Forward Contract. The Parties acknowledge and agree that this Agreement and the transactions contemplated hereunder are a “forward contract” within the meaning of the United States Bankruptcy Code.
Appears in 44 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Forward Contract. The Parties acknowledge and agree that transaction contemplated under this Agreement and the transactions contemplated hereunder are constitutes a “forward contract” within the meaning of the United States Bankruptcy Code, and the Parties further acknowledge and agree that each Party is a “forward contract merchant” within the meaning of the United States Bankruptcy Code.
Appears in 40 contracts
Samples: Solar Carport Lease Agreement, Solar Carport Lease Agreement, Solar Power Purchase Agreement
Forward Contract. The Parties acknowledge and agree that this Agreement and the transactions contemplated hereunder are constitutes a “forward contract” within the meaning of the United States Bankruptcy Code.
Appears in 22 contracts
Samples: Capacity Purchase Agreement, Capacity Purchase Agreement, Capacity Purchase Agreement
Forward Contract. The Parties acknowledge and agree that this Agreement and the transactions contemplated hereunder are constitutes a “forward contract” within the meaning of the United States Bankruptcy Code (Title 11, United States Code).
Appears in 12 contracts
Samples: Wholesale Renewable Power and Storage Capacity Purchase Agreement, Wholesale Renewable Power and Storage Capacity Purchase Agreement, Storage Capacity Agreement
Forward Contract. The Parties acknowledge and agree that this Agreement and the transactions contemplated hereunder are by this Agreement constitute a “forward contract” within the meaning of the United States Bankruptcy Code.
Appears in 10 contracts
Samples: Renewable Energy Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Forward Contract. The Parties acknowledge and agree that this Agreement and the transactions contemplated hereunder are shall constitute a “forward contract” and that Company is a “forward contract merchant” within the meaning of the United States Bankruptcy Code.
Appears in 8 contracts
Samples: Renewable Energy Credit Purchase Agreement, Up Front Incentive Renewable Energy Credit Purchase Agreement, Up Front Incentive Renewable Energy Credit Purchase Agreement
Forward Contract. The Parties acknowledge and agree that this Agreement and the transactions contemplated hereunder are a all Transactions constitute “forward contractcontracts” within the meaning of the United States Bankruptcy Code.
Appears in 7 contracts
Samples: Power and Gas Master Agreement, Power Purchase Agreement, Master Fuel Purchase and Sale Agreement (Foresight Energy LP)
Forward Contract. The Parties acknowledge and agree that this Agreement and the transactions contemplated hereunder are is a “forward contract” within the meaning of the United States Bankruptcy Code, and that the Parties are acting as “forward contract merchants” by entering into the Agreement.
Appears in 5 contracts
Samples: Power Purchase Agreement, Energy Storage Agreement, Energy Storage Agreement
Forward Contract. The Parties acknowledge and agree that this Agreement and the transactions contemplated hereunder are each nomination documented by a confirmation notice in accordance with Section 5.05 constitutes a “forward contract” within the meaning of the United States Bankruptcy Code.
Appears in 5 contracts
Samples: Natural Gas Asset Management Agreement, Natural Gas Asset Management Agreement (RGC Resources Inc), Natural Gas Asset Management Agreement (RGC Resources Inc)
Forward Contract. The Parties acknowledge and agree that this Agreement and the transactions contemplated hereunder are by this Agreement constitute a “"forward contract” " within the meaning of the United States Bankruptcy Code and that Seller and Buyer are "forward contract merchants" within the meaning of the United States Bankruptcy Code.
Appears in 4 contracts
Samples: Renewable Power Purchase Agreement, Renewable Power Purchase Agreement, Renewable Power Purchase Agreement
Forward Contract. The Parties acknowledge and agree that the transaction contemplated under this Agreement and the transactions contemplated hereunder are constitutes a “forward contract” within the meaning of the United States Bankruptcy Code, and the Parties further acknowledge and agree that each Party is a “forward contract merchant” within the meaning of the United States Bankruptcy Code.
Appears in 4 contracts
Samples: Asset Purchase Agreement (SolarMax Technology, Inc.), Virtual Net Metering Credit Purchase and Assignment Agreement, Electric Services Agreement
Forward Contract. The Parties acknowledge and agree that this Agreement and the transactions contemplated hereunder are constitutes a “forward contract” within the meaning of the United States Bankruptcy Code.Code.
