Berth Uses in Definitions Clause

Definitions from Terminal Services Agreement

This Terminal Services Agreement (this Agreement) is made effective this 14th day of December, 2016 (Effective Date) by and between Enviva Port of Wilmington, LLC, a Delaware limited liability company (Owner), and Enviva, LP, a Delaware limited partnership (Customer), sometimes referred to individually as Party and collectively as Parties. In consideration of the mutual promises contained in this Agreement, the Parties agree to the following terms and conditions relating to the provision of marine terminal services related to the Biomass (as hereinafter defined).

Definitions. In this Agreement, unless the context requires otherwise, the terms defined in the preamble have the meanings indicated and the following terms will have the meanings indicated below: Affected Party has the meaning indicated in Section 8.1. Affiliate means, with respect to any Person, any other Person that is directly or indirectly controlling, controlled by or under common control with, such Person; provided, that for purposes of this definition, control means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting interests, by contract or otherwise, and controlling, controlled by and under common control with have corresponding meanings. Agent means any contractor, agent, employee or other representative accessing the Terminal in connection with this Agreement on behalf of, at the request of or for the benefit of Customer. Bankrupt means with respect to any Person, such Person (a) files a petition or otherwise commences, authorizes or acquiesces in the commencement of a proceeding or cause of action under any bankruptcy, insolvency, reorganization or similar Law; (b) has any such petition, action or proceeding filed or commenced against it and such petition, action or proceeding is not stayed or dismissed within sixty (60) Days after filing; (c) makes an assignment or any general arrangement for the benefit of creditors; (d) otherwise becomes insolvent; (e) has a liquidator, administrator, receiver, trustee, conservator or similar official appointed with respect to it or any substantial portion of its property or assets; or (f) is generally unable to pay its debts as they become due. Base Index has the meaning indicated in Section 4.2(b). Berth has the meaning set forth in the Operation and Services Agreement. Biomass means free-flowing wood pellets comprised of wood fiber from pulpwood, timber harvest byproducts, and industrial residuals. Business Day means any Day that is not a Saturday, a Sunday or any other Day on which banks in the State of New York are permitted to close. Charter means a contract whereby an owner or operator of a Vessel contracts with Customer for the transportation of one or more Shipments. Claims means claims, demands, suits, or causes of action, whether at law or in equity, and whether based on statute, regulation, rule, ordinance, code or standard or on theories of contract, tort, strict liability or otherwise. Collateral has the meaning indicated in Section 12.6(a). Confidential Information has the meaning indicated in Section 17.1. Contract Year means each twelve (12) month period commencing on January 1; provided, that the first Contract Year shall begin on the Effective Date and end on December 31, 2016. Current Index has the meaning indicated in Section 4.2(b). Customer Event of Default has the meaning indicated in Section 12. Customer Group means, collectively, Customer, its parents and Affiliates, its Agents, and its and their respective managing members, general and limited partners, officers, directors, employees, and other representatives. Customer Notice of Termination has the meaning indicated in Section 12.4. Days means the consecutive twenty-four (24) hour period beginning at the start of the hour ending 01:00 Eastern prevailing time on any calendar day and ending at the completion of the hour ending 24:00 Eastern prevailing time on such calendar day. Default Interest Rate means, for any date, the lesser of (i) a per month rate of interest equal to one and one-half percent (1.5%) and (ii) the maximum rate permitted by Law. Delivery Point means, with respect to any delivery of Biomass by rail, the railcar unloading facility at the Terminal or, with respect to any delivery of Biomass by truck, Owners truck scale at the Terminal. Domes means each of the concrete structures at the Terminal used to protect Biomass pending its being loaded onto Vessels for transportation from the Terminal in accordance herewith. Event of Default means either a Customer Event of Default or an Owner Event of Default, as applicable. Excluded Period has the meaning indicated in Section 5.12. FIFO means the First-In-First-Out method for costing inventory, which method assumes that the first Biomass placed in inventory in a Dome is the first Biomass unloaded from such Dome. Financing Party means any and all banks or other providers of capital to Owner or Customer. FOB means FOB or Free on Board as defined in Incoterms 2010 as published by the International Chamber of Commerce. Force Majeure Event has the meaning set forth in Section 8.1. Good Industry Practices means using the standards, practices, methods and procedures and exercising the degree of skill, care, diligence, prudence and foresight that would be expected to be observed by a skilled and experienced operator in carrying out activities the same as or similar to the Terminal Services under the same or similar circumstanc

Definitions from Terminal Services Agreement

This Terminal Services Agreement (this Agreement) is made effective this 9th day of April, 2015 (Effective Date) by and between Enviva Port of Chesapeake, LLC, a Delaware limited liability company (Owner), and Enviva Wilmington Holdings, LLC, a Delaware limited liability company (Customer), sometimes referred to individually as Party and collectively as Parties. In consideration of the mutual promises contained in this Agreement, the Parties agree to the following terms and conditions relating to the provision of marine terminal services related to the Biomass (as hereinafter defined).

