Purchase and Sale Obligation. (a) During the Term, Seller grants, pledges, assigns and otherwise commits and shall deliver to Buyer Product for Buyer’s exclusive use, pursuant to the terms and conditions contained herein. Buyer shall have the right to re-sell all or a portion of the Product purchased under this Agreement (“Resold Product”).
Purchase and Sale Obligation. A. You hereby agree to sell and deliver to Us, and We hereby agree to purchase and take delivery of, the SRECs produced from Seller’s Project as and when such SRECs are created by, and through, the actual generation of one (1) megawatt hour of electricity by Seller’s Project, as registered on the SREC Meter or as otherwise provided herein, during the Term of this Agreement (the “Transferred SRECs”).
Purchase and Sale Obligation. During the Services Term, Seller shall sell and make available to Buyer and Buyer shall accept and pay in accordance with Section 4.3 and Article VI for all the Monthly Contract Capacity of the Units which shall convey to Buyer the right to receive all the Products provided by the Units, including those Products associated with Capacity in excess of the Monthly Contract Capacity, pursuant to the terms and conditions contained herein. Further, during the Services Term, Seller shall sell and provide to Buyer and Buyer shall purchase and pay in accordance with Section 4.3 and Article VI for [Tolling Services] from the Units pursuant to the terms and conditions contained herein. [For agreements other than tolling agreement, substitute “Products” for bracketed language.] The Parties acknowledge and agree this Agreement is a forward contract (within the meaning of the Bankruptcy Code, as in effect as of the Execution Date).
Purchase and Sale Obligation. During the Delivery Term, Seller shall sell and make available to Buyer and Buyer shall accept and pay, in accordance with the provisions of this Agreement, for all the Monthly Contract Capacity of the Units which shall convey to Buyer the right to receive all the Products provided by the Units, including those Products associated with Capacity and Capacity Attributes in excess of the Monthly Contract Capacity as described in Section 3.11(d) and pursuant to the terms and conditions contained herein. The Parties acknowledge and agree that this Agreement is a forward contract (within the meaning of the Bankruptcy Code, as in effect as of the Execution Date).
Purchase and Sale Obligation. (a) Subject to the price provisions and other terms set forth in this Agreement, and in accordance with the terms of subsection (d) of this Section 1, during the approximately six-year term of this Agreement Seller shall sell to Buyer and Buyer shall purchase from Seller (in accordance with the provisions of the price list set forth in Schedule A attached hereto): (i) the quantities of [***] set forth below by December 31st of each Contract Year (as hereinafter defined), with the cumulative count commencing, subject to the final sentence of Section 4 hereof, on the date of execution and delivery hereof: Legend *** - indicates Confidential Terms redacted pursuant to Rule 406. Such redacted material has been filed separately with the Securities Exchange Commission. By December 31st of Contract Year: Buyer Shall Cumulatively Purchase: 2005 [***] 2006 [***] 2007 [***] 2008 [***] 2009 [***] 2010 [***] (each such cumulative amount called a “Cumulative Purchase Commitment”), (ii) subject to the limitations on Seller’s obligations to ship [***] set forth in Section 3(c) hereof, such additional amounts of [***] as Buyer shall order for [***] (as that phrase is defined in Section 6 hereof) from time to time, and (iii) such quantities of [***] (collectively the [***] and individually an [***]) as shall be required by Buyer.
Purchase and Sale Obligation. (a) During the Delivery Term, Seller grants, pledges, assigns and otherwise commits and shall deliver to Buyer Product for Buyer’s exclusive use, pursuant to the terms and conditions contained herein. Buyer shall have the right to re-sell all or any portion of the Product purchased under this Agreement (“Resold Product”). In the event the Project is capable of participating in the Resource Adequacy (RA) market prior to commencement of the Delivery Term, Seller shall notify Buyer as soon as reasonably practical and at least seventy five (75) days before it participates in the Resource Adequacy (RA) market.
Purchase and Sale Obligation. (a) The IBC Asset Transfer. Immediately before the Closing, Seller shall cause the Company to transfer to both Seller and Seller’s and the Company’s Affiliate, InterCept Payment Solutions, LLC (“IPS”), the Transferred Customers (and related contracts and relationships), the Transferred Claims, certain software, and other assets and liabilities (collectively, the “Asset Transfers”) all as more fully described in, and in accordance with the terms and conditions set forth in, the Asset Transfer Agreements attached hereto as Exhibit 2.1(a) (the “Asset Transfer Agreements”), and IPS shall license certain software to the Company pursuant to the Software License Agreement.
Purchase and Sale Obligation. During the Services Term, Seller shall sell and make available to Buyer and Buyer shall accept and pay, in accordance with Section 4.3 and Article VI, for all the Monthly Contract Capacity of the Units which shall convey to Buyer the right to receive all the Products provided by the Units, including those Products associated with Capacity in excess of the Monthly Contract Capacity as described in Section 3.13(d) and pursuant to the terms and conditions contained herein. The Parties acknowledge and agree this Agreement is a forward contract (within the meaning of the Bankruptcy Code, as in effect as of the Execution Date).
Purchase and Sale Obligation. If the Offer is terminated or not consummated, in each case solely because purchase by means of the Offer is precluded by law, administrative or judicial action, and such law,
Purchase and Sale Obligation. Based upon and subject to the terms, agreements, warranties, representations and conditions of this Agreement, at Closing (as hereinafter defined) Seller, and the Shareholders, as applicable, shall sell, convey, transfer, assign and deliver to Buyer, and Buyer shall purchase from Seller, and the Shareholders, as applicable, as hereinafter provided the following personal property, business assets and rights of Seller utilized in and/or relating to the Business, other than the Excluded Assets (as hereinafter defined), free and clear of all liabilities (other than Assumed Liabilities (as hereinafter defined) and subject to the Existing Bank Debt (as hereinafter defined)), obligations, security interests, taxes, liens and encumbrances (collectively, the “Assets”):
