Facility Notice Sample Clauses

Facility Notice. In the event that either NutraCea or Pacific Advisors (the “Initiating Member”) identifies a site or opportunity that it believes is suitable for a Facility within the Territory and desires to pursue, the Initiating Member shall provide written notice to the Company of the opportunity (“Facility Notice”) and, in connection therewith, shall deliver to the Company and the Finance Committee all information in the possession of such party regarding such proposed Facility (including without limitation the potential size of the Facility, its expected output, its costs, its location, the parties involved, the financial commitments related to the Facility, the expected revenues/profits of such Facility, and the proposed purchaser or purchasers (the “Target Purchasers”) of the Product produced by the proposed Facility). The proposed Facility may be a facility for the production of either SRB or any other Product listed on Exhibit B. If any member of the Finance Committee believes that the proposed Facility might be suitable for the Company, the Finance Committee shall meet to consider the proposed Facility, and the Finance Committee and the Company shall thereafter evaluate and in good faith consider the proposed Facility as an investment by the Company. Provided that the Company is, in good faith, proceeding with its evaluation of the proposed Facility as an investment by the Company, the Company shall have the exclusive right to such proposed project for a period of 60 days after the date of delivery of the Facility Notice, and no Class A Member may, during such time, take any action to develop such proposed Facility for its own account. If the Finance Committee decides to pursue a proposed Facility, the Finance Committee shall advise the Initiating Member that the Company is proceeding. The Finance Committee shall thereafter establish a budget to construct and establish the proposed Facility and, based on that budget, may thereafter require the Class A Members to make one or more capital contributions to fund the development of the new Facility, which capital contribution shall first be requested under Section 4.2.1(b) and thereafter under Section 4.5. The Company shall be deemed to have rejected a proposed Facility if (i) any member of the Finance Committee votes against the proposed Facility, (ii) any member of the Finance Committee fails to vote for or against the proposed Facility within such 60 day period, or (iii) if after the Finance Committee approves th...
Sample 1
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Facility Notice. Buyer acknowledges that Seller has advised Buyer pursuant to MCL 324.20116(1) that Seller has knowledge or information or is on notice through a recorded instrument that the Kentwood Property and the Stevensville Property are each a "facility" within the meaning of MCL 324.20101(o). All of the information known to Seller concerning the general nature and extent of the releases that qualify the Kentwood Property and the Stevensville Property as "facilities" is contained in the applicable documents listed in Schedule 10(z).
Sample 1
Facility Notice. 28 Section 3.2 CEQA/NEPA Determinations ......................................................................... 29 Section 3.3 General ............................................................................................................ 30 Section 3.4 Site Confirmation ............................................................................................ 30 Section 3.5 Subcontracts .................................................................................................... 31 Section 3.6 Certification of Commercial Operation Date .................................................. 31 Section 3.7 Milestone Schedule ......................................................................................... 31 Section 3.8 Decommissioning and Other Costs ................................................................. 33 ARTICLE IV OPERATION AND MAINTENANCE OF THE FACILITY .............................. 33 Section 4.1 General Operational Requirements ................................................................. 33 Section 4.2 Operation and Maintenance Plan .................................................................... 34 Section 4.3 Environmental Credits .................................................................................... 34 Section 4.4 Outages ............................................................................................................ 34
Sample 1

Related to Facility Notice

  • Selection Notice A Selection Notice to be effective must be:

  • Termination Notice If either Party, having become entitled to do so, decides to terminate this Agreement pursuant to the preceding Clause 8.2 (a) (i) or 8.2 (a) (ii), it shall issue Termination Notice setting out:

  • Delivery Notice Notice of the Aircraft's Delivery Date, given by the Lessee as provided in Section 3.01 of the Participation Agreement and including any notice with respect to a postponed Delivery Date given by the Lessee pursuant to Section 3.05(c) of the Participation Agreement.

  • Extension Request The Borrower shall provide the applicable Extension Request at least three (3) Business Days prior to the date on which Lenders under the Existing Term Loan Tranche or Existing Revolver Tranche, as applicable, are requested to respond, and shall agree to such procedures, if any, as may be established by, or acceptable to, the Administrative Agent, in each case acting reasonably to accomplish the purposes of this Section 2.16. No Lender shall have any obligation to agree to have any of its Term Loans of any Existing Term Loan Tranche amended into Extended Term Loans or any of its Revolving Credit Commitments amended into Extended Revolving Credit Commitments, as applicable, pursuant to any Extension Request. Any Lender holding a Loan under an Existing Term Loan Tranche (each, an “Extending Term Lender”) wishing to have all or a portion of its Term Loans under the Existing Term Loan Tranche subject to such Extension Request amended into Extended Term Loans and any Revolving Credit Lender (each, an “Extending Revolving Credit Lender”) wishing to have all or a portion of its Revolving Credit Commitments under the Existing Revolver Tranche subject to such Extension Request amended into Extended Revolving Credit Commitments, as applicable, shall notify the Administrative Agent (each, an “Extension Election”) on or prior to the date specified in such Extension Request of the amount of its Term Loans under the Existing Term Loan Tranche or Revolving Credit Commitments under the Existing Revolver Tranche, as applicable, which it has elected to request be amended into Extended Term Loans or Extended Revolving Credit Commitments, as applicable (subject to any minimum denomination requirements imposed by the Administrative Agent). In the event that the aggregate principal amount of Term Loans under the Existing Term Loan Tranche or Revolving Credit Commitments under the Existing Revolver Tranche, as applicable, in respect of which applicable Term Lenders or Revolving Credit Lenders, as the case may be, shall have accepted the relevant Extension Request exceeds the amount of Extended Term Loans or Extended Revolving Credit Commitments, as applicable, requested to be extended pursuant to the Extension Request, Term Loans or Revolving Credit Commitments, as applicable, subject to Extension Elections shall be amended to Extended Term Loans or Revolving Credit Commitments, as applicable, on a pro rata basis (subject to rounding by the Administrative Agent, which shall be conclusive) based on the aggregate principal amount of Term Loans or Revolving Credit Commitments, as applicable, included in each such Extension Election.

  • Notice to NYSE Parent shall, to the extent possible, give the NYSE not less than ten (10) days’ advance notice of the Record Date in compliance with Rule 10b-17 under the Exchange Act.

  • Notice of Extension (a) If the Institutional Trustee is the only registered Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Regular Trustees, the Institutional Trustee and the Trustee of its selection of such Extended Interest Payment Period one Business Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable, or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.

  • Notice to Customers Pershing shall, upon the opening of an account pursuant to Paragraph 5 of this Agreement, mail to each customer a copy of the notice to customers required by NYSE Rule 382(c).

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