Appears in 4 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Forward Contract. The Parties acknowledge and agree that this Agreement and the transactions contemplated hereunder are by this Agreement constitute a “forward contract” within the meaning of the United States Bankruptcy Code and that Seller and Buyer are “forward contract merchants” within the meaning of the United States Bankruptcy Code.
Appears in 4 contracts
Samples: Renewable Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Forward Contract. The Parties acknowledge and agree that this Agreement and the transactions contemplated hereunder are a “forward contract” within the meaning of the United States Bankruptcy Code.Code.
Appears in 3 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Forward Contract. The Parties acknowledge and agree that this Agreement and the transactions contemplated hereunder are is a “"forward contract” within " and a "master netting agreement" as such terms are defined in the meaning of United States Bankruptcy Code, and that each Party is a "forward contract merchant" as such term is defined in the United States Bankruptcy Code.
Appears in 3 contracts
Samples: Gas Purchase Agreement (Petroleum Development Corp), Gas Purchase Agreement (Rockies Region 2007 Lp), Gas Purchase Agreement (Rockies Region 2007 Lp)
Forward Contract. The Parties acknowledge and agree that this Agreement and the transactions contemplated hereunder are constitutes a “forward contract” and that they are each “forward contract merchants” within the meaning of the United States Bankruptcy Code.
Appears in 3 contracts
Samples: Resource Adequacy Purchase Agreement, Resource Adequacy Purchase Agreement, Resource Adequacy Purchase Agreement
Forward Contract. The Parties acknowledge and agree that this each transaction entered into under the Agreement and the transactions contemplated hereunder are shall constitute a “forward contract” and that the Parties are “forward contract merchants” within the meaning of the United States Bankruptcy Code.
Appears in 3 contracts
Samples: Master Rack Sales Agreement, Master Rack Sales Agreement, Master Rack Sales Agreement
Forward Contract. The Parties acknowledge and agree that this Agreement and the transactions contemplated hereunder are shall constitute a “forward contract” within the meaning of the United States Bankruptcy Code, and that each Party is a “forward contract merchant” within the meaning of the United States Bankruptcy Code.
Appears in 2 contracts
Samples: Master Product Purchase and Sale Agreement, Master Product Purchase and Sale Agreement
Forward Contract. The Parties acknowledge and agree that this Agreement and the transactions contemplated hereunder are by this Agreement constitute a “"forward contract” " within the meaning of the United States Bankruptcy Code.
Appears in 2 contracts
Samples: Solar Power Purchase Agreement, Power Purchase Agreement
Forward Contract. The Parties acknowledge and agree that this Agreement constitutes a "forward contract" and the transactions contemplated hereunder Parties agrees that both Parties are a “"forward contract” contract merchants" within the meaning of the United States Bankruptcy Code.
Appears in 2 contracts
Samples: Substitute Energy Purchase Agreement (WESTMORELAND COAL Co), Substitute Energy Purchase Agreement (WESTMORELAND COAL Co)
Forward Contract. The Parties acknowledge and agree that this Agreement and the transactions contemplated hereunder are each transaction document by a “confirmation notice in accordance with Section 5.05 constitutes a "forward contract” " within the meaning of the United States Bankruptcy Code.
Appears in 2 contracts
Samples: Natural Gas Asset Management Agreement (RGC Resources Inc), Natural Gas Asset Management Agreement (RGC Resources Inc)
Forward Contract. The Parties acknowledge and agree that this Agreement and the transactions contemplated hereunder are constitutes a “"forward contract” " within the meaning of the United States Bankruptcy Code.
Appears in 2 contracts
Samples: Index Based Gas Sale and Power Purchase Agreement (Delta Energy Center, LLC), Wecc Fixed Price Gas Sale and Power Purchase Agreement (Delta Energy Center, LLC)
Forward Contract. The Parties acknowledge and agree that this This Agreement and the transactions contemplated hereunder are constitutes a “forward contract” and each party represents and warrants that it is a “forward contract merchant” within the meaning of the United States Bankruptcy Code.
Appears in 2 contracts
Samples: Renewable Energy Certificate Master Agreement, Srec Purchase and Sale Agreement
Forward Contract. The Parties acknowledge and agree that this Agreement is construed and the transactions contemplated hereunder are understood to be a “forward contract” within as defined by the meaning of the United States U.S. Bankruptcy Code.
