ESTABLISHMENT AND QUANTITY Sample Clauses

ESTABLISHMENT AND QUANTITY. To guarantee to the SELLER and BUYER an uninterrupted and sufficient feedstock of Cobalt Alloy to the KOKKOIA Plants, GECAMINES allows the SELLER and the BUYER to build up a Buffer Stock of Cobalt Alloy in KOKKOLA, in addition to the commercial stock to alleviate the problem caused by possible disturbances in the deliveries. For that reason GECAMINES undertakes to sell to the J.V. and the J.V. undertakes to buy from GECAMINES the quantity of Slag necessary for building up the Buffer Stock. The Cobalt contained in the Buffer Stock shall be 2,500 tons. The monthly amount of cobalt contained in the Cobalt Alloy exceeding the agreed monthly tonnage taken into usage by KCO shall be used for building up the Buffer Stock until the 2,500 tons of Cobalt Contained in the Cobalt Alloy have been reached. In the event that the cobalt content in the Buffer Stock decreases during the validity period of this Agreement, because of interruption or slowing down of the deliveries the excess quantity above the agreed monthly supply shall be used for rebuilding the Buffer Stock until the cobalt content of 2,500 tons has been reached again. Nevertheless, the Parties agree that the total amount of cobalt contained in the Buffer Stock, i.e. 2.500 tons, may be reduced by 400 tons per year from the year 2006 so that the quantity of cobalt contents will be reduced to 2.100 tons at the end of the year 2006, and so on, provided, however, that 0MG and GGF have been entirely reimbursed and repaid by the J.v. in form of dividends or other distributions the total value of their investments in the Projects including all the interests accrued and financial charges. In case not, the reduction of the Buffer Stock shall be postponed accordingly. If during the reduction period hereinabove referred there will be disturbances in the deliveries and as a result the Buffer Stock level falls short of the above formula, then the annual reductions shall be postponed until the minimum level of the Buffer Stock has first been met. End 2006 : 2.100 tons of cobalt End 2007 : 1.700 tons of cobalt End 2008 : 1.300 tons of cobalt End 2009 : 900 tons of cobalt End 2010 : 500 tons of cobalt End 2011 : 100 tons of cobalt End 2012 : Liquidation of the Buffer Stock. With regard to any situation other than what is regulated hereinabove, the Parties will meet to find a joint understanding.
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ESTABLISHMENT AND QUANTITY. To safeguard that KCO shall get an uninterrupted and sufficient feedstock of Cobalt Alloy to the KOKKOLA Plants, GECAMINES allows the PURCHASER to build up a Buffer Stock of Cobalt Alloy in KOKKOLA besides the Commercial Stock to back up for any supply interruption. Therefore GECAMINES agrees to sell to the J.V. and the J.V. agrees to purchase the quantity of Slag necessary for building up the Buffer Stock. The total cobalt quantity contained in the Buffer Stock shall be 2,500 tons. The monthly amount of Cobalt Alloy exceeding the monthly agreed tonnage taken into usage by KCO shall be used for building up the Buffer Stock until the quantity of 2,500 tons of Cobalt contents has been reached. In the event that the cobalt content in the Buffer Stock decreases during the term of this Agreement, either as a result of an interruption of deliveries or insufficient deliveries, the excess quantity above the agreed monthly supply shall be used for rebuilding the Buffer Stock until the minimum cobalt content of 2,500 tons has been reached again. ** Confidential treatment has been requested with respect to certain information contained within this document. Confidential portions are omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities and Exchange Act of 1934.

Related to ESTABLISHMENT AND QUANTITY

  • Number and Qualifications The number of Managers of the Company shall not be less than three nor more than five, as may be determined by the Member from time to time, but no decrease in the number of Managers shall have the effect of shortening the term of any incumbent Manager.

  • Number and Qualification Prior to a public offering of Shares there may be a sole Trustee. Thereafter, the number of Trustees shall be determined by a written instrument signed by a majority of the Trustees then in office, provided that the number of Trustees shall be no less than two or more than nine. No reduction in the number of Trustees shall have the effect of removing any Trustee from office prior to the expiration of his term. An individual nominated as a Trustee shall be at least 21 years of age and not older than 80 years of age at the time of nomination and not under legal disability. Trustees need not own Shares and may succeed themselves in office.

  • Organization, Power and Qualification Bank is a national banking association duly organized, validly existing and in good standing under the laws of the United States of America and has full corporate power and authority to enter into this Agreement and to carry out the provisions of this Agreement. Bank is duly qualified and in good standing to do business in all jurisdictions where such qualification is necessary for Bank to carry out its obligations under this Agreement.

