CONFIDENTIAL TREATMENT OF FUEL CONVERSION SERVICES AGREEMENT Sample Clauses

CONFIDENTIAL TREATMENT OF FUEL CONVERSION SERVICES AGREEMENT. Notwithstanding any other provision of this Agreement, Seller shall be permitted to (a) include a summary of the material terms of the Fuel Conversion Services Agreement in offering documents provided to potential purchasers and purchasers of the Project's debt (collectively, "OFFEREES") pursuant to Rule 144A under the Securities Act of 1933, as amended (together with any similar rule or regulation, "RULE 144A"), and (b) make available to such Offerees for their review copies of the Fuel Conversion Services Agreement and provide to such Offerees, upon request, copies of the Fuel Conversion Services Agreement; PROVIDED, HOWEVER, that prior to the distribution of the summary referred to in clause (a) above to any Rating Agency (as such term is defined in the Fuel Conversion Services Agreement) or any Offeree, Seller shall (i) provide Xxxxxxxx a copy thereof and Xxxxxxxx shall have a reasonable period of time to review and provide comments thereon to Seller, (ii) give due consideration to such comments in finalizing the summary in light of Xxxxxxxx' interest in protecting its proprietary information and in light of Seller's disclosure obligations under applicable securities laws, and (iii) together with Xxxxxxxx, attempt in good faith to resolve any disagreements concerning information to be included in such summary, and PROVIDED, FURTHER, that Seller shall use its commercially reasonable efforts to have such Offerees execute confidentiality agreements with respect to the Fuel Conversion Services Agreement and shall not provide the Fuel Conversion Services Agreement to any Offeree if such Offeree or any of its Affiliates (as such term is defined in the Fuel Conversion Services Agreement) is a Federal Energy Regulatory Commission ("FERC") authorized power marketer or has applied for such authorization. Xxxxxxxx also recognizes that in the event that Seller files a registration statement with the Securities and Exchange Commission ("SEC") in respect of any debt offering, it will be required to submit a copy of the Fuel Conversion Services Agreement to the SEC. Seller shall use its commercially reasonable efforts to obtain confidential treatment of the Fuel Conversion Services Agreement by the SEC, in the event it is filed with the SEC, in accordance with SEC rules. In the event that Seller is required to file a copy of the Fuel Conversion Services Agreement with FERC, Seller shall use its commercially reasonable efforts to seek confidential treatment by FERC, i...
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Related to CONFIDENTIAL TREATMENT OF FUEL CONVERSION SERVICES AGREEMENT

  • CONFIDENTIAL TREATMENT REQUESTED Confidential portions of this document have been redacted and have been separately filed with the Commission.

  • Confidential Treatment The parties hereto understand that any information or recommendation supplied by the Sub-Adviser in connection with the performance of its obligations hereunder is to be regarded as confidential and for use only by the Investment Manager, the Company or such persons the Investment Manager may designate in connection with the Fund. The parties also understand that any information supplied to the Sub-Adviser in connection with the performance of its obligations hereunder, particularly, but not limited to, any list of securities which may not be bought or sold for the Fund, is to be regarded as confidential and for use only by the Sub-Adviser in connection with its obligation to provide investment advice and other services to the Fund.

  • CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION Schedule A to Arbitration Agreement

  • National Treatment and Most-favoured-nation Treatment (1) Each Contracting Party shall accord to investments of investors of the other Contracting Party, treatment which shall not be less favourable than that accorded either to investments of its own or investments of investors of any third State. (2) In addition, each Contracting Party shall accord to investors of the other Contracting Party, including in respect of returns on their investments, treatment which shall not be less favourable than that accorded to investors of any third State. (3) The provisions of paragraphs (1) and (2) above shall not be construed so as to oblige one Contracting Party to extend to the investors of the other the benefit of any treatment, preference or privilege resulting from: (a) Any existing or future free trade area, customs unions, monetary union or similar international agreement or other forms of regional cooperation to which one of the Contracting Parties is or may become a party, or (b) Any matter pertaining wholly or mainly to taxation.

  • CONFIDENTIAL PORTIONS OMITTED AND FILED SEPARATELY WITH THE COMMISSION LICENSE AGREEMENT PAGE 7

  • Treatment of Certain Information; Confidentiality Each of the Administrative Agent and the Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential), (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by applicable Laws or regulations or by any subpoena or similar legal process, (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (g) on a confidential basis to (i) any rating agency in connection with rating the Borrower or its Subsidiaries or the credit facilities provided hereunder or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers or other market identifiers with respect to the credit facilities provided hereunder, (h) with the consent of the Borrower or (i) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section 10.07 or (y) becomes available to the Administrative Agent, any Lender or any of their respective Affiliates on a nonconfidential basis from a source other than the Borrower. In addition, the Administrative Agent and the Lenders may disclose the existence of this Agreement and customary information about this Agreement to market data collectors, similar service providers to the lending industry and service providers to the Administrative Agent and the Lenders in connection with the administration of this Agreement, the other Loan Documents, and the Commitments.

  • REDACTED Each Account either: (i) has been registered or, prior to any issuance or sale of the Contracts, will be registered as a unit investment trust under the Investment Company Act of 1940 ("1940 Act"); or (ii) has not been so registered in proper reliance upon an exemption from registration under Section 3(c) of the 1940 Act; if the Account is exempt from registration as an investment company under Section 3(c) of the 1940 Act, you will use your best efforts to maintain such exemption and will notify us immediately upon having a reasonable basis for believing that such exemption no longer applies or might not apply in the future.

  • BOEING PROPRIETARY Attachment B to Letter Agreement No. 6-1162- SKC-975

  • Emergency Medical Treatment I grant the Releasees permission to authorize emergency medical treatment as they deem appropriate, and agree that such action by the Releasees shall be subject to the terms of this Agreement. I understand and agree that the Releasees assume no responsibility for any injury or damage that might result from such emergency medical treatment.

  • Substance Abuse Treatment Information Substance abuse treatment information shall be maintained in compliance with 42 C.F.R. Part 2 if the Party or subcontractor(s) are Part 2 covered programs, or if substance abuse treatment information is received from a Part 2 covered program by the Party or subcontractor(s).

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