Appears in 2 contracts
Samples: Aggregation Program Agreement, Electric Service Agreement
Forward Contract. The Parties acknowledge and agree that this Agreement and all Transactions constitute “forward contracts” within the transactions contemplated hereunder are meaning of the United States Bankruptcy Code. Each Party represents that it is a “forward contractcontract merchant” within the meaning of the United States Bankruptcy Code.
Appears in 2 contracts
Samples: Ercot Wholesale Electricity Enabling Agreement, Ercot Wholesale Electricity Enabling Agreement
Forward Contract. The Parties acknowledge and agree that (a) this Agreement and the transactions contemplated hereunder are constitutes a “forward contract” contract within the meaning of the United States Bankruptcy Code, and (b) Vendor is a forward contract merchant.
Appears in 2 contracts
Samples: Master Power Supply Agreement, Master Agreement for the Use of Renewable Energy
Forward Contract. The Parties acknowledge and agree that this the Agreement and the transactions contemplated hereunder are consummated thereunder constitute a “forward contract” within the meaning of the United States Bankruptcy Code and that each of Seller and Buyer is a “forward contract merchant” within the meaning of the United States Bankruptcy Code.
Appears in 2 contracts
Forward Contract. The Parties acknowledge and agree that this Agreement and transactions pursuant to the transactions contemplated hereunder are a “Agreements shall constitute "forward contract” contracts" within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Samples: Netting Agreement
Forward Contract. The Parties acknowledge and agree that this Agreement and the transactions contemplated hereunder are by the Agreement is considered a “forward contract” within the meaning of the United States as that term is defined by U.S. Bankruptcy CodeLaw.
Appears in 1 contract
Samples: Master Electric Energy Sales Agreement (SilverSun Technologies, Inc.)
Forward Contract. The Parties acknowledge and agree that this Agreement and the transactions contemplated hereunder are consummated under this Agreement constitute a “forward contract” within the meaning of the United States Bankruptcy Code and that each Party is a “forward contract merchant” within the meaning of the Bankruptcy Code.
Appears in 1 contract
Samples: Power Purchase Agreement
Forward Contract. The Parties acknowledge and agree that each transaction entered into under this Agreement and the transactions contemplated hereunder are shall constitute a “"forward contract” " and that the Parties are "forward contract merchants" within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Samples: Master Rack Sales Agreement
Forward Contract. The Parties acknowledge and agree that this Agreement and the transactions contemplated hereunder are shall constitute a “forward contract” and that the Parties are “forward contract merchants” within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Forward Contract. The Parties acknowledge and agree that this Agreement and the transactions contemplated hereunder are consummated thereunder constitute a “forward contractForward Contract” within the meaning of the United States Bankruptcy Code and that each of Provider and Receiver is a “Forward Contract Merchant” within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Forward Contract. The Parties acknowledge and agree that the transaction contemplated under this Agreement constitutes a "forward contract" within the meaning of the United States Bankruptcy Code, and the transactions contemplated hereunder are Parties further acknowledge and agree that each Party is a “"forward contract” contract merchant" within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Forward Contract. The Parties acknowledge and agree that this Agreement and the transactions contemplated hereunder are constitutes a “forward contract” within the meaning of the United States Bankruptcy Code.. 51
Appears in 1 contract
Forward Contract. The Parties acknowledge and agree that this Agreement and the transactions contemplated hereunder are Transaction constitutes a “‘forward contract” ’ within the meaning of the United States Bankruptcy Code.”
Appears in 1 contract
Forward Contract. The Parties acknowledge and agree that this Agreement and the transactions contemplated hereunder are contract constitutes a “"forward contract” " within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Forward Contract. The Parties acknowledge and agree that this This Agreement and the transactions contemplated hereunder are constitutes a “forward contract”, and each party represents and warrants that it is a “forward contract merchant” within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Samples: Purchase and Sale Agreement
Forward Contract. The Parties acknowledge and agree that this Agreement and the transactions contemplated hereunder are constitute a “"forward contract” " within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Forward Contract. The Parties acknowledge Each party acknowledges and agree agrees that it is a “forward contract merchant”, and this Agreement and the transactions contemplated all Consignments hereunder are a constitute “forward contract” contracts”, within the meaning of the United States Bankruptcy CodeCode to the extent the United States Bankruptcy Code may apply.
Appears in 1 contract
Samples: Master Bullion Consignment Agreement (Quality Gold Holdings, Inc.)
