Offtake Contracts definition
Examples of Offtake Contracts in a sentence
The proceeds of the Loans shall be used by the Borrower exclusively to finance costs incurred in the processing, warehousing and exporting of sugar cane and/or Goods used to fulfill its obligations under the Export Contracts and/or the Off-take Contracts.
On the Designated Date, the Facility Agent shall instruct the Security Trustee to release the Released Offtake Contracts from the Security created under the assignment of offtake contracts dated 14 September 2010 between MCAG and the Security Trustee.
The Borrower agrees (and has agreed with the Importer) that the payments to the Collection Account of amounts received from Eligible Off-takers in respect of Off-take Contracts to which the Importer is a party that are then applied against amounts due in respect of the Loans shall at the time of such application to the Loans constitute payments from the Importer to the Borrower in respect of the relevant Export Contracts pursuant to which such Goods were sold by the Borrower to the Importer.
While and so long as the Bonds remain Outstanding, the Company shall maintain Offtake Contracts having terms and conditions which, collectively, shall provide Company revenues sufficient to meet the minimum Senior Parity Coverage Requirement ratio of 125% for any Fiscal Year, commencing with the Fiscal Year ending December 31, 2023.
Within thirty (30) days after the end of each month (commencing with the first full month commencing after the Closing Date), updates on the status of the negotiation and execution of any Acceptable Additional Third Party Offtake Contracts.
For the avoidance of doubt, nothing in the Credit Documents shall limit the Lender’s nor its Affiliates’ rights under any other agreement with the Obligors or Subject Entities, including the Offtake Contracts.
The proceeds of such payments credited to the Collateral Agent’s Account shall be applied against the principal amount of the Loans and interest due thereon as set forth in paragraph (c) below and for these purposes the Borrower has obtained the Importer’s agreement that the Importer undertakes to repay the Loans on behalf of the Borrower pursuant to this mechanism to the extent of the amounts received under Off-take Contracts to which the Importer is a party.
The Borrower agrees (and has agreed with the Importer) that the payments to the Collateral Agent’s Account of amounts received from Eligible Off-takers in respect of Off-take Contracts to which the Importer is a party that are then applied against amounts due in respect of the Loans shall at the time of such application to the Loans constitute payments from the Importer to the Borrower in respect of the relevant Export Contracts pursuant to which such Goods were sold by the Borrower to the Importer.
For the avoidance of doubt, nothing in this provision shall impair or limit the restrictions on the Borrower and DOE’s consent rights set forth in Section 9.01 including, without limitation, restrictions on amending, modifying, supplementing, further renewing or extending the term of, or consenting to or waiving any right with respect to such Offtake Contract or entering into additional Offtake Contracts, in each case, without DOE’s prior written consent.
Collateral means the rights to payment under the Export Contracts, the rights to payment under the Off-take Contracts, the Export Receivables, the proceeds thereof and all of the other collateral described more fully in the Assignment and Security Agreement.