Coke Supply and Purchase Obligation Sample Clauses

Coke Supply and Purchase Obligation. (a) For periods prior to the Take or Pay Term, Seller shall sell, and Purchasers shall purchase all Coke production of the Coke Plant, subject to the terms, conditions and requirements of this Agreement.
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Coke Supply and Purchase Obligation. The Parties have agreed that any Coke loaded into rail cars and released for shipment or placed into stockpile pursuant to Section 7.3 of the Coke Purchase Agreement shall be included in the determination of the Coal Supply and Purchase Obligation. Effective on and as of the Amendment Effective Date, the following sentence shall be added to the end of Section 6.1(b): For each Contract Year, Coke loaded into rail cars and released for shipment or placed into stockpile pursuant to Section
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Coke Supply and Purchase Obligation. (a) Subject to the availability of Coals for use in Coal Blends that comply with the Coal Blend Standards, for each Contract Year the Coke Supply and Purchase Obligation is: (i) in respect of the Base Case Coal Blend, not less than [*****] ([*****]%)or more than [*****] of [*****] Tons of Coke or, as applicable, Third Party Supplied Coke; (ii) in respect of each Coal Blend that contains a volatile matter content percentage which varies from the Base Case Coal Blend, not less than [*****] ([*****]%) or more than [*****] ([*****]%) of the Coke and Third Party Supplied Coke Tonnage provided for in the corresponding volatile matter content percentage set forth in the attached and incorporated Schedule 6.3(a). For the avoidance of doubt, the Parties acknowledge that if the product of the actual Coke production from the Coke Plants multiplied by [*****] ([*****]%) (the "Purchaser Coke Production Allocation") exceeds the minimum range of the Coke Supply and Purchase Obligation, then Seller shall be obligated to sell, and Purchaser shall be obligated to purchase, such Purchaser Coke Production Allocation up to the maximum range of the Coke Supply and Purchase Obligation. (b) If Seller reasonably and in good faith determines that Coke Tonnage will exceed [*****] ([*****]%) of the Coke Plants Targeted Coke Production during any Contract Year, then Purchaser may, at its option, purchase [*****] ([*****]%) of such excess Coke Tonnage subject to the terms, conditions and requirements of this Agreement including, without limitation, the Contract Price in respect of such Coke Tonnage. In that event, Seller will provide prompt Written notice to Purchaser of such circumstance, including its reasonable estimate of such excess Coke production. Within twenty (20) calendar days following the delivery of such Written notification by Seller to Purchaser, Purchaser may exercise its option by means of its delivery to Seller of Written notification thereof; provided, however, in that event Seller shall be obligated to sell, and Purchaser shall be obligated to purchase, [*****] ([*****]%) of such excess Coke Tonnage actually produced during such Contract Year. (c) Subject to Section 7.1, Coke Shipments shall be made on a commercially reasonable ratable basis at regular intervals that are consistent with the requirements of the operations of the Parties in the ordinary course of business, and the Parties shall reasonably cooperate in respect of scheduling such Shipments in accordance...
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Coke Supply and Purchase Obligation. Effective on and as of the Amendment Effective Date, the following is added to Section 6.1 of the Coke Purchase Agreement: “Notwithstanding any term or condition to the contrary in Section 6.1 of the Agreement: (i) For the 2020 Contract Year, the Coke Supply and Purchase Obligation shall be not less than ninety eight percent (98%) nor more than one hundred two percent (102%) of 450,000 Tons of Coke. Seller started ratably reducing Coke production at the Coke Plant in the month of June 2020 and will continue to do for balance of the 2020 Contract Year to approximately achieve such Coke Supply and Purchase Obligation.
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Coke Supply and Purchase Obligation. Effective on and as of the Amendment Effective Date, the following is added to Section 4.1 of the Coke Supply Agreement “Notwithstanding any term or condition to the contrary in Section 4.1 of the Coke Supply Agreement: (i) For the 2020 Contract Year, the Coke Supply and Purchase Obligation is that Xxxxxx shall produce, sell and deliver in full train shipments to Purchasers, and Purchasers shall purchase and accept delivery from Xxxxxx, on a take or pay basis, not less than five hundred forty thousand (540 ,000) nor more than five hundred sixty thousand {560,000} Tons of Coke in the aggregate. Xxxxxx started ratably reducing Coke production at the Coke Plant in
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Coke Supply and Purchase Obligation 
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Related to Coke Supply and Purchase Obligation

  • Purchase Obligation An obligation of the Company to repurchase Mortgage Loans under the circumstances and in the manner provided in Section 2.07 or Section 2.08.

