Sale of Steam Sample Clauses

Sale of Steam. Cogentrix agrees to sell (a) process steam, which may be high-pressure or low-pressure, to Buyer for use in Buyer's plant up to a maximum of 400,000,000 pounds of steam per annum and (b) the amount of steam required for use in the hot oil system in the Buyer's Plant up to a maximum 40,000,000 BTU's per hour. Cogentrix will deliver and Buyer will receive the process low-pressure steam at a volume up to 100,000 lbs. per hour, with a maximum peak delivery of up to 125,000 lbs. per hour for periods up to one hour. The steam for the hot oil system shall be of sufficient temperature to maintain a thermal oil temperature of 550(degree)F in the hot oil header in Buyer's Plant. All, steam shall be delivered with 1 ppm maximum total solids. If an amine system is used for corrosion control in the Cogentrix piping system, the conductivity of the steam delivered to the Buyer must not exceed 10 micromhos. If a nonamine system is used, the conductivity of delivered steam must not exceed 5 micramhos. Cogentrix agrees to sell to Buyer at its option high pressure steam at a volume of up to 30,000 pounds per hour at the boiler outlet station at conditions not to exceed 1500 pounds per square inch gauge ("p.s.i.g.") and 950(degree)F, as may be required by Buyer. Cogentrix will install and owe such meters as shall be necessary to measure and record the steam and BTU's delivered and received in accordance with the terms and conditions of this Agreement. Meters utilized for this purpose shall meet the specifications, and shall be subject to calibration and testing as set forth in Exhibit B hereto. Buyer agrees that beginning with the Initial Delivery Date as defined below, it will purchase and use or cause to be used (other than for generation of electricity) from Cogentrix during each Term Year (as defined in subparagraph 5(c) hereof) process steam representing a minimum of 5% of the "total energy output" of the Cogeneration Facility as defined by 18 C.F.R. ss. 292.202. Buyer agrees that its obligation to purchase a minimum of 5% of the "total energy output" of the Cogeneration Facility under this Paragraph 2 is unconditional, and shall not be relieved by force majeure (as defined herein), transfer or closing of Buyer's Plant or otherwise, but the amounts payable hereunder shall be determined in accordance with Paragraph 5(e). To ensure an available supply of steam to Buyer, Cogentrix agrees that in the event its operations are affected by a coal or transportation strike for a ...
Sample 1
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Sale of Steam. 3.1 General 11 3.2 Reduced Deliveries 14 3.3 Routine Scheduling 16 3.4 Quality of Steam 16 3.5 Points of Delivery 17 ARTICLE 4 COST OF STEAM 4.1 Monthly Steam Charge 17 4.2 Annual Steam Adjustment 17 4.3 Monthly Initial Steam Commitment Credit 18 4.4 Annual Initial Steam Commitment Credit Adjustment 18 4.5 Cumulative Adjustments and Credits 18
Sample 1
Sale of Steam. A. Cogentrix shall sell steam to Buyer for use in Buyer's Plant up to a maximum of one hundred fifty-four thousand (154,000) pounds of steam per hour (of which, no more than nine thousand (9,000) pounds of steam per hour shall be at four hundred twenty-five (425) to four hundred thirty-five (435) pounds per square inch gauge ("psig")). Concurrently with this Agreement, Cogentrix is entering into a similar steam purchase agreement ("Celanese Steam Contract") with Celanese Chemical, Inc. ("Celanese"). The foregoing maximum of 9,000 pounds per hour of four hundred twenty-five (425) to four hundred thirty-five (435) psig steam notwithstanding, Buyer may take such steam in excess of 9,000 pounds per hour at any time that Celanese takes such steam in an amount less than 21,000 pounds per hour such that the combined take of the two companies does not exceed at any time 30,000 pounds per hour in the
Sample 1
Sale of Steam. A. Cogentrix shall sell steam to Buyer for use in Buyer's Plant up to a maximum of twenty-one thousand (21,000) pounds of steam per hour at four hundred twenty-five (425) to four hundred thirty-five (435) pounds per square inch gauge ("psig"). Concurrently with this Agreement, Cogentrix is entering into a similar steam purchase agreement ("BASF Steam Contract") with BASF Corporation ("BASF"). The foregoing maximum notwithstanding, Buyer may take such steam in excess of 21,000 pounds per hour at any time that BASF takes such steam in an amount less than 9,000 pounds per hour such that the combined take of the two companies does not exceed at any time 30,000 pounds per hour in the aggregate. So long as Buyer materially complies with the terms and conditions of this Agreement and, subject to the terms hereof, continues to purchase during each Term Year (as defined in Paragraph 7 below) a minimum of 1% of the "total energy output" of the Cogeneration Facility as defined in 18 C.F.R. ss.292.202(i) (the "Total Energy Output") for that Term Year, Cogentrix will deliver the steam at such pressures, at such temperatures and according to such other specifications as set forth in Exhibit A hereto or as are mutually agreed to in writing by Cogentrix and Buyer. It is
Sample 1

