Common use of Back-to-Back Transactions Clause in Contracts

Back-to-Back Transactions. Each Bilateral Transaction undertaken by Kinergy shall immediately and automatically, without necessity of further documentation or any action whatsoever by any of the Parties, create and cause to be undertaken according to the terms of this Agreement an equivalent transaction in terms of the obligation to deliver Ethanol, the quantity of Ethanol sold and the timing for the delivery of such Ethanol by Project Company with Kinergy (as if Kinergy were the Third Party).

Appears in 2 contracts

Samples: Ethanol Marketing Agreement (Pacific Ethanol, Inc.), Ethanol Marketing Agreement (Pacific Ethanol, Inc.)

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Back-to-Back Transactions. (a) Each Bilateral Transaction undertaken by Kinergy shall immediately and automatically, without necessity of further documentation or any action whatsoever by any of the Parties, create and cause to be undertaken according to the terms of this Agreement an equivalent transaction in terms of the obligation to deliver Ethanol, the quantity of Ethanol sold and the timing for the delivery of such Ethanol by the Project Company with Kinergy (as if Kinergy were the Third Party).

Appears in 1 contract

Samples: Ethanol Marketing Agreement (Pacific Ethanol, Inc.)

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Back-to-Back Transactions. Each Bilateral Transaction undertaken by Kinergy shall immediately and automatically, without necessity of further documentation or any action whatsoever by any of the Parties, create and cause to be undertaken according to the terms of this Amended Agreement an equivalent transaction in terms of the obligation to deliver Ethanol, the quantity of Ethanol sold and the timing for the delivery of such Ethanol by the Project Company with Kinergy (as if Kinergy were the Third Party).

Appears in 1 contract

Samples: Ethanol Purchase and Sale Agreement (Pacific Ethanol, Inc.)

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