Upstream FM definition

Upstream FM as defined in Section 14.3.1;
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Upstream FM means any act, event or circumstance that is not reasonably within the control of and does not result from the fault or negligence of Seller, its Affiliates, or the operator of the affected Upstream Assets, that would not have been avoided or overcome by a Reasonable and Prudent Operator operating the affected Upstream Assets, and that, for at least seven (7) consecutive Days, results in the total daily quantity of Gas deliveries from the Upstream Assets prior to or at Liquid Trading Points being reduced from a quantity that was sufficient to meet or exceed the Threshold Quantity; where “Threshold Quantity” means a quantity equal to (a) the total daily quantity of feed Gas required at the Gas metering station of the Driftwood LNG Terminal to produce LNG for the Foundation Customers, multiplied by (b) one hundred five percent (105%). The non-availability or lack of economically obtainable gas reserves shall not constitute Upstream FM.
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Upstream FM means any act, event or circumstance that is not reasonably within the control of and does not result from the fault or negligence of Seller, its Affiliates, or the operator of the affected Upstream Assets, that would not have been avoided or overcome by a Reasonable and Prudent Operator operating the affected Upstream Assets, and that, for at least seven (7) consecutive Days, results in the total daily quantity of Gas deliveries from the Upstream Assets prior to or at Liquid Trading Points being reduced below a quantity equal to (a) the total daily quantity of feed Gas required at the Gas metering station of the Driftwood LNG Terminal to produce LNG for the Foundation Customers, multiplied by (b) one hundred five percent (105%). The non-availability or lack of economically obtainable gas reserves shall not constitute Upstream FM.
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Examples of Upstream FM in a sentence

  • The operator of the affected Upstream Assets shall not have any obligation to purchase any Gas in order to overcome or mitigate the effects of an event of Upstream FM.

  • Prior to resumption of normal performance, the Parties shall continue to perform their obligations under this Agreement to the extent not excused by such event of Force Majeure or event of Upstream FM.

  • The Term shall not be extended as a result of or by the duration of an event of Force Majeure or event of Upstream FM.

  • Seller and its Affiliates shall not have any obligation to purchase or take delivery of Gas or LNG to make available Upstream FM Cargoes, other than Gas to produce Upstream FM Cargoes that Buyer has elected to take on a Henry Hub basis pursuant to Section 14.3.4, in order to overcome or mitigate the effects of an event of Upstream FM.

  • The non-availability or lack of economically obtainable gas reserves shall not constitute Upstream FM.

  • Subject to Sections 14.3.2, 14.3.4 and 14.3.6, and irrespective of Seller’s ability to otherwise perform under this Agreement, Seller shall have no obligation to make available any cargo with a Delivery Window scheduled in the ADP or Ninety Day Schedule, as applicable, to occur during Upstream FM claimed by Seller (each such cargo, an “Upstream FM Cargo”).

  • For clarity, and without prejudice to Section 14.3.7, neither Party shall be obligated to claim Force Majeure or Upstream FM (as applicable) in respect of any particular event or circumstance, and neither Party shall be restricted from ending its claim of Force Majeure or Upstream FM (as applicable) regardless of any particular event or circumstance.

  • Other machineries Shearing with heavy shear, roller tables, cranes etc.

  • With respect to each Impaired Class of Equity Interests, Confirmation of the Plan requires that each holder of an Equity Interest either (i) accept the Plan or (ii) receive or retain under the Plan property of a value, as of the Effective Date, that is not less than the value such holder would receive or retain if the Debtors were liquidated under chapter 7 of the Bankruptcy Code.

  • In its notice, Seller shall specify each Upstream FM Cargo claimed at that time by Seller.

Related to Upstream FM

  • Upstream means carrying a transmission to the Headend from remote points on the Cable System or from Interconnection points on the Cable System.

  • Downstream Affiliate means an entity whose outstanding Voting Shares were, at the date of issuance of the Qualifying Guarantee, more than 50 per cent. owned, directly or indirectly, by the Reference Entity.

  • Upstream Payment a Distribution by a Subsidiary of a Borrower to such Borrower.

  • Downstream means carrying a transmission from the Headend to remote points on the Cable System or to Interconnection points on the Cable System.

  • MPC means Marathon Petroleum Corporation, a Delaware corporation.

  • Customer Technology means Customer's proprietary technology, including Customer's Internet operations design, content, software tools, hardware designs, algorithms, software (in source and object forms), user interface designs, architecture, class libraries, objects and documentation (both printed and electronic), know-how, trade secrets and any related intellectual property rights throughout the world (whether owned by Customer or licensed to Customer from a third party) and also including any derivatives, improvements, enhancements or extensions of Customer Technology conceived, reduced to practice, or developed during the term of this Agreement by Customer.

  • AMI means Area Median Income as defined by HUD.

  • APC means the Ambulatory Payment Classification system under 42 CFR 419.31 used by Medicare for grouping clinically and resource-similar procedures and services.

  • Unlicensed person means any person who is not a licensed dealer under this chapter.

  • SDS means safety data sheets;

  • SRC means the Securities Regulation Code of the Philippines.