Related to Sale of Steam

  • Sale of Stock Subject to the terms and conditions of this Agreement, ------------- on the Purchase Date (as defined below) the Company will issue and sell to Purchaser, and Purchaser agrees to purchase from the Company, 960,000 shares of the Company's Common Stock (the "Shares") at a purchase price of $0.01 per Share ------ for a total purchase price of $9,600.00. The term "Shares" refers to the purchased Shares and all securities received in replacement of or in connection with the Shares pursuant to stock dividends or splits, all securities received in replacement of the Shares in a recapitalization, merger, reorganization, exchange or the like, and all new, substituted or additional securities or other properties to which Purchaser is entitled by reason of Purchaser's ownership of the Shares.

  • Purchase and Sale of Stock Purchaser hereby agrees to purchase from the Company, and the Company hereby agrees to sell to Purchaser, an aggregate of 37,500 shares of the Common Stock of the Company (the "Stock") at $0.01 per share, for an aggregate purchase price of $375.00, payable in cash. The closing hereunder, including payment for and delivery of the Stock, shall occur at the offices of the Company immediately following the execution of this Agreement, or at such other time and place as the parties may mutually agree (the "Closing").

  • Sale of Shares by the Trust The Trust reserves the right to issue any Shares at any time directly to the holders of Shares ("Shareholders"), to sell Shares to its Shareholders or to other persons at not less than net asset value and to issue Shares in exchange for substantially all the assets of any corporation or trust or for the shares of any corporation or trust.

  • Sale of Shares The Issuer grants to Distributors the right to sell shares on behalf of the Issuer during the term of this Agreement and subject to the registration requirements of the Securities Act of 1933, as amended ("1933 Act"), and of the laws governing the sale of securities in the various states ("Blue Sky Laws") under the following terms and conditions: Distributors (i) shall have the right to sell, as agent on behalf of the Issuer, shares authorized for issue and registered under the 1933 Act, and (ii) may sell shares under offers of exchange, if available, between and among the funds advised by Fidelity Management & Research Company ("FMR") or any of its affiliates.

  • Basis of Sale of Shares Distributor does not agree to sell any specific number of Shares. Distributor, as agent for the Trust, undertakes to sell Shares on a best efforts basis only against orders therefor.

