Product Supply Agreement Sample Contracts

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AMENDED AND RESTATED ON-SITE PRODUCT SUPPLY AGREEMENT BETWEEN THE BOC GROUP, INC. AND COFFEYVILLE RESOURCES NITROGEN FERTILIZERS, LLC DATED AS OF June 1, 2005
Product Supply Agreement • January 28th, 2011 • CVR Partners, Lp • Agricultural chemicals • Kansas

THIS AMENDED AND RESTATED ON-SITE PRODUCT SUPPLY AGREEMENT (“Agreement”), made and effective as of the 1st day of June, 2005, by and between THE BOC GROUP, INC., a Delaware corporation, acting by and through its BOC Gases Division (“BOC”), COFFEYVILLE RESOURCES NITROGEN FERTILIZERS, LLC, a Delaware limited liability company (“Coffeyville Resources”).

PORTIONS OF THIS EXHIBIT DENOTED WITH THREE ASTERISKS [***] HAVE BEEN EXCLUDED FROM THIS EXHIBIT BECAUSE THEY (I) ARE NOT MATERIAL, AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED ON-SITE PRODUCT SUPPLY AGREEMENT
Product Supply Agreement • August 4th, 2020 • CVR Energy Inc • Petroleum refining • Texas

THIS ON-SITE PRODUCT SUPPLY AGREEMENT (“Agreement”) is dated as of the Effective Date, between Messer LLC, a Delaware limited liability company (“Messer”), and Coffeyville Resources Nitrogen Fertilizers, LLC, a Delaware limited liability company (“Coffeyville Resources”). Capitalized terms are defined in this Agreement or the Appendices and Exhibits to this Agreement. Messer and Coffeyville Resources are each referred to as a “Party” and collectively as the “Parties.”

Product Supply Agreement
Product Supply Agreement • February 8th, 2021

This product supply agreement is between Worthy Domes, L3C, a(n) Puerto Rico low-profit, limited liability company (the "Supplier") and FERRUM IV, a(n) Texas limited liability company (the "Buyer").

PRODUCT SUPPLY AGREEMENT
Product Supply Agreement • July 29th, 2008 • Mosaic Co • Agricultural chemicals

On the one hand, the SUPPLIER, namely MOSAIC FERTILIZANTES DO BRASIL S.A., with its principal offices at Avenida Morumbi, 8234, 3º andar, CNPJ no. 61.156.501/0001-56, IE no. 103.693.373.118, here represented according to its articles of incorporation; and on the other hand, the PURCHASER, namely CARGILL AGRÍCOLA S.A., with its principal offices at Avenida Morumbi, 8234, CNPJ no. 60.498.706/0001-57 and IE no. 104.871.489.118, here represented according to its articles of incorporation and hereinafter simply called the PURCHASER, hereby agree to the following:

THIRD AMENDMENT TO PRODUCT SUPPLY AGREEMENT
Product Supply Agreement • July 16th, 2021 • Fresh Market Holdings, Inc. • Retail-grocery stores

This Third Amendment to Product Supply Agreement (this “Amendment”) is made and entered into as of October , 2018 (the “Third Amendment Effective Date”), by and among SUPERVALU WHOLESALE OPERATIONS, INC., a Delaware corporation (successor-in-interest to SUPERVALU INC., a Delaware corporation), in its individual capacity and as agent for any other entity that, directly or indirectly, is owned or controlled by SUPERVALU Wholesale Operations, Inc.) (“Supplier”), and THE FRESH MARKET, INC., a Delaware corporation (“TPM”).

Confidential information redacted and filed separately with the Commission. Omitted portions are indicated by [*]. AMENDED BRANDED PRODUCT SUPPLY AGREEMENT
Product Supply Agreement • September 1st, 2005 • Mattress Holding Corp. • Retail-furniture stores

This Amended Branded Product Supply Agreement (this "Agreement") is entered into as of November 12, 2003, by and between Sealy Mattress Company ("Sealy"), an Ohio corporation with offices at One Office Parkway Trinity, North Carolina 27370, and Mattress Firm, Inc. ("MFI"), a Delaware corporation (formerly known as MMA Acquisition Company, Inc.) with offices at 5815 Gulf Freeway Houston, Texas 77023.