Definitions. In this Agreement, unless the context requires otherwise, the terms defined in the preamble have the meanings indicated and the following terms will have the meanings indicated below: Affected Party has the meaning indicated in Section 8.1. Affiliate means, with respect to any Person, any other Person that is directly or indirectly controlling, controlled by or under common control with, such Person; provided, that for purposes of this definition, control means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting interests, by contract or otherwise, and controlling, controlled by and under common control with have corresponding meanings. Agent means any contractor, agent, employee or other representative accessing the Terminal in connection with this Agreement on behalf of, at the request of or for the benefit of Customer. Bankrupt means with respect to any Person, such Person (a) files a petition or otherwise commences, authorizes or acquiesces in the commencement of a proceeding or cause of action under any bankruptcy, insolvency, reorganization or similar Law; (b) has any such petition, action or proceeding filed or commenced against it and such petition, action or proceeding is not stayed or dismissed within sixty (60) Days after filing; (c) makes an assignment or any general arrangement for the benefit of creditors; (d) otherwise becomes insolvent; (e) has a liquidator, administrator, receiver, trustee, conservator or similar official appointed with respect to it or any substantial portion of its property or assets; or (f) is generally unable to pay its debts as they become due. Base Index has the meaning indicated in Section 4.2(b). Berth means the berth owned by Owner and attached to the Terminal. Biomass means free-flowing wood pellets comprised of wood fiber from pulpwood, timber harvest byproducts, and industrial residuals. Business Day means any Day that is not a Saturday, a Sunday or any other Day on which banks in the State of New York are permitted to close. Charter means a contract whereby an owner or operator of a Vessel contracts with Customer for the transportation of one or more Shipments. Claims means claims, demands, suits, or causes of action, whether at law or in equity, and whether based on statute, regulation, rule, ordinance, code or standard or on theories of contract, tort, strict liability or otherwise. Collateral has the meaning indicated in Section 12.6(a). Confidential Information has the meaning indicated in Section 17.1. Contract Year means each twelve (12) month period commencing on January 1; provided, that the first Contract Year shall begin on the Effective Date and end on December 31, 2014. Current Index has the meaning indicated in Section 4.2(b). Customer Event of Default has the meaning indicated in Section 12. Customer Group means, collectively, Customer, its parents and Affiliates, its Agents, and its and their respective managing members, general and limited partners, officers, directors, employees, and other representatives. Customer Notice of Termination has the meaning indicated in Section 12.4. Days means the consecutive twenty-four (24) hour period beginning at the start of the hour ending 01:00 Eastern prevailing time on any calendar day and ending at the completion of the hour ending 24:00 Eastern prevailing time on such calendar day. Default Interest Rate means, for any date, the lesser of (i) a per month rate of interest equal to one and one-half percent (1.5%) and (ii) the maximum rate permitted by Law. Delivery Point means Owners truck scale at the Terminal. Domes means each of the concrete structures at the Terminal used to protect Biomass pending its being loaded onto Vessels for transportation from the Terminal in accordance herewith. Event of Default means either a Customer Event of Default or an Owner Event of Default, as applicable. Excluded Period has the meaning indicated in Section 5.11. FIFO means the First-In-First-Out method for costing inventory, which method assumes that the first Biomass placed in inventory in a Dome is the first Biomass unloaded from such Dome. Financing Party means any and all banks or other providers of capital to Owner or Customer. FOB means FOB or Free on Board as defined in Incoterms 2010 as published by the International Chamber of Commerce. Force Majeure Event has the meaning set forth in Section 8.1. Good Industry Practices means using the standards, practices, methods and procedures and exercising the degree of skill, care, diligence, prudence and foresight that would be expected to be observed by a skilled and experienced operator in carrying out activities the same as or similar to the Terminal Services under the same or similar circumstances as those contemplated by this Agreement. Governmental Entity means any national, regional, state, provincial, municipal or local authority (including the

Definitions from Terminal Services Agreement

This Terminal Services Agreement (this Agreement) is made effective this 24th day of November, 2014 (Effective Date) by and between Enviva Port of Chesapeake, LLC, a Delaware limited liability company (Owner), and Enviva Wilmington Holdings, LLC, a Delaware limited liability company (Customer), sometimes referred to individually as Party and collectively as Parties. In consideration of the mutual promises contained in this Agreement, the Parties agree to the following terms and conditions relating to the provision of marine terminal services related to the Biomass (as hereinafter defined).

