Contracting and Sales Confirmations. If Bunge accepts a Feedstock Transaction pursuant to Section 2.1, Bunge will execute in its own name and on its own behalf a sales contract for the purchase of the Feedstock (each, a “Contract”) from the applicable feedstock supplier upon the terms presented by Producer to Bunge. Effective as of 1:15 pm Central Time on each business day during the Term, Producer and Bunge shall enter into a sales confirmation evidencing the sale by Bunge to Producer of all Feedstock (“Contracted Feedstock Volume”) covered by any Contract that Bunge has entered into since 1:16 pm Central Time on the most recent preceding business day. Each such sales confirmation shall be in the form attached hereto as Exhibit B (each, a “Sales Confirmation”) and shall set the applicable per pound sale price (each, a “Confirmed Sale Price”) equal to the price set forth in the applicable Contract. Producer shall bear any freight or other transportation costs for shipment of Feedstock to the Facility where the delivery terms are FOB supplier’s location, and any such costs shall be set forth in the Sales Confirmation. In no event with Bunge be responsible for any freight or other transportation costs for shipment of Feedstock to the Facility. The cost of any demurrage for transportation of Feedstock shall be passed along by Bunge and charged to Producer. No Sales Confirmation may alter the terms of this Agreement. To the extent that the terms of a Sales Confirmation conflict with the terms of this Agreement, the terms of this Agreement shall control.
Contracting and Sales Confirmations. With respect to any Biodiesel Transaction that has been accepted by Bunge pursuant to Section 2.1, Bunge will take assignment of an executed sales contract (or portion thereof) from Producer for the sale of the Biodiesel to the applicable purchaser upon the terms presented by Producer to Bunge (collectively, “Contracts”). Upon assignment of any executed sales contract by Producer to Bunge, such assignment shall be evidenced by an assignment in the form attached hereto as Exhibit X. Xxxxx shall not take assignment of any Contract (or portion thereof) unless and until (i) Producer has produced Biodiesel to cover amounts required by such Contract (or portion thereof, as applicable) and the Biodiesel is loaded for immediate shipment to the applicable purchaser, and (ii) the Contract shall have been duly executed by the third party thereto and shall expressly authorize assignment of such Contract (or portion thereof) to Bunge. Upon the assignment of any Contract, Producer and Bunge shall immediately enter into a sales confirmation evidencing the purchase by Bunge from Producer of all Biodiesel (“Contracted Biodiesel Volume”) covered by the applicable Contract. Each such sales confirmation shall be in the form attached hereto as Exhibit B (each, a “Sales Confirmation”) and shall set the applicable per gallon sale price (each, a “Confirmed Sale Price”) equal to the price set forth in the applicable Contract. Each Sales Confirmation shall also set forth the applicable Party that shall bear the cost of freight to the purchaser and the applicable delivery terms. The cost of any demurrage for transportation of Biodiesel shall be passed along by Bunge and charged to Producer. To the extent that freight for shipment of Biodiesel to the purchaser is arranged by the Producer, then the Producer shall assign such contract for freight or carriage to Bunge prior to shipment thereof. No Sales Confirmation may alter the terms of this Agreement. To the extent that the terms of a Sales Confirmation conflict with the terms of this Agreement, the terms of this Agreement shall control.
Contracting and Sales Confirmations. With respect to any Biodiesel Transaction that has been accepted by Bunge pursuant to Section 2.1, Bunge will take assignment of an executed sales contract (or portion thereof) from REG Marketing for the sale of the Biodiesel to the applicable purchaser upon the terms presented by REG Marketing to Bunge (collectively, “Contracts”). Upon assignment of any executed sales contract by REG Marketing to Bunge, such assignment shall be evidenced by an assignment in the form attached hereto as Exhibit X. Xxxxx shall not take assignment of any Contract (or portion thereof) unless and until
Contracting and Sales Confirmations. In performing the Services (as hereinafter defined), A-B will negotiate and execute in its own name and on its own behalf contracts and agreements for the purchase of Corn ("Contracts") from corn suppliers upon terms consistent with the Policy, including, without limitation, deferred pricing contracts ("DP Contracts"). Effective as of 1:15 pm Central Time on each business day during the Term, Producer and A-B shall enter into a sales confirmation evidencing the sale by A-B to Producer of all grain ("Contracted Grain Volume") covered by Contracts that A-B has entered into since 1:16 pm Central Time on the most recent preceding business day. Each such sales confirmation shall be in the form attached hereto as Exhibit B (each, a "Sales Confirmation") and shall set the applicable per bushel sale price (each, a "Confirmed Sale Price") equal to the weighted average price of Corn under all of the Contracts, calculated separately for each applicable delivery period, covered by such Sales Confirmation. No Sales Confirmation may alter the terms of this Agreement. To the extent that the terms of a Sales Confirmation conflict with the terms of this Agreement, the terms of this Agreement shall control. Notwithstanding the foregoing provisions of this Section 2.2(c), to the extent that A-B enters into a DP Contract with a corn supplier, A-B and Producer shall enter into a DP Contract whereby A-B sells such Corn to Producer on a deferred pricing contract basis (subject to the payment provisions of Section 3.1).
