Common use of Contractual Quantity and Basic Annual Quantities Clause in Contracts

Contractual Quantity and Basic Annual Quantities. Without prejudice to the provision contained in Clause 2.2.1 below, SELLER undertakes to make available to BUYER in each Mining Year the quantity of Product indicated in the respective column of Attachment II hereto (with such quantity of Product being hereinafter referred to as the “Basic Annual Quantity” and the sum of the Basic Annual Quantities as the “Contractual Quantity”). 2.2.1. Notwithstanding the provision contained in Clauses 2.2 and 2.1.1. above, BUYER may acquire, at BUYER’s sole discretion, in each Mining Year, a quantity of Product that ranges from [•]1 to [•]% [•] of the Basic Annual Quantity set forth for the Mining Year in question (“Nominated Annual Quantity”), provided that: 1Text marked as [•] denotes CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT. 2/35 (a) the total quantity of Product to be supplied under this Contract shall never exceed the Contractual Quantity; (b) if BUYER, in a certain Mining Year, for any reason whatsoever, acquires a quantity of Product lower than the Basic Annual Quantity applicable to such Mining Year, BUYER shall have the right to carry over the difference between the Basic Annual Quantity and the actual quantity of Product supplied to BUYER in such Mining Year (the “Carry-Over Amount”) for the subsequent Mining Years; provided that, in any given Mining Year, the effective quantities of Product to be supplied, including any Carry-Over Amounts, shall not be greater than [•]% [•] of the Basic Annual Quantity for the relevant Mining Year; and (c) the acquisition by BUYER of amounts below the Basic Annual Quantity shall not be considered as a BUYER’s Default (as defined in Clause 10.4 below).

Appears in 1 contract

Samples: Supply Contract (National Steel Co)

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Contractual Quantity and Basic Annual Quantities. Without prejudice to the provision contained in Clause 2.2.1 below, SELLER undertakes to make available to BUYER in each Mining Year the quantity of Product indicated in the respective column of Attachment II hereto (with such quantity of Product being hereinafter referred to as the “Basic Annual Quantity” and the sum of the Basic Annual Quantities as the “Contractual Quantity”). 2.2.1. Notwithstanding the provision contained in Clauses 2.2 and 2.1.1. above, BUYER may acquire, at BUYER’s sole discretion, in each Mining Year, a quantity of Product that ranges from [•]1 •] to ___________________ 1 Text marked as [•] denotes CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT. CONFIDENTIAL TREATMENT REQUESTED BY COMPANHIA SIDERURGICA NACIONAL2/34 [•]% [•] of the Basic Annual Quantity set forth for the Mining Year in question (“Nominated Annual Quantity”), provided that: 1Text marked as [•] denotes CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT. 2/35: (a) the total quantity of Product to be supplied under this Contract shall never exceed the Contractual Quantity; (b) if BUYER, in a certain Mining Year, for any reason whatsoever, acquires a quantity of Product lower than the Basic Annual Quantity applicable to such Mining Year, BUYER shall have the right to carry over the difference between the Basic Annual Quantity and the actual quantity of Product supplied to BUYER in such Mining Year (the “Carry-Over Amount”) for the subsequent Mining Years; provided that, in any given Mining Year, the effective quantities of Product to be supplied, including any Carry-Over Amounts, shall not be greater than [•]% [•] of the Basic Annual Quantity for the relevant Mining Year; and (c) the acquisition by BUYER of amounts below the Basic Annual Quantity shall not be considered as a BUYER’s Default (as defined in Clause 10.4 below).

Appears in 1 contract

Samples: Supply Contract (National Steel Co)

Contractual Quantity and Basic Annual Quantities. Without prejudice to the provision contained in Clause 2.2.1 below, SELLER undertakes to make available to BUYER in each Mining Year the quantity of Product indicated in the respective column of Attachment II hereto (with such quantity of Product being hereinafter referred to as the “Basic Annual Quantity” and the sum of the Basic Annual Quantities as the “Contractual Quantity”). _________________ 1 Text marked as [•] denotes CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT. 2.2.1. Notwithstanding the provision contained in Clauses 2.2 and 2.1.1. above, BUYER may acquire, at BUYER’s sole discretion, in each Mining Year, a quantity of Product that ranges from [•]1 •] to [•]% [•] of the Basic Annual Quantity set forth for the Mining Year in question (“Nominated Annual Quantity”), provided that: 1Text marked as [•] denotes CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT. 2/35: (a) the total quantity of Product to be supplied under this Contract shall never exceed the Contractual Quantity; (b) if BUYER, in a certain Mining Year, for any reason whatsoever, acquires a quantity of Product lower than the Basic Annual Quantity applicable to such Mining Year, BUYER shall have the right to carry over the difference between the Basic Annual Quantity and the actual quantity of Product supplied to BUYER in such Mining Year (the “Carry-Over Amount”) for the subsequent Mining Years; provided that, in any given Mining Year, the effective quantities of Product to be supplied, including any Carry-Over Amounts, shall not be greater than [•]% [•] of the Basic Annual Quantity for the relevant Mining Year; and (c) the acquisition by BUYER of amounts below the Basic Annual Quantity shall not be considered as a BUYER’s Default (as defined in Clause 10.4 below).

Appears in 1 contract

Samples: Supply Contract (National Steel Co)

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Contractual Quantity and Basic Annual Quantities. Without prejudice to the provision contained in Clause 2.2.1 below, SELLER undertakes to make available to BUYER in each Mining Year the quantity of Product indicated in the respective column of Attachment II hereto (with such quantity of Product being hereinafter referred to as the “Basic Annual Quantity” and the sum of the Basic Annual Quantities as the “Contractual Quantity”). 2.2.1. Notwithstanding the provision contained in Clauses 2.2 and 2.1.1. above, BUYER may acquire, at BUYER’s sole discretion, in each Mining Year, a quantity of Product that ranges from [•]1 to [•]% [•] of the Basic Annual Quantity set forth for the Mining Year in question (“Nominated Annual Quantity”), provided that: 1Text marked as [•] denotes CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT. 2/352/34 (a) the total quantity of Product to be supplied under this Contract shall never exceed the Contractual Quantity; (b) if BUYER, in a certain Mining Year, for any reason whatsoever, acquires a quantity of Product lower than the Basic Annual Quantity applicable to such Mining Year, BUYER shall have the right to carry over the difference between the Basic Annual Quantity and the actual quantity of Product supplied to BUYER in such Mining Year (the “Carry-Over Amount”) for the subsequent Mining Years; provided that, in any given Mining Year, the effective quantities of Product to be supplied, including any Carry-Over Amounts, shall not be greater than [•]% [•] of the Basic Annual Quantity for the relevant Mining Year; and (c) the acquisition by BUYER of amounts below the Basic Annual Quantity shall not be considered as a BUYER’s Default (as defined in Clause 10.4 below).

Appears in 1 contract

Samples: Supply Contract (National Steel Co)

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