Product Supply Agreement Signed with MGC Pharma
Product Supply Agreement • January 19th, 2020

• MGC Pharma (ASX:MXC) and THC Global to partner on supply of formulated medicinal cannabis products for Australian patients and the global export market

SECOND AMENDMENT TO PRODUCT SUPPLY AGREEMENT
Product Supply Agreement • July 16th, 2021 • Fresh Market Holdings, Inc. • Retail-grocery stores

This Second Amendment to Product Supply Agreement (this “Amendment”) is made and entered into as of the 13th day of June, 2017 (the “Effective Date”), by and among SUPERVALU INC., a Delaware corporation, in its individual capacity and as agent for any other entity that, directly or indirectly, is owned or controlled by SUPERVALU INC.) (“Supplier”), and THE FRESH MARKET, INC., a Delaware corporation (“TFM”).

PRODUCT SUPPLY AGREEMENT
Product Supply Agreement • November 20th, 2012 • Micron Technology Inc • Semiconductors & related devices • Delaware

This Product Supply Agreement (this “Agreement”) is made and entered into as of this 6th day of April, 2012 (the “Effective Date”), by and between Intel Corporation, a Delaware corporation (“Intel”), Micron Semiconductor Asia Pte. Ltd., a Singapore corporation (“MSA”) and Micron Technology, Inc., a Delaware corporation (“MTI” and, together with MSA, collectively, “Micron”). Each of Intel, MSA and MTI may be referred to herein individually as a “Party” and collectively as the “Parties”.

Certain confidential information contained in this exhibit was omitted by means of redacting a portion of the text and replacing it with [***], pursuant to Regulation S-K Item 601(b) of the Securities Act of 1933, as amended. Certain confidential...
Product Supply Agreement • July 16th, 2021 • Fresh Market Holdings, Inc. • Retail-grocery stores • Delaware

THIS PRODUCT SUPPLY AGREEMENT (this “Agreement”) is made and entered into as of this 12th day of August, 2016 (the “Effective Date”), by and among SUPERVALU INC., a Delaware corporation, in its individual capacity and as agent for any other entity that, directly or indirectly, is owned or controlled by SUPERVALU INC.) (“Supplier”), and THE FRESH MARKET, INC., a Delaware corporation (“TFM”).

Contract
Product Supply Agreement • August 24th, 2016
PRODUCT SUPPLY AGREEMENT
Product Supply Agreement • March 21st, 2007 • MRS Fields Famous Brands LLC • Retail-food stores • Utah

THIS AGREEMENT (the “Agreement”) is made and entered into this 5th day of December, 2006, by and between Yarnell Ice Cream Company, Inc., an Arkansas corporation (the “Processor”) and TCBY Systems, LLC, a Delaware limited liability company (the “Company”).

PRODUCT SUPPLY AGREEMENT
Product Supply Agreement • April 20th, 2011 • China Nepstar Chain Drugstore Ltd. • Retail-drug stores and proprietary stores

This Product Supply Agreement (hereinafter referred to as this “Agreement”) is entered into by and between the following parties on August 18, 2009 in Shenzhen:

PORTIONS OF THIS EXHIBIT DENOTED WITH THREE ASTERISKS [***] HAVE BEEN EXCLUDED FROM THIS EXHIBIT BECAUSE THEY (1) ARE NOT MATERIAL AND FIRST AMENDMENT TO ON- SITE PRODUCT SUPPLY AGREEMENT
Product Supply Agreement • February 23rd, 2022 • CVR Energy Inc • Petroleum refining

This FIRST AMENDMENT TO ON-SITE PRODUCT SUPPLY AGREEMENT (“Amendment”) is between Coffeyville Resources Nitrogen Fertilizers, LLC, a Delaware limited liability company (“Coffeyville Resources”), and Messer LLC, a Delaware limited liability company (“Messer”), and is effective on the date that the last Party signs this Amendment.

