Kinergy definition

Kinergy means Kinergy Marketing, LLC, an Oregon limited liability company.

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Kinergy has the meaning given to such term in the preamble hereto.

Kinergy. “Pacific Ethanol Stockton,” “Illinois Corn Processing,” “ICP,” “Driven by Demand” or “Pacific Ag” names or marks, the “Alto Ingredients” logo, or any other name or ▇▇▇▇ owned or controlled by Seller or any of its Affiliates, or any name or ▇▇▇▇ that is similar to, derived from or embodies any of the foregoing. For the avoidance of doubt, the name “Pacific Ethanol” and the logo are registered trademarks of Seller Parent, and Seller Parent reserves all of its rights therein. Notwithstanding the foregoing, Seller Parent agrees to change the name of Seller promptly after Closing to a name that does not include the words “pacific” or “ethanol,” and Seller Parent agrees that it shall not use its “Pacific Ethanol” trademark in connection with any carbon capture and sequestration venture within forty (40) miles of the Facility.

Examples of Kinergy in a sentence

Accessity, PEI, Kinergy and ReEnergy desire to amend certain provisions of the Share Exchange Agreement.
When such netting occurs, for purposes of this Agreement, for all Bilateral Transactions that have been subject to such netting arrangements, Kinergy shall be deemed to have paid amounts owed by it and to have received amounts owed to it.
Notwithstanding the foregoing, such limitations on liability shall not apply with respect to any net loss, damage or liability resulting from or arising out of the gross negligence or willful misconduct of Kinergy.
All such policies are in full force and effect, insure against risks and liabilities to the extent and in the manner deemed appropriate and sufficient by Kinergy in its reasonable business judgment, and Kinergy has not received any notice of cancellation with respect thereto.
If any amount is ultimately determined to be due to or permitted to be set-off by the Project Company or Kinergy (as the case may be), to the extent not previously paid or set-off, (a) Kinergy shall pay such amount to the Project Company within five Business Days of such determination or (b) Kinergy may then set-off such amount (as the case may be).
The Parties acknowledge that the quality and quantity of Ethanol may degrade or shrink after such Ethanol is delivered by Project Company to Kinergy at such delivery point, and the Parties acknowledge that the risk of such degradation or shrinkage and all other risk of loss shall be borne by Kinergy.
Title to, risk of loss with respect to and the obligation to transport such Ethanol shall pass from Project Company to Kinergy at such delivery point.
Such summary shall specify, among other things, (i) the amount of Ethanol sold by Kinergy under Bilateral Transactions during such month, (ii) the Third Parties which entered into such Bilateral Transactions and the amount of Ethanol purchased thereby, and (iii) whether and to the extent any such Third Parties or Kinergy breached its obligations under any such Bilateral Transactions.
Title to, risk of loss with respect to and the obligation to transport such Ethanol shall pass from the Project Company to Kinergy at such delivery point.
This Agreement constitutes the legal, valid and binding obligation of such Kinergy Member, enforceable against such Kinergy Member in accordance with its terms.

More Definitions of Kinergy

Kinergy. MEMBER SIGNATURE PAGE TO AMENDMENT NO. 1 TO SHARE EXCHANGE AGREEMENT

Kinergy shall have the meaning set forth in the introductory paragraph hereto and shall include such Person’s successors and assigns permitted hereunder.