  • Diversification and Qualification 6.1. The Fund will invest its assets in such a manner as to ensure that the Contracts will be treated as annuity or life insurance contracts, whichever is appropriate, under the Code and the regulations issued thereunder (or any successor provisions). Without limiting the scope of the foregoing, each Designated Portfolio has complied and will continue to comply with Section 817(h) of the Code and Treasury Regulation Section 1.817-5, and any Treasury interpretations thereof, relating to the diversification requirements for variable annuity, endowment, or life insurance contracts, and any amendments or other modifications or successor provisions to such Section or Regulations. In the event of a breach of this Article VI by the Fund, it will take all reasonable steps (a) to notify the Company of such breach and (b) to adequately diversify the Fund so as to achieve compliance within the grace period afforded by Regulation 1.817-5.

  • Existence and Qualification; Power; Compliance With Laws Parent and each of the Borrowers are duly formed, validly existing and in good standing under the Laws of its jurisdiction of formation. Parent and each of the Borrowers are duly qualified or registered to transact business and is in good standing in each other jurisdiction in which the conduct of its business or the ownership or leasing of its Properties makes such qualification or registration necessary, except where the failure so to qualify or register and to be in good standing would not constitute a Material Adverse Effect. Parent and each of the Borrowers have all requisite corporate or partnership power (as applicable) and authority to conduct their respective business, to own and lease their respective Properties and to execute and deliver each Loan Document to which it is a Party and to perform its Obligations. All outstanding shares of capital stock of Parent and each of the Borrowers are duly authorized, validly issued, fully paid, and non-assessable and no holder thereof has any enforceable right of rescission under any applicable state or federal securities Laws. Parent and each of the Borrowers are in compliance with all Laws and other legal requirements applicable to their respective business, have obtained all authorizations, consents, approvals, orders, licenses and permits from, and have accomplished all filings, registrations and qualifications with, or obtained exemptions from any of the foregoing from, any Governmental Agency that are necessary for the transaction of their business, except where the failure so to comply, file, register, qualify or obtain exemptions does not constitute a Material Adverse Effect.

  • Number, Tenure and Qualifications The number of managers of the Company shall be not less than one (1) nor more than ten (10), but may be increased by amendment of this LLC Agreement by the Members. Each manager shall hold office for the term of which he is elected or until his successor shall have been elected and qualifies for the office, whichever period is longer. Managers need not be residents of the state of formation nor need they be the holder of any Percentage Ownership of the Company.

  • Formation and Qualification (a) Each Borrower is duly incorporated and in good standing under the laws of the state listed on Schedule 5.2(a) and is qualified to do business and is in good standing in the states listed on Schedule 5.2(a) which constitute all states in which qualification and good standing are necessary for such Borrower to conduct its business and own its property and where the failure to so qualify could reasonably be expected to have a Material Adverse Effect on such Borrower. Each Borrower has delivered to Agent true and complete copies of its certificate of incorporation and by-laws and will promptly notify Agent of any amendment or changes thereto.

  • Organization and Qualification The Company and each of the Subsidiaries is an entity duly incorporated or otherwise organized, validly existing and in good standing under the laws of the jurisdiction of its incorporation or organization, with the requisite power and authority to own and use its properties and assets and to carry on its business as currently conducted. Neither the Company nor any Subsidiary is in violation nor default of any of the provisions of its respective certificate or articles of incorporation, bylaws or other organizational or charter documents. Each of the Company and the Subsidiaries is duly qualified to conduct business and is in good standing as a foreign corporation or other entity in each jurisdiction in which the nature of the business conducted or property owned by it makes such qualification necessary, except where the failure to be so qualified or in good standing, as the case may be, could not have or reasonably be expected to result in: (i) a material adverse effect on the legality, validity or enforceability of any Transaction Document, (ii) a material adverse effect on the results of operations, assets, business, prospects or condition (financial or otherwise) of the Company and the Subsidiaries, taken as a whole, or (iii) a material adverse effect on the Company’s ability to perform in any material respect on a timely basis its obligations under any Transaction Document (any of (i), (ii) or (iii), a “Material Adverse Effect”) and no Proceeding has been instituted in any such jurisdiction revoking, limiting or curtailing or seeking to revoke, limit or curtail such power and authority or qualification.

  • Organization, Good Standing and Qualification The Company is a corporation duly organized, validly existing, and in good standing under the laws of the State of Delaware and has all requisite corporate power and authority to carry on its business as now conducted. The Company is duly qualified to transact business and is in good standing in each jurisdiction in which the failure to so qualify would have a material adverse effect on its business or properties.

  • Existence and Qualification Purchaser is a corporation organized, validly existing, and in good standing under the Laws of the state of Delaware.

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