Delivery Procedures. At the Effective Time, the Merger Consideration shall be delivered by the Company and its transfer agent to the General Partners. Promptly thereafter, the General Partners shall deliver to each holder of Fund Interests (a “Partner”), in exchange for its Fund Interest, cash, a certificate representing the number of whole shares of Company Series A Preferred Stock and payment in lieu of fractional shares which such holder has the right to receive pursuant to Sections 2.1(a) and 2.2(d), after giving effect to any withholding rights described in Section 2.2(f) below.
Delivery Procedures. Prior to the time at which any Energy is to be delivered to Purchaser from the Facility, to the extent applicable, Purchaser shall schedule and be obligated to take delivery of Energy to be delivered under this Agreement. The Facility Products generated and produced from the Project (directly or through the XXXX) shall be scheduled and delivered at the Point of Delivery under the practices and procedures approved pursuant to Section 6.2, as applicable, all in accordance with the Power Purchase Agreement.
Delivery Procedures. The delivery of Solid Waste to the Facility shall be regulated by the hauler rules and regulations set forth on Exhibit C-1 hereto and which are applicable to all customers utilizing the Facility (the “Hauler Rules and Regulations”). Subject to the Jurisdictions’ prior written approval, which shall not be unreasonably withheld, the Company may amend the Hauler Rules and Regulations from time to time by delivering written notice to the Jurisdictions not less than sixty (60) days prior to the effectiveness of such amendment; provided, however, any amendment to the Hauler Rules and Regulations which is not applicable to all customers utilizing the Facility shall not be applicable to or enforceable against the Jurisdictions or its designated haulers. The Hauler Rules and Regulations shall have reasonable terms and conditions consistent with the then-current operation of the Facility as of the Execution Date. The Parties agree that in the event of a conflict between the terms of this Agreement and the Hauler Rules and Regulations, this Agreement controls.
Delivery Procedures. For Stores participating in Key Drop Deliveries, Distributor’s driver will be responsible for delivering all freezer and chilled Products into the respective walk-ins via dolly, and shall stock Products on the shelves. All dry Products are to be placed together in the storage areas located in the back of each Store. Store management is responsible for preparing walk-in units for deliveries by moving all existing merchandise to the front of the walk-ins. When space is not available or Product has not been properly rotated prior to the delivery, Distributor’s driver may place Product on the floor of the walk-in. If Distributor’s driver is not able to make a scheduled delivery to a Store due to the fault of a JJC employee (i.e., locks or security codes changed without informing Distributor in advance), JJC will pay Distributor , plus any applicable non-scheduled delivery surcharge for returning to the Store to make the delivery. All “key-drop” deliveries, in which the driver has missed their delivery window, will continue to be subject to the above requirements.
Delivery Procedures. Prior to the last trading day in the case of positions in open futures and options, and at least two business days prior to the value date in the case of forward contracts, or in any event at such earlier time as Xxxxxxx Xxxxx may reasonably require, Customer agrees that it shall give Xxxxxxx Xxxxx instructions to liquidate or make or take delivery under such futures or forward contracts, or to liquidate, exercise or allow the expiration of such options and shall deliver to Xxxxxxx Xxxxx sufficient funds and any documents required in connection with any such exercise or delivery. (Customer understands and acknowledges that option positions may be subject to automatic exercise procedures. Xxxxxxx Xxxxx will exercise all in-the-money option positions that are subject to automatic exercise unless Customer advises Xxxxxxx Xxxxx to the contrary.) If Customer fails to comply with any of the foregoing obligations, Xxxxxxx Xxxxx may, at its discretion and in any commercially reasonable manner, liquidate any open positions, make or receive delivery of any securities, commodities or instruments, or exercise or allow the expiration of any option. Customer shall remain fully liable for all costs, expenses, and liabilities incurred by Xxxxxxx Xxxxx in connection with such transactions and for any remaining debit balance.
Delivery Procedures. The Customer shall deliver the Olives to The Olive Press between 7:00am – 10:00am in ½ - ton macro bins only. Any other type of delivery container (fermenting bins, wood boxes) will either incur an additional charge or be refused. Upon delivery, The Olive Press shall weigh the Olives and provide a delivery receipt to the Customer that shall be signed by an authorized representative of The Olive Press and the Customer.
Delivery Procedures. The Delivery Notices shall be designated by BM&F on the business day subsequent to the corresponding electronic registration in the Physical Delivery System, and the following procedures shall be adopted.
(a) The Delivery Notices shall remain available on the floor to be chosen by the customers who hold long positions. BM&F shall offer the lots in the Delivery Notices to the buyers on a first in, first out basis— that is, the customers who have held long positions for the greatest amount of time shall have priority. Should there be no parties interested in receiving all or part of the commodity in the Delivery Notices, BM&F shall determine that the customer(s) who has(ve) held long position(s) for the greatest amount of time shall take delivery of the soybean.
(b) The seller resident in Brazil shall be allowed to assign a third party to take delivery of the soybean, provided he/she/it does so on the date of the Delivery Notice electronic registration. The buyer resident in Brazil shall be allowed to assign a third party to make delivery of the soybean. This assignment shall take place no later than 09:00 (Brasília time) of the third business day subsequent to the day a Delivery Notice has been designated to the buyer.
(c) The third party assignment referred to in the previous item can only be made in observance to the procedures established by BM&F, thus implying the mandatory presentation of the documentation detailed in Attachments VII and VIII.
(d) The buyers who choose to take delivery of the soybean or who are designated by BM&F to do so must send to the Exchange, through their Brokerage Houses, the information required for invoice purposes up to the day of their designation (the day a Delivery Notice has been designated to the buyer), by 09:00 (local time).
(e) The nonresident buyer must mandatorily assign a resident in Brazil to whom delivery rights and obligations must be transferred. This assignee shall become the nonresident buyer's legal representative responsible for providing transportation and shipment, and for meeting all other requirements defined by the Foreign Trade Office (SECEX) of the Development, Industry and Commerce Ministry (MDIC).
(f) The third party assigned by either buyer or seller shall assume responsibility for all obligations and requirements established in this contract, up to its final settlement. In either case, both original buyer and seller shall remain jointly and subsidiarily responsible for any and all obligations of...
Delivery Procedures. Deliveries of Solid Waste hereunder shall be substantially in accordance with written procedures established by mutual consent of the Parties.
Delivery Procedures. The SCPPA Percentage of Facility Capacity shall be scheduled and delivered to the Point of Delivery under the practices and procedures approved pursuant to Sections 6.2 and 6.3, as applicable.
Delivery Procedures. In the event that Customer or Advisor on behalf of Customer intends to make or take delivery pursuant to any Contract, Broker will be so notified prior to the close of trading in such Contract or at such earlier time as Broker may reasonably require (but not more than five business days before the last trading date). Sufficient funds to take delivery pursuant to such Contract or deliverable grade commodity to make delivery pursuant to such Contract must be delivered to Broker at such time as Broker may reasonably require in connection with such delivery and Broker may exercise any of its rights under Paragraph 6.