  • Repurchase Obligation At any time after the date hereof, the Partnership, the members of the Family Group of a Partner that becomes a Former Partner and the Family Holders that are not members of such Family Group shall collectively have the obligation (the “Repurchase Obligation”) to purchase from any Person who is then a Former Partner all of the Partnership Interests (the “Repurchase Interests”) directly or indirectly owned by such Former Partner immediately prior to the applicable Withdrawal Event, and such Former Partner shall be obligated to sell to the purchasing members of such Family Group, such Family Holders and/or the Partnership, as the case may be, all of such Person’s Repurchase Interests. In order to purchase Repurchase Interests pursuant to the Repurchase Obligation, such Family Group member or Family Holder must be an Authorized Transferee of the Former Partner. The Repurchase Obligation shall be effected as follows: (a) Within ten (10) days after the Partnership’s receipt of a notice from a Former Partner as provided in Section 7.2 or the Partnership’s independent determination that a Withdrawal Event has occurred, the Partnership shall provide written notice (the “Repurchase Notice”) to the Former Partner of (i) the Repurchase Obligation; (ii) the number of Repurchase Interests; and (iii) a Valuation Notice setting forth the Initial Value of the Repurchase Interests. Thereafter, the Purchase Price shall be determined under Section 1.76 of this Agreement. (b) Within ten (10) days after the Starting Date, the Partnership shall notify each member of such Former Partner’s Family Group that is an Authorized Transferee of such Former Partner and each Family Holder that is not a member of such Family Group and is an Authorized Transferee of such Former Partner of (i) the occurrence of the Repurchase Obligation; (ii) the number of Repurchase Interests; (iii) the Purchase Price of the Repurchase Interests; (iv) the interest set forth in Section 7.4; and (v) the Starting Date. (c) Within twenty-five (25) days after the Starting Date, each such member of such Family Group and each such Family Holder shall notify the Partnership of how many, if any, of the Repurchase Interests it elects to purchase. (d) Within thirty-five (35) days after the Starting Date, the Partnership shall provide written notice to each Partner providing notice pursuant to Section 8.6(c) of (i) the allocation of the Repurchase Interests among those Persons pursuant to the terms of Section 8.7; (ii) the number of Repurchase Interests to be purchased by the Partnership pursuant to the terms of Section 8.7; (iii) the time, date and place of Closing, which shall be no sooner than ninety (90) days after the Starting Date and no later than one hundred twenty (120) days after the Starting Date; and (iv) amounts payable to the Former Partner pursuant to Section 7.4. (e) The Repurchase Interests shall be allocated in the manner provided in Section 8.7. (f) Notwithstanding the foregoing provisions of this Section 8.6, a Qualified Entity shall not have a Repurchase Obligation.

  • Conditions to Obligations of Buyer and Seller The obligations of Buyer and Seller to complete the transactions contemplated by this Agreement are subject to the satisfaction at or prior to the Closing of the following conditions:

  • Unconditional Purchase Obligations Not, and not permit any Subsidiary to, enter into or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property or services.

  • Performance of Obligations of Buyer Buyer shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and the Company shall have received a certificate signed on behalf of Buyer by the Chief Executive Officer and the Chief Financial Officer of Buyer to such effect.

  • Performance of Obligations of Purchaser Purchaser shall have performed or complied in all material respects with all obligations and covenants required by this Agreement to be performed or complied with by Purchaser by the time of the Closing.

  • Conditions Precedent to the Obligations of the Company to sell Securities The obligation of the Company to sell Securities at the Closing is subject to the satisfaction or waiver by the Company, at or before the Closing, of each of the following conditions:

  • CONDITIONS PRECEDENT TO THE OBLIGATIONS OF BUYER Each and every obligation of Buyer to be performed on the Closing Date shall be subject to the satisfaction prior to or at the Closing of the following express conditions precedent:

  • Conditions to the Obligations of Buyer The obligations of Buyer to consummate the Closing are subject to the satisfaction of the following further conditions: (i) Sellers shall have performed in all material respects all of their obligations hereunder required to be performed by them at or prior to the Closing, (ii) the representations and warranties of Sellers contained in this Agreement and in any certificate or other writing delivered by Sellers pursuant hereto that are qualified by materiality or Material Adverse Effect shall be true, and all other such representations and warranties of Seller shall be true in all material respects, in each case at and as of the Closing Date as if made at and as of the Closing Date (except to the extent that a representation or warranty expressly speaks as of a specified date or period of time), and (iii) Buyer shall have received a certificate signed by a duly authorized officer of Metaldyne to the foregoing effect; and (b) all actions shall have been taken, or consents obtained, with respect to permits, licenses, authorizations and contracts relating to the Purchased Assets such that the Closing of the Transactions will not constitute a default under or cause or permit the termination, cancellation, acceleration or other change of any right or obligation or the loss of any benefit to which the Buyer would be entitled under any provision of any agreement or other instrument to be transferred to Buyer hereby or relating to the Acquired Business except for such failures to obtain any such consent or other action, defaults, terminations, cancellations, accelerations, changes or losses that would not be reasonably expected to have, individually or in the aggregate, a Material Adverse Effect; (c) Buyer shall have obtained debt or equity financing on terms and conditions reasonably satisfactory to it sufficient to pay the Purchase Price and related fees and expenses; and (d) Buyer shall have received the Buyer Fairness Opinion in form and substance reasonably satisfactory to Buyer and such opinion shall be in full force and effect as of the Closing Date.

  • Conditions to the Obligations of Purchaser The obligations of Purchaser to consummate the transactions contemplated hereby to occur at the Closing are subject to the satisfaction of each the following conditions, unless waived in whole or in part in writing by Purchaser: (a) The representations and warranties of Seller in this agreement must be true and correct in all material respects (provided that any representation or warranty contained herein that is qualified by a materiality or material adverse effect qualification will not be so qualified for purposes of determining the existence of any breach thereof by Seller) as of the date of this agreement and as of the Closing Date as though made on and as of the Closing Date (except for any representation or warranty that is limited to an earlier date, in which case such representation or warranty shall have been true and correct only as of such earlier date); (b) Seller must have performed in all material respects all of his obligations required by this agreement to be performed by him on or before the Closing Date; (c) Seller must have delivered to Purchaser a certificate in form and substance satisfactory to Purchaser, dated the Closing Date and signed by Seller, as to the satisfaction of the conditions in the foregoing subsections; (d) Seller must have delivered to Purchaser or other specified persons the documents, instruments, certificates and other items required to be delivered by Seller pursuant to section 5.3; (e) There must not be in effect any temporary restraining order, preliminary or permanent injunction, stay or other order issued by any Governmental Authority preventing the consummation of the transactions contemplated hereby to occur at the Closing; and (f) No law must have been enacted, issued, enforced, entered, or promulgated that prohibits or makes illegal the consummation of the transactions contemplated hereby.

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