Offtake Agreement definition
Examples of Offtake Agreement in a sentence
Company and Consultant shall mutually agree the form of payment within five (5) business days following delivery of the applicable Offtake Agreement.
For the avoidance of doubt, termination of the Agreement shall not affect any rights or obligations that have accrued prior to the effective date of termination, including the obligation to issue or pay any Offtake Fee with respect to any Offtake Agreement delivered to Company prior to the effective date of such termination or any Tail Period Fee.
If Company and Consultant mutually agree to elect payment in cash (in whole or in part), Company shall pay the applicable portion of the Offtake Fee to Consultant (or its designee) by wire transfer of immediately available funds within ten (10) business days following Consultant’s delivery to Company of the fully executed Offtake Agreement.
The Parties hereby acknowledge and agree that Offtake Agreements may be entered into with a third-party counterparty, or alternatively with Consultant or any affiliate thereof, and that each shall be eligible to count toward the applicable offtake milestone; provided, however, that if the offtaker is Consultant or an affiliate of Consultant, such Offtake Agreement shall be on arm’s length commercial terms.
Company shall issue the Offtake Shares to Consultant (or its designee) promptly, and in no event later than five (5) business days, following Consultant’s delivery to Company of the fully executed Offtake Agreement.