Deliveries To and From the Terminal Sample Clauses

Deliveries To and From the Terminal. All deliveries hereunder to Willxxxx xx to Customer shall be at the Terminal by the delivery means set forth in the Business Terms to which this Schedule A is attached. Marine deliveries to or from the Terminal permitted in this Agreement shall be made in accordance with Schedule B. Permitted deliveries into and out of tank trucks and rail cars shall be made within the Terminal's usual business hours and in accordance with the Terminal's Operating procedures, as established from time to time by Willxxxx. Xx pipeline deliveries are permitted hereunder, Customer shall notify Willxxxx xx any proposed pipeline deliveries into or out of the Terminal as soon as reasonably possible after Customer receives its schedule from the pipeline company, refinery, or other such entity. Such notice shall set forth the quantity, quality and specifications of Product to be delivered by pipeline and the desired date of delivery to or from the Terminal. Willxxxx xxxll notify Customer within two (2) working days of each notice of proposed pipeline delivery either that it shall accommodate such delivery or that the proposed delivery conflicts with a previously scheduled pipeline movement or use of available Terminal tankage by Willxxxx xx another party. In the case of such conflict, Willxxxx xxxll advise Customer of the next open dates that the Terminal can accommodate pipeline deliveries in the amounts desired. Willxxxx xxxll use reasonable efforts to accommodate Customer's proposed pipeline deliveries, taking into account the needs of Customer, Willxxxx xxx other parties terminalling products at the Terminal. Customer shall immediately notify Willxxxx xxxn learning that it shall not be able to receive previously scheduled Product from or deliver previously scheduled Product to the Terminal, and the parties shall thereafter cooperate to reschedule such receipt or delivery. Customer shall reimburse Willxxxx xxx the cost of any pipeline charges assessed to Willxxxx xxx any of Customer's pipeline shipments in or out of the Terminal, and for any charges assessed to Willxxxx xx the operator of any vessel transporting Product in or out of the Terminal. IF, FOR ANY REASON OTHER THAN WILLXXXX' XX ITS EMPLOYEES' SOLE NEGLIGENCE OR WILLFUL ACT OR OMISSION, WILLXXXX XXXURS ANY COST, LOSS OR DAMAGE AS A RESULT OF ANY RECEIPT OR DELIVERY BEING CANCELED, RESCHEDULED, OR FAILING TO MEET SCHEDULE OR THE TERMS OF THIS AGREEMENT, OR ANY PRODUCT REMAINING IN THE TERMINAL AFTER THE EXPIRATION OR OT...
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Related to Deliveries To and From the Terminal

  • Shareholder Account Maintenance a. Maintain all shareholder records for each account in the Trust.

  • Conditions to the Distribution (a) The consummation of the Distribution will be subject to the satisfaction, or waiver by Parent in its sole and absolute discretion, of the following conditions:

  • Maintenance of Company Separateness The Company will, and will cause each of its Subsidiaries to, satisfy customary Business formalities, including (to the maximum extent required under applicable Business laws) the holding of regular board of directors’ and shareholders’ meetings or action by directors or shareholders without a meeting and the maintenance of Business records. Neither the Company nor any other Credit Party shall make any payment to a creditor of any Non-Guarantor Subsidiary in respect of any liability of any Non-Guarantor Subsidiary, and no lender account of any Non-Guarantor Subsidiary shall be commingled with any lender account of the Company or any other Credit Party. Any financial statements distributed to any creditors of any Non-Guarantor Subsidiary shall clearly establish or indicate the corporate separateness of such Non-Guarantor Subsidiary from the Company and its other Subsidiaries. Finally, neither the Company nor any of its Subsidiaries shall take any action, or conduct its affairs in a manner, which is likely to result in the Business existence of the Company, any other Credit Party or any Non-Guarantor Subsidiaries being ignored, or in the assets and liabilities of the Company or any other Credit Party being substantively consolidated with those of any other such Person or any Non-Guarantor Subsidiary in a bankruptcy, reorganization or other insolvency proceeding.

  • Company Deliveries On or before the Closing Date, the Company shall execute and deliver the Company Documents to the Escrow Agent.

  • Conditions Precedent to the Obligation of the Company to Sell the Shares The obligation hereunder of the Company to issue and sell the Shares is subject to the satisfaction or waiver, at or before the Closing, of each of the conditions set forth below. These conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion.

  • Conditions to the Closing Date The obligations of each Bank to make the Loans contemplated by subsections 2.1 and 2.2 and of the Issuing Bank to issue Letters of Credit contemplated by subsection 3.1 shall be subject to the compliance by the Company with its agreements herein contained and to the satisfaction, on or before October 1, 2004, of the following conditions:

  • Company Closing Deliveries At the Closing, the Company shall deliver, or cause to be delivered, to the Purchaser the following:

  • Disbursements from the Escrow Account a. At such time as Escrow Agent has collected and deposited instruments of payment in the total amount of the Advance and has received such Common Stock via D.W.A.C from the Company which are to be issued to the Investor pursuant to the Standby Equity Distribution Agreement, the Escrow Agent shall notify the Company and the Investor. The Escrow Agent will continue to hold such funds until the Investor and Company execute and deliver a Joint Written Direction directing the Escrow Agent to disburse the Escrow Funds pursuant to Joint Written Direction at which time the Escrow Agent shall wire the Escrow Funds to the Company. In disbursing such funds, Escrow Agent is authorized to rely upon such Joint Written Direction from Company and may accept any signatory from the Company listed on the signature page to this Agreement and any signature from the Investor that Escrow Agent already has on file. Simultaneous with delivery of the executed Joint Written Direction to the Escrow Agent the Investor and Company shall execute and deliver a Common Stock Joint Written Direction to the Escrow Agent directing the Escrow Agent to release via D.W.A.C to the Investor the shares of the Company's Common Stock. In releasing such shares of Common Stock the Escrow Agent is authorized to rely upon such Common Stock Joint Written Direction from Company and may accept any signatory from the Company listed on the signature page to this Agreement and any signature from the Escrow Agent has on file. In the event the Escrow Agent does not receive the amount of the Advance from the Investor or the shares of Common Stock to be purchased by the Investor from the Company, the Escrow Agent shall notify the Company and the Investor.

  • Permitted Withdrawals and Transfers from the Distribution Account (a) The Trustee will, from time to time on demand of the Master Servicer or the Securities Administrator, make or cause to be made such withdrawals or transfers from the Distribution Account as the Master Servicer has designated for such transfer or withdrawal pursuant to this Agreement and the Servicing Agreements or as the Securities Administrator has instructed hereunder for the following purposes (limited in the case of amounts due the Master Servicer to those not withdrawn from the Master Servicer Collection Account in accordance with the terms of this Agreement):

  • Conditions for Advance and Conditions to Closing Section 7.1

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