIFICATION NUMBER OF GRANTOR: 00-0000000 ORGANIZATIONAL NUMBER OF GRANTOR: 4558001 Signature Page — Subordinated Mortgage (Roadrunner — New Mexico) THE STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on , 2009, by Xxxxx X. Xxxxx, Senior Vice President of Xxxxx Logistic Services, L.L.C., a Delaware limited liability company, general partner of HEP Logistics Holdings, L.P., a Delaware limited partnership, general partner of Xxxxx Energy Partners, L.P., a Delaware limited partnership, sole member of HEP Logistics GP, L.L.C., a Delaware limited liability company, general partner of Xxxxx Energy Partners — Operating, L.P., a Delaware limited partnership, sole member of Roadrunner Pipeline, L.L.C., a Delaware limited liability company, on behalf of said limited liability companies and limited partnerships. Notary Public, State of Texas My Commission Expires: Acknowledgment Pages — Subordinated Mortgage (Roadrunner — New Mexico) EXHIBIT A PIPELINE FEE LAND None. EXHIBIT B PIPELINE LEASES None EXHIBIT C PIPELINE EASEMENTS AND GRANTS ROADRUNNER — NEW MEXICO Original Document Recording Original Grantor Grantee Document ...
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Throughput Agreements. Each of the Parties acknowledges and agrees that Blackjewel is providing certain coal handling, storage, processing, and loading services to Counterparty pursuant to the Throughput Agreements and that the Loading Fee (as defined in the Throughput Agreements) is included in the Base Price stated in any Confirmation. Notwithstanding anything to the contrary in the Agreement or any Throughput Agreement, each of the Parties acknowledges and agrees that the Loading Fee shall be Three Dollars ($3.00) per ton and the Parties shall negotiate in good faith after the date hereof to promptly amend and restate the applicable Throughput Agreements (or enter into new Throughput Agreements) to reflect such Loading Fee and the other terms of the Agreement.
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Throughput Agreements. 39 Section 5.8 No Material Adverse Change . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Section 5.9 Title Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Section 5.10 Subsidiary Partnership Debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Section 5.11 Subsidiary Partnership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Section 5.12. Right-of-Way Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
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Throughput Agreements. There shall be included in the Material Contracts with respect to each of the Jacksonville, Piney Point, Farragut Street, and Brunswick Terminals throughput agreements for petroleum products with SPC or some other financially sound Person reasonably acceptable to Purchaser in the form attached as Exhibit 5.7, which shall be executed and become effective by Closing.
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Throughput Agreements. Notwithstanding the fact that Xxxxx is not a party to the Throughput Agreement in effect as of the date of this Agreement, for the purpose of this Agreement, Xxxxx agrees to be bound by the terms of the Throughput Agreement to which Frontier Refining is bound. Xxxxx acknowledges that (i) Frontier Refining is a wholly-owned subsidiary of Xxxxx, and (ii) the Throughput Agreement governs the operation of the pipelines that constitute a portion of the collateral under the Xxxxx Mortgage, and, as a result, Xxxxx will receive substantial benefit in connection with the Throughput Agreement. [REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.]
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Throughput Agreements. Notwithstanding the fact that Xxxxx is not a party to the Throughput Agreement in effect as of the date of this Agreement, for the purpose of this Agreement, Xxxxx agrees to be bound by the terms of the Throughput Agreement to which Frontier El Dorado is bound. Xxxxx acknowledges that (i) Frontier El Dorado is a wholly-owned subsidiary of Xxxxx, and (ii) the Throughput Agreement governs the operation of the pipelines that constitute a portion of the collateral under the Xxxxx Mortgage, and, as a result, Xxxxx will receive substantial benefit in connection with the Throughput Agreement.
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Related to Throughput Agreements

  • Interconnection Agreement On or before December 31, 2015, Wholesale Market Participant must enter into an Interconnection Agreement with the Transmission Owner in order to effectuate the WMPA. Wholesale Market Participant shall demonstrate the occurrence of each of the foregoing milestones to Transmission Provider’s reasonable satisfaction. Transmission Provider may reasonably extend any such milestone dates, in the event of delays that Wholesale Market Participant (i) did not cause and (ii) could not have remedied through the exercise of due diligence. If (i) the Wholesale Market Participant suspends work pursuant to a suspension provision contained in an interconnection and/or construction agreement with the Transmission Owner or (ii) the Transmission Owner extends the date by which Wholesale Market Participant must enter into an interconnection agreement relative to this WMPA, and (iii) the Wholesale Market Participant has not made a wholesale sale under this WMPA, the Wholesale Market Participant may suspend this WMPA by notifying the Transmission Provider and the Transmission Owner in writing that it wishes to suspend this WMPA, with the condition that, notwithstanding such suspension, the Transmission System shall be left in a safe and reliable condition in accordance with Good Utility Practice and Transmission Provider’s safety and reliability criteria. Wholesale Market Participant’s notice of suspension shall include an estimated duration of the suspension period and other information related to the suspension. Pursuant to this section 3.1, Wholesale Market Participant may request one or more suspensions of work under this WMPA for a cumulative period of up to a maximum of three years. If, however, the suspension will result in a Material Modification as defined in Part I, Section 1.18A.02 of the Tariff, then such suspension period shall be no greater than one (1) year. If the Wholesale Market Participant suspends this WMPA pursuant to this Section 3.1 and has not provided written notice that it will exit such suspension on or before the expiration of the suspension period described herein, this WMPA shall be deemed terminated as of the end of such suspension period. The suspension time shall begin on the date the suspension is requested or on the date of the Wholesale Market Participant’s written notice of suspension to Transmission Provider, if no effective date was specified. All milestone dates stated in this Section 3.1 shall be deemed to be extended coextensively with any suspension period permitted pursuant to this provision.