FIRST AMENDMENT TO THE PRODUCT SUPPLY AGREEMENT
Product Supply Agreement • April 1st, 2010 • Mosaic Co • Agricultural chemicals

This private agreement is hereby lawfully entered by MOSAIC DE ARGENTINA SOCIEDA ANONIMA; MOSAIC FERTILIZANTES DO BRASIL S.A.; and CARGILL AGROPECUARIA S.A.C.I.; all duly identified to each other, and they do hereby covenant and agree to this amendment to THE PRODUCT SUPPLY AGREEMENT, signed on January 20, 2009, according to the following clauses and conditions:

PRODUCT SUPPLY AGREEMENT
Product Supply Agreement • March 9th, 2012 • Annie's, Inc. • Food and kindred products • New York

This PRODUCT SUPPLY AGREEMENT (this “Agreement”) is entered into and effective as of November 1, 2011 (the “Effective Date”) by and between Annie’s Homegrown, Inc., a Delaware corporation with its principal offices located at 1610 Fifth Street, Berkeley, CA 94710 (“Annie’s”), and DairiConcepts, L.P., a Delaware limited partnership with its principal offices located at 3253 East Chestnut Expressway, Springfield, Missouri 65802 (“DC”) (each of Annie’s and DC, a “Party” and together the “Parties”).

EXHIBIT 10.2
Product Supply Agreement • May 10th, 2006 • King Pharmaceuticals Inc • Pharmaceutical preparations • New York
RECITALS
Product Supply Agreement • May 13th, 1997 • Doughties Foods Inc • Sausages & other prepared meat products • Virginia
FORM OF PRODUCT SUPPLY AGREEMENT
Product Supply Agreement • August 19th, 2010 • GrafTech Holdings Inc. • Electrical industrial apparatus • New York

Product Supply Agreement (this “Agreement”) dated as of [ ], 2010, between, SEADRIFT COKE L.P., a limited partnership organized under the laws of the State of Texas with offices at 8618 State Highway 185 North, Port Lavaca, Texas 77979 (“Seller”), and C/G ELECTRODES, LLC, a Delaware limited liability corporation with offices at 800 Theresia Street, Saint Marys, Pennsylvania 15857 (“Buyer” and, together with Seller, individually, a “Party” and collectively, the “Parties”), for the sale and purchase of calcined petroleum needle coke (“Coke”) produced at Seller’s facility in Port Lavaca, Texas.

PRODUCT SUPPLY AGREEMENT
Product Supply Agreement • June 4th, 2007 • AeroGrow International, Inc. • Retail-building materials, hardware, garden supply • Nevada

This Product Supply Agreement (this “Agreement”) is entered into as of May 30, 2007 (the “Effective Date”), by and between Aerogrow International, Inc, a corporation, organized under the laws of Nevada and having its principal place of business at 6075 Longbow Drive, Boulder, Colorado 80301 (“Supplier”), and Global Infomercial Services, Inc., a corporation organized and existing under the laws of Nevada and having its principal place of business at 10725 South Cicero Avenue, Suite 201, Oak Lawn, Illinois 60453 (“Distributor”). Supplier and Distributor are sometimes referred to individually as a “Party” and together as the “Parties”.

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PRODUCT SUPPLY AGREEMENT
Product Supply Agreement • April 4th, 2007 • Cantel Medical Corp • Surgical & medical instruments & apparatus

THIS PRODUCT SUPPLY AGREEMENT (this “Agreement”) is between GE OSMONICS, INC., a Minnesota corporation (“Seller”), and MAR COR PURIFICATION, INC., a Pennsylvania corporation (“Buyer”), with an effective date of March 30, 2007 (the “Effective Date”). Seller and Buyer are sometimes referred to herein as a “Party” or collectively as the “Parties.”