Definitions. In this Agreement, unless the context requires otherwise, the terms defined in the preamble have the meanings indicated and the following terms will have the meanings indicated below: Affected Party has the meaning indicated in Section 8.1. Affiliate means, with respect to any Person, any other Person that is directly or indirectly controlling, controlled by or under common control with, such Person; provided, that for purposes of this definition, control means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting interests, by contract or otherwise, and controlling, controlled by and under common control with have corresponding meanings. Agent means any contractor, agent, employee or other representative accessing the Terminal in connection with this Agreement on behalf of, at the request of or for the benefit of Customer. Bankrupt means with respect to any Person, such Person (a) files a petition or otherwise commences, authorizes or acquiesces in the commencement of a proceeding or cause of action under any bankruptcy, insolvency, reorganization or similar Law; (b) has any such petition, action or proceeding filed or commenced against it and such petition, action or proceeding is not stayed or dismissed within sixty (60) Days after filing; (c) makes an assignment or any general arrangement for the benefit of creditors; (d) otherwise becomes insolvent; (e) has a liquidator, administrator, receiver, trustee, conservator or similar official appointed with respect to it or any substantial portion of its property or assets; or (f) is generally unable to pay its debts as they become due. Base Index has the meaning indicated in Section 4.2(b). Berth means the berth owned by Owner and attached to the Terminal. Biomass means free-flowing wood pellets comprised of wood fiber from pulpwood, timber harvest byproducts, and industrial residuals. Business Day means any Day that is not a Saturday, a Sunday or any other Day on which banks in the State of New York are permitted to close. Charter means a contract whereby an owner or operator of a Vessel contracts with Customer for the transportation of one or more Shipments. Claims means claims, demands, suits, or causes of action, whether at law or in equity, and whether based on statute, regulation, rule, ordinance, code or standard or on theories of contract, tort, strict liability or otherwise. Collateral has the meaning indicated in Section 12.6(a). Commencement Date means the date on which the Source Plant has commenced the production of wood pellets at the Source Plant. Confidential Information has the meaning indicated in Section 17.1. Contract Year means each twelve (12) month period commencing on January 1; provided, that the first Contract Year shall begin on the Effective Date and end on December 31, 2014. Current Index has the meaning indicated in Section 4.2(b). Customer Event of Default has the meaning indicated in Section 12. Customer Group means, collectively, Customer, its parents and Affiliates, its Agents, and its and their respective managing members, general and limited partners, officers, directors, employees, and other representatives. Customer Notice of Termination has the meaning indicated in Section 12.4. Days means the consecutive twenty-four (24) hour period beginning at the start of the hour ending 01:00 Eastern prevailing time on any calendar day and ending at the completion of the hour ending 24:00 Eastern prevailing time on such calendar day. Default Interest Rate means, for any date, the lesser of (i) a per month rate of interest equal to one and one-half percent (1.5%) and (ii) the maximum rate permitted by Law. Delivery Point means Owners truck scale at the Terminal. Domes means each of the concrete structures at the Terminal used to protect Biomass pending its being loaded onto Vessels for transportation from the Terminal in accordance herewith. Event of Default means either a Customer Event of Default or an Owner Event of Default, as applicable. Excluded Period has the meaning indicated in Section 5.11. FIFO means the First-In-First-Out method for costing inventory, which method assumes that the first Biomass placed in inventory in a Dome is the first Biomass unloaded from such Dome. Financing Party means any and all banks or other providers of capital to Owner or Customer. FOB means FOB or Free on Board as defined in Incoterms 2010 as published by the International Chamber of Commerce. Force Majeure Event has the meaning set forth in Section 8.1. Good Industry Practices means using the standards, practices, methods and procedures and exercising the degree of skill, care, diligence, prudence and foresight that would be expected to be observed by a skilled and experienced operator in carrying out activities the same as or similar to the Terminal Services under the same or similar circumstances as those contemplated by this

Definitions from Terminal Services Agreement

This Terminal Services Agreement (this Agreement) is made effective this day of , 2015 (Effective Date) by and between Enviva Port of Chesapeake, LLC, a Delaware limited liability company (Owner), and Enviva Wilmington Holdings, LLC, a Delaware limited liability company (Customer), sometimes referred to individually as Party and collectively as Parties. In consideration of the mutual promises contained in this Agreement, the Parties agree to the following terms and conditions relating to the provision of marine terminal services related to the Biomass (as hereinafter defined).

