Common use of Forward Contract/Forward Contract Merchants Clause in Contracts

Forward Contract/Forward Contract Merchants. The Parties agree that each of them is a forward contract merchant as set forth in 11 U.S.C. §101 (25). The Parties also agree that this Agreement is a forward contract as defined in 11 U.S.C. §101 (25). The payments and transfers described herein shall constitute “Settlement Payments” or margin as set forth in 11 U.S.C. §§ 101 (51A) and (38).

Appears in 10 contracts

Samples: Off Take Agreement (Lincolnway Energy, LLC), Off Take Agreement (Lincolnway Energy, LLC), Take Agreement (Lincolnway Energy, LLC)

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Forward Contract/Forward Contract Merchants. The Parties agree that each of them is a forward contract merchant as set forth in 11 U.S.C. §101 (25101(26). The Parties also agree that this Agreement is a forward contract as defined in 11 U.S.C. §101 (25101(25). The payments and transfers described herein shall constitute “Settlement Payments” or margin “Margin Payments” as set forth in 11 U.S.C. §§ 101 (51A§101(51A) and (38).

Appears in 4 contracts

Samples: Ethanol Marketing Agreement (Advanced BioEnergy, LLC), S Grains Marketing Agreement (Advanced BioEnergy, LLC), Ethanol Marketing Agreement (Advanced BioEnergy, LLC)

Forward Contract/Forward Contract Merchants. The Parties agree that each of them is a forward contract merchant as set forth in 11 U.S.C. §101 (25Section 101(25). The Parties also agree that this Agreement is a and the Transaction Documents are all forward contract contracts as defined in 11 U.S.C. §101 (25Section 101(25). The payments and transfers described herein shall constitute “Settlement Payments” or margin as set forth in 11 U.S.C. §§ Sections 101 (51A) 51A and (38).

Appears in 1 contract

Samples: Note (Siouxland Ethanol, LLC)

Forward Contract/Forward Contract Merchants. The Parties agree that each of them is a forward contract merchant as set forth in 11 U.S.C. §101 (25). The Parties also agree that this Agreement is a Master Agreement, along with the Supply Agreements are all forward contract contracts as defined in 11 U.S.C. §101 (25). The payments and transfers described herein shall constitute “Settlement Payments” or margin as set forth in 11 U.S.C. §§ 101 (51A) and (38).

Appears in 1 contract

Samples: Credit and Security Agreement (Iowa Renewable Energy, LLC)

Forward Contract/Forward Contract Merchants. The Parties agree that each of them is a forward contract merchant as set forth in 11 U.S.C. §101 (25). The Parties also agree that this Agreement is a forward contract as defined in 11 U.S.C. §101 (25). The payments and transfers described herein shall constitute “Settlement Payments” or margin as set forth in 11 U.S.C. §§ 101 (51A) and (38).. 15.13

Appears in 1 contract

Samples: Sale and Purchase Agreement

Forward Contract/Forward Contract Merchants. The Parties agree that each of them is a forward contract merchant as set forth in 11 U.S.C. §101 (25). The Parties also agree that this Agreement is a forward contract as defined in 11 U.S.C. §101 (25). The payments and transfers described herein shall constitute “Settlement Payments” or margin as set forth in 11 U.S.C. §§ 101 (51A) 51A and (38).. 12.13

Appears in 1 contract

Samples: Feedstock Supply Agreement

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Forward Contract/Forward Contract Merchants. The Parties agree that each of them is a forward contract merchant as set forth in 11 U.S.C. §101 (25101(26). The Parties also agree that this Agreement is a forward contract as defined in 11 U.S.C. §101 (25101(25). The payments and transfers described herein shall constitute “Settlement Payments” or margin “Margin Payments” as set forth in 11 U.S.C. §§ 101 (51A101(51A) and (38).

Appears in 1 contract

Samples: Corn Supply Agreement (Heron Lake BioEnergy, LLC)

Forward Contract/Forward Contract Merchants. The Parties agree that each of them is a forward contract merchant as set forth in 11 U.S.C. §101 (25). The Parties also agree that this Agreement is a forward contract as defined in 11 U.S.C. §101 (25). The payments and transfers described herein shall constitute “Settlement Payments” or margin as set forth in 11 U.S.C. §§ 101 (51A) 51A and (38).

Appears in 1 contract

Samples: Feedstock Supply Agreement (Iowa Renewable Energy, LLC)

Forward Contract/Forward Contract Merchants. The Parties agree that each of them is a forward contract merchant as set forth in 11 U.S.C. §101 (25101(26). The Parties also agree that this Agreement is a Master Agreement, along with the Supply Agreements, are all forward contract contracts as defined in 11 U.S.C. §101 (25101(25). The payments and transfers described herein shall constitute “Settlement Payments” or margin “Margin Payments” as set forth in 11 U.S.C. §§ 101 (51A101(51A) and (38).

Appears in 1 contract

Samples: Credit and Security Agreement (Heron Lake BioEnergy, LLC)

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