PRODUCT SUPPLY AGREEMENT
Product Supply Agreement • September 13th, 2006 • Obagi Medical Products, Inc. • New York

This PRODUCT SUPPLY AGREEMENT (the “Agreement”), dated as of December 8, 2005 (the “Effective Date”), between Triax Pharmaceuticals, LLC, a Delaware corporation, having its principal place of business at 20 Commerce, Cranford, NJ 07016 (“Triax”), and OMP, a Delaware corporation having its principal place of business at 310 Golden Shore, Long Beach, California (“OMP”) (OMP and Triax, each a “Party,” and collectively, the “Parties”).

SECOND AMENDMENT TO AMENDED AND RESTATED ON-SITE PRODUCT SUPPLY AGREEMENT
Product Supply Agreement • February 23rd, 2018 • CVR Partners, Lp • Agricultural chemicals

This Second Amendment to Amended and Restated On-Site Product Supply Agreement (this “Second Amendment”) is entered into effective as of October 1, 2017 (the “Second Amendment Effective Date”) by and between Linde LLC, a Delaware limited liability company and the successor in interest to Linde, Inc. (hereinafter called “Linde”), and Coffeyville Resources Nitrogen Fertilizers, LLC, a Delaware limited liability company (hereinafter called “Coffeyville Resources”).

PRODUCT SUPPLY AGREEMENT
Product Supply Agreement • July 17th, 2006 • M-Systems Flash Disk Pioneers LTD • Computer storage devices • New York

THIS PRODUCT SUPPLY AGREEMENT (this “Agreement”) dated as of August 22, 2005, by and between M-Systems Flash Disk Pioneers Ltd., an Israeli company (“M-Systems”) with registered office at 7 Atir Yeda St. Kfar Saba, 44425, Israel, and Hynix Semiconductor Inc., a Korean company with registered office at San136-1 Ami-ri Bubal-eub Icheon-si kyoungki-do 467-701 Korea (“Hynix”); Each of M-Systems and Hynix shall be referred to as a “Party” and collectively as the “Parties”.

RECITALS
Product Supply Agreement • March 26th, 2004 • Kos Pharmaceuticals Inc • Pharmaceutical preparations • New York
PRODUCT SUPPLY AGREEMENT
Product Supply Agreement • April 9th, 2009 • Mosaic Co • Agricultural chemicals

This agreement is entered into by and between MOSAIC DE ARGENTINA SOCIEDAD ANÓNIMA, herein represented by its legal representatives Sergio Garcia and Enrique Clausen, domiciled at Av. Leandro N. Alem 928 – 9º floor, Buenos Aires, Republica Argentina, MOSAIC FERTILIZANTES DO BRASIL S.A., herein represented in accordance to its articles of incorporation, domiciled at Avenida Morumbi, 8234, 3º andar, CNPJ no. 61.156.501/0001-56, IE no. 103.693.373.118, Sao Paulo, hereinafter and jointly referred to as “Mosaic”, and CARGILL BOLIVIA S.A., herein represented according to its articles of incorporation, domiciled at Caile Andres Manso 248, Santa Cruz, Bolivia, hereinafter referred to as “Cargill”; hereinafter jointly referred to as the “Parties” and, individually, as the “Party”, and they state as follows:

PRODUCT SUPPLY AGREEMENT
Product Supply Agreement • August 24th, 2022

This product supply agreement (the “Contract”) has been entered into on the date both Parties have signed this Contract as set out below (the “Effective Date”) by and between:

AMENDED AND RESTATED PRODUCT SUPPLY AGREEMENT
Product Supply Agreement • November 6th, 2009 • Obagi Medical Products, Inc. • Pharmaceutical preparations • New York

This AMENDED AND RESTATED PRODUCT SUPPLY AGREEMENT (the "Agreement"), is executed this 24th day of August 2009 (the "Effective Date"), between Triax Pharmaceuticals, LLC, a Delaware limited liability company, having its principal place of business at 11 Commerce, Cranford, NJ 07016 ("Triax"), and OMP, Inc., a Delaware corporation having its principal place of business at 3760 Kilroy Airport Way, Suite 500, Long Beach, CA 90806 ("OMP"; OMP and Triax, each a "Party," and collectively, the "Parties").