  • Resale of Shares Holder and the Company acknowledge that as of the date hereof the Staff of the Division of Corporation Finance of the SEC has published Compliance & Disclosure Interpretation 528.04 in the Securities Act Rules section thereof, stating that the holder of securities issued in connection with a public offering may not rely upon Rule 144 promulgated under the Act to establish an exemption from registration requirements under Section 4(a)(1) under the Act, but may nonetheless apply Rule 144 constructively for the resale of such shares in the following manner: (a) provided that six months has elapsed since the last sale under the registration statement, an underwriter or finder may resell the securities in accordance with the provisions of Rule 144(c), (e), and (f), except for the notice requirement; (b) a purchaser of the shares from an underwriter receives restricted securities unless the sale is made with an appropriate, current prospectus, or unless the sale is made pursuant to the conditions contained in (a) above; (c) a purchaser of the shares from an underwriter who receives restricted securities may include the underwriter’s holding period, provided that the underwriter or finder is not an affiliate of the issuer; and (d) if an underwriter transfers the shares to its employees, the employees may tack the firm’s holding period for purposes of Rule 144(d), but they must aggregate sales of the distributed shares with those of other employees, as well as those of the underwriter or finder, for a six-month period from the date of the transfer to the employees. Holder and the Company also acknowledge that the Staff of the Division of Corporation Finance of the SEC has advised in various no-action letters that the holding period associated with securities issued without registration to a service provider commences upon the completion of the services, which the Company agrees and acknowledges shall be the final closing of the Offering, and that Rule 144(d)(3)(ii) provides that securities acquired from the issuer solely in exchange for other securities of the same issuer shall be deemed to have been acquired at the same time as the securities surrendered for conversion (which the Company agrees is the date of the initial issuance of this Purchase Warrant). In the event that following a reasonably-timed written request by Hxxxxx to transfer the Shares in accordance with Compliance & Disclosure Interpretation 528.04 counsel for the Company in good faith concludes that Compliance & Disclosure Interpretation 528.04 no longer may be relied upon as a result of changes in applicable laws, regulations, or interpretations of the SEC Division of Corporation Finance, or as a result of judicial interpretations not known by the Company or its counsel on the date hereof, then the Company shall promptly, and in any event within five (5) business days following the request, provide written notice to Holder of such determination. As a condition to giving such notice, the parties shall negotiate in good faith a single demand registration right pursuant to an agreement in customary form reasonably acceptable to the parties; provided that notwithstanding anything to the contrary, the obligations of the Company pursuant to this Section 2 shall terminate on the fifth anniversary of the Effective Date. In the absence of such conclusion by counsel for the Company, the Company shall, upon such a request of Holder given no earlier than six months after the final closing of the Offering, instruct its transfer agent to permit the transfer of such shares in accordance with Compliance & Disclosure Interpretation 528.04, provided that Holder has provided such documentation as shall be reasonably be requested by the Company to establish compliance with the conditions of Compliance & Disclosure Interpretation 528.04. Notwithstanding anything to the contrary, pursuant to FINRA Rule 5110(g)(8)(B)-(D), the Holder shall not be entitled to more than one demand registration right hereunder and the duration of the registration rights hereunder shall not exceed five years from the Effective Date.

  • Xxxxxx, Sale of Assets, etc If the Borrower at any time shall consolidate with or merge into or sell or convey all or substantially all its assets to any other corporation, this Note, as to the unpaid principal portion thereof and accrued interest thereon, shall thereafter be deemed to evidence the right to purchase such number and kind of shares or other securities and property as would have been issuable or distributable on account of such consolidation, merger, sale or conveyance, upon or with respect to the securities subject to the conversion or purchase right immediately prior to such consolidation, merger, sale or conveyance. The foregoing provision shall similarly apply to successive transactions of a similar nature by any such successor or purchaser. Without limiting the generality of the foregoing, the anti-dilution provisions of this Section shall apply to such securities of such successor or purchaser after any such consolidation, merger, sale or conveyance.

  • Purchase and Sale of Shares 2.1.1. Upon the terms and subject to the conditions set forth in this Agreement, at the Closing, Seller shall sell, transfer and deliver to Buyer, free and clear of all Liens (other than Liens under the Securities Act and any other applicable state or foreign securities Laws), and Buyer shall purchase from Seller, all right, title and interest in and to the Shares.

  • Authorization and Sale of Shares The Company has authorized the sale of up to two million five hundred seventy thousand (2,570,000) Shares. The Company reserves the right to increase or decrease this number.

  • Purchase and Sale of Services During each Contract Year, SABINE shall make available to Customer, and Customer shall purchase and pay for in an amount equal to the Fee, the Services as described in Section 3.1(b).

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