Throughput Agreements Sample Clauses
A Throughput Agreement is a contractual arrangement that obligates one party to process or transport a specified minimum quantity of goods or materials through a facility or system over a defined period. Typically used in industries such as energy, utilities, or manufacturing, these agreements ensure that pipelines, plants, or terminals receive a steady flow of product, with the customer often paying for the agreed capacity regardless of actual usage. The core practical function of a Throughput Agreement is to provide financial certainty and operational stability for both parties by guaranteeing a baseline level of activity and revenue, thereby mitigating the risk of underutilization.
Throughput Agreements. Notwithstanding the fact that neither Grantor nor ▇▇▇▇▇ 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 ▇▇▇▇▇ acknowledge that (i) Grantor is a wholly-owned subsidiary of ____________________, (ii) ____________________ is a wholly-owned subsidiary of ▇▇▇▇▇, and (iii) the Throughput Agreement governs the operation of the pipelines that constitute a portion of the collateral under the ▇▇▇▇▇ Mortgage, and, as a result, both Grantor and ▇▇▇▇▇ will receive substantial benefit in connection with the Throughput Agreement.
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: ____________________ 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: After recording, return to: ____________________ ____________________ ____________________ ____________________ 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 ____________________, a ____________________ (“▇▇▇▇▇”).
Throughput Agreements. Notwithstanding the fact that ▇▇▇▇▇ is not a party to the Throughput Agreement in effect as of the date of this Agreement, for the purpose of this Agreement, ▇▇▇▇▇ agrees to be bound by the terms of the Throughput Agreement to which Frontier El Dorado is bound. ▇▇▇▇▇ acknowledges that (i) Frontier El Dorado is a wholly-owned subsidiary of ▇▇▇▇▇, and (ii) the Throughput Agreement governs the operation of the pipelines that constitute a portion of the collateral under the ▇▇▇▇▇ Mortgage, and, as a result, ▇▇▇▇▇ will receive substantial benefit in connection with the Throughput Agreement.
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.
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.
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. ▇▇▇▇▇▇▇ 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. By: ▇▇▇▇▇ ENERGY PARTNERS — OPERATING, L.P., its sole member By: HEP LOGISTICS GP, L.L.C., its general partner By: ▇▇▇▇▇ ENERGY PARTNERS, L.P., its sole member By: HEP LOGISTICS HOLDINGS, L.P., its general partner By: ▇▇▇▇▇ LOGISTIC SERVICES, L.L.C., its general partner By: ▇▇▇▇▇ ▇. ▇▇▇▇▇, Senior Vice President EMPLOYER IDENTIFICATION NUMBER OF GRANTOR: ▇▇-▇▇▇▇▇▇▇ ORGANIZATIONAL NUMBER OF GRANTOR: 4558001 THE STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on , 2009, by ▇▇▇▇▇ ▇. ▇▇▇▇▇, Senior Vice President of ▇▇▇▇▇ 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 ▇▇▇▇▇ 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 ▇▇▇▇▇ 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: None. None ▇▇▇▇▇▇ #2 Family Limited Partnership Roadrunner Pipeline, L.L.C. Pipeline Right of Way & Easement 6/8/2009 7/2/2009 Lea, NM 1638/499 ▇▇▇ ▇▇▇▇▇▇ Trust Roadrunner Pipeline, L.L.C. Pipeline Right of Way & Easement 4/28/2009 5/5/2009 Lea, NM 1630/109 TGD Limited Partnership Roadrunner Pipeline, L.L.C. Pipeline Right of Way & Easement 4/27/2009 5/...
Throughput Agreements. Notwithstanding the fact that ▇▇▇▇▇ is not a party to the Throughput Agreement in effect as of the date of this Agreement, for the purpose of this Agreement, ▇▇▇▇▇ agrees to be bound by the terms of the Throughput Agreement to which Frontier Refining is bound. ▇▇▇▇▇ acknowledges that (i) Frontier Refining is a wholly-owned subsidiary of ▇▇▇▇▇, and (ii) the Throughput Agreement governs the operation of the pipelines that constitute a portion of the collateral under the ▇▇▇▇▇ Mortgage, and, as a result, ▇▇▇▇▇ will receive substantial benefit in connection with the Throughput Agreement.
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