Forward Contract. The Parties acknowledge and agree that this Agreement and the transactions contemplated hereunder are constitutes a “forward contract” within the meaning of the United States Bankruptcy Code.. [Signature page follows]
Appears in 1 contract
Samples: Capacity Purchase Agreement
Forward Contract. The Parties acknowledge and agree that the transaction contemplated under this Agreement and the transactions contemplated hereunder are constitutes a “forward contract” within the meaning of the United States Bankruptcy Code and the Parties further acknowledge and agree that that each Party is a “forward contract merchant” within the meaning of the United States Bankruptcy Code.. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
Appears in 1 contract
Samples: Power Purchase Agreement
Forward Contract. The Parties acknowledge and agree that this Agreement and the transactions transaction(s) contemplated hereunder are under this Agreement constitutes a “forward contract” within the meaning of the United States Bankruptcy Code, and the Parties further acknowledge and agree that each Party is a “forward contract merchant” within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Samples: Retail Electricity Sales Agreement
Forward Contract. The Parties acknowledge and agree that this Agreement and the transactions contemplated hereunder are constitutes a “forward contract” within the meaning of the United States Bankruptcy Code.. 57
Appears in 1 contract
Samples: Power Purchase Tolling Agreement
Forward Contract. The Parties acknowledge and agree that transaction contemplated under this Agreement and the transactions contemplated hereunder are constitutes a “forward contract” within the meaning of the United States Bankruptcy Code, and the Parties further acknowledge and agree that each Party is a “forward contract merchant” within the meaning of the Untied States Bankruptcy Code.
Appears in 1 contract
Samples: Solar Services Agreement
Forward Contract. The Parties acknowledge and agree that transaction contemplated under this Agreement and the transactions contemplated hereunder are a constitutesa “forward contract” within the meaning of the United States Bankruptcy Code, and the Parties further acknowledge and agree that each Party is a “forward contract merchant” within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Samples: Solar Power Purchase Agreement
Forward Contract. The Parties acknowledge and agree that this Agreement constitutes a "forward contract" and the transactions contemplated hereunder Parties agrees that both Parties are a “"forward contract” contract merchants" within the meaning of the United States Bankruptcy Code.. ARTICLE 3
Appears in 1 contract
Samples: Substitute Energy Purchase Agreement
Forward Contract. The Parties acknowledge and parties agree that this Agreement and (a) each of the transactions contemplated hereunder are Transactions under these Terms constitute a “forward contract” within the meaning of the United States Bankruptcy Code.,
Appears in 1 contract
Samples: Terms of Sale
Forward Contract. The Parties acknowledge and agree that this Agreement and the transactions contemplated hereunder are a “all ---------------- Transactions constitute "forward contract” contracts" within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Forward Contract. The Parties acknowledge and agree that this Agreement and the transactions contemplated hereunder by this Agreement constitute a "forward contracf' within the meaning of the United States Bankruptcy Code and that Seller and Buyer are a “"forward contract” contract merchants" within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Samples: Renewable Power Purchase Agreement
Forward Contract. The Parties acknowledge and agree that this Agreement and the transactions contemplated hereunder are constitutes a “forward contract” between “forward contract merchants” within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Samples: Energy Storage Agreement
Forward Contract. The Parties acknowledge and agree that this Agreement and the transactions contemplated hereunder are constitutes a “forward contract” and that they are “forward contract merchants” within the meaning of the United States Bankruptcy Code.Code.
Appears in 1 contract
Samples: Power Purchase Agreement
Forward Contract. The Parties acknowledge and agree that this Confirmation Agreement and the transactions contemplated hereunder are constitutes a “forward contract” within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Forward Contract. The Parties acknowledge and agree that this Agreement and the transactions contemplated hereunder are by this Agreement constitute a “forward contract” within the meaning of the United States Bankruptcy Code and that Seller is a “forward contract merchant” within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Samples: Power Purchase Agreement
Forward Contract. The Parties acknowledge and agree that this Agreement and the transactions transaction(s) contemplated hereunder are under this Agreement constitutes a “"forward contract” " within the meaning of the United States Bankruptcy Code, and the Parties further acknowledge and agree that each Party is a "forward contract merchant" within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Samples: Sales Confirmation
Forward Contract. The Parties acknowledge and agree that this Agreement and the transactions contemplated hereunder are a “all Transactions constitute "forward contract” contracts" within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Samples: Master Power Purchase and Sales Agreement (Texas Genco Holdings Inc)