  • Landlord and Storage Agreements Upon request, provide Agent with copies of all existing agreements, and promptly after execution thereof provide Agent with copies of all future agreements, between an Obligor and any landlord, warehouseman, processor, shipper, bailee or other Person that owns any premises at which any Collateral may be kept or that otherwise may possess or handle any Collateral.

  • Service Agreements Manager shall negotiate and execute on behalf of Owner such agreements which Manager deems necessary or advisable for the furnishing of utilities, services, concessions and supplies, for the maintenance, repair and operation of the Property and such other agreements which may benefit the Property or be incidental to the matters for which Manager is responsible hereunder.

  • Supply Agreements For a period of three years from the consummation of the IPO, Odetics shall not unilaterally terminate or assign its guarantee obligation with respect to any supply agreement pursuant to which it has guaranteed the performance by ATL of ATL's obligations, unless such suppliers have consented to the termination or assignment of such guarantee.

  • Reciprocal Easement Agreements (a) Neither Borrower, nor any other party is currently in default (nor has any notice been given or received with respect to an alleged or current default) under any of the terms and conditions of the REA, and the REA remains unmodified and in full force and effect;

  • Property Management Agreement The Property Management Agreement is in full force and effect and, to Borrower's Knowledge, there are no defaults thereunder by any party thereto and no event has occurred that, with the passage of time and/or the giving of notice would constitute a default thereunder.

  • Dark Fiber Transport Dark Fiber Transport is defined as Dedicated Transport that consists of unactivated optical interoffice transmission facilities without attached signal regeneration, multiplexing, aggregation or other electronics. Except as set forth in Section 6.9.1 below, BellSouth shall not be required to provide access to Dark Fiber Transport Entrance Facilities pursuant to this Agreement.

  • Project Agreements Provided that where the company commences work on a project where a site agreement exists to which the company is contractually obligated or where a site agreement exists between the union and the client or their agent that provides for higher rates of pay and conditions, the conditions contained in any such site agreement will take precedence over this Agreement for the duration of the project.

  • Transportation Services i) In the event that transportation services for a student served by CONTRACTOR pursuant to an Individual Services Agreement are to be provided by a party other than CONTRACTOR or the LEA or its transportation providers, such services shall be reflected in a separate agreement signed by the parties hereto, and provided to the LEA and SELPA Director by the CONTRACTOR. Except as provided below, CONTRACTOR shall compensate the transportation provider directly for such services, and shall charge the LEA for such services at the actual and reasonable rates billed by the transportation provider, plus a ten percent (.10) administrative fee, unless a “flat rate” is provided in the transportation contract. In the event that the transportation provider notifies the LEA or SELPA Director that CONTRACTOR is more than 90 days behind in payment for transportation services, LEA shall have the right, in its sole and exclusive discretion, but not the obligation, to make payment for such services directly to the transportation provider, and to deduct such payments from any sums owed to CONTRACTOR pursuant to this Master Contract and any Individual Services Agreement between the parties. In the event that the LEA makes direct payment of the transportation provider’s charges, it shall be entitled to withhold both the transportation charges themselves and such additional amount as shall be reasonably necessary to compensate the LEA for the staff and other costs incurred in making direct payment of those charges. The remedies provided to the LEA pursuant to this Paragraph shall not be exclusive. CONTRACTOR shall not include transportation through the use of services or equipment owned, leased or contracted through the LEA unless expressly provided in the Individual Services Agreement for the student transported.

  • Parties to Lock-Up Agreements The Company has furnished to the Underwriters a letter agreement in the form attached hereto as Exhibit A (the “Lock-up Agreement”) from each of the persons listed on Exhibit B. Such Exhibit B lists under an appropriate caption the directors and executive officers of the Company. If any additional persons shall become directors or executive officers of the Company prior to the end of the Company Lock-up Period (as defined below), the Company shall cause each such person, prior to or contemporaneously with their appointment or election as a director or executive officer of the Company, to execute and deliver to the Representatives a Lock-up Agreement.

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