Common use of Bilateral Transactions Clause in Contracts

Bilateral Transactions. (a) Subject to the terms hereof, Project Company hereby grants Kinergy the exclusive right to market, purchase and sell all of Project Company’s Ethanol, provided, that during the continuance of any default by Kinergy that would allow Project Company to terminate this Agreement pursuant to Section 4.3 or during the 30-day cure period provided in Section 4.3(c) (notwithstanding such cure period), if Kinergy is not performing its obligations with respect to marketing Project Company’s Ethanol or during the continuance of any Force Majeure Event (including the effects thereof) that renders Kinergy unable to perform its obligations under this Agreement, then Project Company shall have the right to engage any other Person to market, purchase and sell Project Company’s Ethanol and Kinergy shall not be entitled to any compensation (including Incentive Fees) with respect to any replacement services provided by such Person. Kinergy shall use its reasonable commercial efforts to solicit, negotiate and enter into, and Kinergy shall perform, Bilateral Transactions with Third Parties. Kinergy shall have absolute discretion in the solicitation, negotiation, administration (including the collection of payments), enforcement and execution of Bilateral Transactions and all sales of Ethanol produced by the Facility shall be effectuated by Bilateral Transactions. Kinergy shall not enter into any transaction in respect of Project Company’s Ethanol that is not a Bilateral Transaction or with a counterparty that does not satisfy the Minimum Rating Criteria, in each case without the consent of Project Company, which consent may be withheld by Project Company in its discretion. Project Company hereby grants Kinergy the power and authority necessary to perform its obligations and exercise its rights hereunder.

Bilateral Transactions. (a) Subject to the terms hereof, Project Company hereby grants Kinergy PAP the exclusive right to market, purchase and sell all of Project Company’s EthanolDistillers Grains (which, as of the date hereof, is approximately 533,000 tons-per-year) commencing June 30, 2011 and continuing through the expiration or early termination of this Agreement, provided, that during the continuance of any default by Kinergy PAP that would allow Project Company to terminate this Agreement pursuant to Section 4.3 or during the 30-day cure period provided in Section 4.3(c) (notwithstanding such cure period), if Kinergy PAP is not performing its obligations with respect to marketing the Project Company’s Ethanol Distillers Grains or during the continuance of any Force Majeure Event (including the effects thereof) that renders Kinergy PAP unable to perform its obligations under this Agreement, then Project Company shall have the right to engage any other Person to market, purchase and sell the Project Company’s Ethanol Distillers Grains and Kinergy PAP shall not be entitled to any compensation (including Incentive Fees) with respect to any replacement services provided by such Person. Kinergy PAP shall use its reasonable commercial efforts to solicit, negotiate and enter into, and Kinergy PAP shall perform, Bilateral Transactions with Third Parties. Kinergy PAP shall have absolute discretion in the solicitation, negotiation, administration (including the collection of payments), enforcement and execution of Bilateral Transactions and all sales of Ethanol Distillers Grains produced by the Facility shall be effectuated by Bilateral Transactions. Kinergy PAP shall not enter into any transaction in respect of the Project Company’s Ethanol Distillers Grains that (i) is not a Bilateral Transaction or with a counterparty that does not satisfy (ii) requires deliveries of WDG or DDG more than one hundred (180) days after the Minimum Rating Criteriadate of execution of such transaction, in each case without the prior written consent of the Project Company, which consent may be withheld by Project Company in its discretion. Project Company hereby grants Kinergy PAP the power and authority necessary to perform its obligations and exercise its rights hereunder.

Bilateral Transactions. (a) Subject to the terms hereof, Project Company hereby grants Kinergy the exclusive right to market, purchase and sell all of Project Company’s EthanolEthanol commencing on June 30, 2011 and continuing through the expiration or early termination of this Agreement, provided, that during the continuance of any default by Kinergy that would allow Project Company to terminate this Agreement pursuant to Section 4.3 or during the 30-day cure period provided in Section 4.3(c) (notwithstanding such cure period), if Kinergy is not performing its obligations with respect to marketing Project Company’s Ethanol or during the continuance of any Force Majeure Event (including the effects thereof) that renders Kinergy unable to perform its obligations under this Agreement, then Project Company shall have the right to engage any other Person to market, purchase and sell Project Company’s Ethanol and Kinergy shall not be entitled to any compensation (including Incentive Fees) with respect to any replacement services provided by such Person. Kinergy shall use its reasonable commercial efforts to solicit, negotiate and enter into, and Kinergy shall perform, Bilateral Transactions with Third Parties. Kinergy shall have absolute discretion in the solicitation, negotiation, administration (including the collection of payments), enforcement and execution of Bilateral Transactions and all sales of Ethanol produced by the Facility shall be effectuated by Bilateral Transactions. Kinergy shall not enter into any transaction in respect of Project Company’s Ethanol that (i) is not a Bilateral Transaction Transaction; (ii) requires deliveries of ethanol more than one hundred eighty (180) days after the date of execution of such transaction or (iii) is with a counterparty that does not satisfy the Minimum Rating Criteria, in each case without the prior written consent of Project Company, which consent may be withheld by Project Company in its discretion. Project Company hereby grants Kinergy the power and authority necessary to perform its obligations and exercise its rights hereunder.

Bilateral Transactions. (a) Subject to the terms hereof, Project Company hereby grants Kinergy PAP the exclusive right to market, purchase and sell all of Project Company’s EthanolDistillers Grains (which, as of the date hereof, is approximately [__],000 tons-per-year), provided, that during the continuance of any default by Kinergy PAP that would allow Project Company to terminate this Agreement pursuant to Section 4.3 or during the 30-day cure period provided in Section 4.3(c) (notwithstanding such cure period), if Kinergy PAP is not performing its obligations with respect to marketing the Project Company’s Ethanol Distillers Grains or during the continuance of any Force Majeure Event (including the effects thereof) that renders Kinergy PAP unable to perform its obligations under this Agreement, then Project Company shall have the right to engage any other Person to market, purchase and sell the Project Company’s Ethanol Distillers Grains and Kinergy PAP shall not be entitled to any compensation (including Incentive Fees) with respect to any replacement services provided by such Person. Kinergy PAP shall use its reasonable commercial efforts to solicit, negotiate and enter into, and Kinergy PAP shall perform, Bilateral Transactions with Third Parties. Kinergy PAP shall have absolute discretion in the solicitation, negotiation, administration (including the collection of payments), enforcement and execution of Bilateral Transactions and all sales of Ethanol Distillers Grains produced by the Facility shall be effectuated by Bilateral Transactions. Kinergy PAP shall not enter into any transaction in respect of the Project Company’s Ethanol Distillers Grains that is not a Bilateral Transaction or with a counterparty that does not satisfy the Minimum Rating Criteria, in each case without the consent of the Project Company, which consent may be withheld by Project Company in its discretion. Project Company hereby grants Kinergy PAP the power and authority necessary to perform its obligations and exercise its rights hereunder.