Definitions. In this Agreement, unless the context requires otherwise, the terms defined in the preamble have the meanings indicated and the following terms will have the meanings indicated below: Affected Party has the meaning indicated in Section 8.1. Affiliate means, with respect to any Person, any other Person that is directly or indirectly controlling, controlled by or under common control with, such Person; provided, that for purposes of this definition, control means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting interests, by contract or otherwise, and controlling, controlled by and under common control with have corresponding meanings. Agent means any contractor, agent, employee or other representative accessing the Terminal in connection with this Agreement on behalf of, at the request of or for the benefit of Customer. Bankrupt means with respect to any Person, such Person (a) files a petition or otherwise commences, authorizes or acquiesces in the commencement of a proceeding or cause of action under any bankruptcy, insolvency, reorganization or similar Law; (b) has any such petition, action or proceeding filed or commenced against it and such petition, action or proceeding is not stayed or dismissed within sixty (60) Days after filing; (c) makes an assignment or any general arrangement for the benefit of creditors; (d) otherwise becomes insolvent; (e) has a liquidator, administrator, receiver, trustee, conservator or similar official appointed with respect to it or any substantial portion of its property or assets; or (f) is generally unable to pay its debts as they become due. Base Index has the meaning indicated in Section 4.2(b). Berth means the berth owned by Owner and attached to the Terminal. Biomass means free-flowing wood pellets comprised of wood fiber from pulpwood, timber harvest byproducts, and industrial residuals. Business Day means any Day that is not a Saturday, a Sunday or any other Day on which banks in the State of New York are permitted to close. Charter means a contract whereby an owner or operator of a Vessel contracts with Customer for the transportation of one or more Shipments. Claims means claims, demands, suits, or causes of action, whether at law or in equity, and whether based on statute, regulation, rule, ordinance, code or standard or on theories of contract, tort, strict liability or otherwise. Collateral has the meaning indicated in Section 12.6(a). Confidential Information has the meaning indicated in Section 17.1. Contract Year means each twelve (12) month period commencing on January 1; provided, that the first Contract Year shall begin on the Effective Date and end on December 31, 2015. Current Index has the meaning indicated in Section 4.2(b). Customer Event of Default has the meaning indicated in Section 12. Customer Group means, collectively, Customer, its parents and Affiliates, its Agents, and its and their respective managing members, general and limited partners, officers, directors, employees, and other representatives. Customer Notice of Termination has the meaning indicated in Section 12.4. Days means the consecutive twenty-four (24) hour period beginning at the start of the hour ending 01:00 Eastern prevailing time on any calendar day and ending at the completion of the hour ending 24:00 Eastern prevailing time on such calendar day. Default Interest Rate means, for any date, the lesser of (i) a per month rate of interest equal to one and one-half percent (1.5%) and (ii) the maximum rate permitted by Law. Delivery Point means Owners truck scale at the Terminal. Domes means each of the concrete structures at the Terminal used to protect Biomass pending its being loaded onto Vessels for transportation from the Terminal in accordance herewith. Event of Default means either a Customer Event of Default or an Owner Event of Default, as applicable. Excluded Period has the meaning indicated in Section 5.11. FIFO means the First-In-First-Out method for costing inventory, which method assumes that the first Biomass placed in inventory in a Dome is the first Biomass unloaded from such Dome. Financing Party means any and all banks or other providers of capital to Owner or Customer. FOB means FOB or Free on Board as defined in Incoterms 2010 as published by the International Chamber of Commerce. Force Majeure Event has the meaning set forth in Section 8.1. Good Industry Practices means using the standards, practices, methods and procedures and exercising the degree of skill, care, diligence, prudence and foresight that would be expected to be observed by a skilled and experienced operator in carrying out activities the same as or similar to the Terminal Services under the same or similar circumstances as those contemplated by this Agreement. Governmental Entity means any national, regional, state, provincial, municipal or local authority (including the