AMENDMENT NO. 3 to the PRODUCT SUPPLY AGREEMENT
Product Supply Agreement • March 5th, 2010 • Emergent BioSolutions Inc. • Pharmaceutical preparations • New York

This Amendment No. 3 (the "Amendment"), is entered into by and between Talecris Biotherapeutics, Inc., headquartered at 79 T.W. Alexander Drive, 4101 Research Commons, P.O. Box 110526, Research Triangle Park, North Carolina 27709 ("Talecris") and Emergent Product Development Gaithersburg Inc. with an address of 300 Professional Drive, Gaithersburg, MD 20879 ("Emergent" collectively, with Talecris, the "Parties," and each individually, a "Party"). All terms not defined herein shall have the meaning set forth in the Master Agreement (as defined below).

ON-SITE PRODUCT SUPPLY AGREEMENT BETWEEN THE BOC GROUP, INC. AND FARMLAND INDUSTRIES, INC.
Product Supply Agreement • February 11th, 2005 • Coffeyville Resources, Inc. • Kansas

THIS AGREEMENT, made as of the 3rd day of December, 1997, and effective as of the Effective Date (as defined below), by and between THE BOC GROUP, INC., a Delaware corporation, acting by and through its BOC Gases Division ("BOC"), and FARMLAND INDUSTRIES, INC., a Kansas cooperative corporation ("Farmland");

SUBSTRATE PRODUCT SUPPLY AGREEMENT
Product Supply Agreement • May 4th, 2007 • Komag Inc /De/ • Magnetic & optical recording media

This Product Supply Agreement (“Agreement”) is between Seagate Technology International (“Seagate”), Komag USA Malaysia Sdn. (“Komag Malaysia”) and Komag, Incorporated (“Komag” and collectively “Supplier”). The individuals signing this Agreement represent that they are authorized to sign on behalf of their companies.

THIRD AMENDMENT TO PRODUCT SUPPLY AGREEMENT
Product Supply Agreement • August 7th, 2018 • Andeavor Logistics Lp • Pipe lines (no natural gas)

This THIRD AMENDMENT TO PRODUCT SUPPLY AGREEMENT (this “Amendment”) is dated to be effective as of the 1st day of July, 2016, by and among (a) Western Refining Southwest, Inc., an Arizona corporation (“WRSW”), and Western Refining Company, L.P., a Delaware limited partnership (“WRCLP”), and (b) Western Refining Wholesale, LLC, a Delaware limited liability company (“Buyer”). WRSW and WRCLP are individually and collectively referred to as “Seller” and shall be jointly and severally liable for the obligations of Seller contained herein and, except as otherwise expressly contemplated in this Amendment, shall be treated for all purposes contained in this Amendment as a single Party. Seller and Buyer are individually referred to herein as “Party” and collectively as the “Parties”.

PRODUCT SUPPLY AGREEMENT
Product Supply Agreement • January 7th, 2005 • Transmontaigne Inc • Pipe lines (no natural gas) • New York

This Product Supply Agreement (this “Agreement”) is entered into this 4th day of November 2004 (the “Effective Date”) between Morgan Stanley Capital Group Inc. (“MSCG”), a Delaware corporation with offices located at 2000 Westchester Avenue, Floor 01, Purchase, New York 10577-2530, and TransMontaigne Product Services Inc. (“TPSI”), a Delaware corporation with offices located at 1670 Broadway, Suite 3100, Denver, Colorado 80202 (each of the foregoing referred to individually as a “Party” or collectively as the “Parties”).

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