Conditions to Sale Obligations. MSCG’s Crude Oil sale obligations are subject to: (i) the volume of Crude Oil requirements estimated by TRC, as set forth in the relevant NFR, as may be modified by any subsequent NFR or Weekly Nomination from time to time with allowance for variation as described in Section 5.5; (ii) available pipeline capacity on the relevant Pipelines used to transport the Crude Oil to the Delivery Locations, provided that MSCG shall make commercially reasonable efforts to secure capacity as necessary to meet its delivery obligations hereunder; (iii) a Force Majeure Event (including delivery of the Crude Oil by a Counterparty); (iv) TRC providing MSCG with any Security required hereunder; (v) the absence of a default under one or more Supply Contracts that collectively have a material adverse effect on MSCG’s ability to procure Crude Oil for delivery and sale to TRC; and (vi) TRC’s performance of its obligations hereunder and under the other Transaction Documents.
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Samples: Crude Oil Acquisition Agreement (PBF Energy Inc.), Crude Oil Acquisition Agreement (PBF Energy Inc.), Crude Oil Acquisition Agreement (PBF Energy Inc.)
Conditions to Sale Obligations. MSCG’s Crude Oil sale obligations are subject to: (i) the volume of Crude Oil requirements estimated by TRCPBF, as set forth in the relevant NFR, as may be modified by any subsequent NFR or Weekly Nomination from time to time and with allowance for variation as described in Section 5.5; (ii) available pipeline capacity on the relevant Pipelines used to transport the Crude Oil to the Delivery Locations, provided that MSCG shall make commercially reasonable efforts to secure capacity as necessary to meet its delivery obligations hereunder; (iii) a Force Majeure Event (including delivery of the Crude Oil by a Counterparty); (iv) TRC PBF providing MSCG with any Security required hereunder; (v) the absence of a default under one or more Supply Contracts that collectively have a material adverse effect on MSCG’s ability to procure Crude Oil for delivery and sale to TRCPBF; and (vi) TRCPBF’s performance of its obligations hereunder and under each of the other Transaction Documents.
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