Gas Supply Agreement. Promptly following the Effective Date, Seller and Buyer shall endeavor to negotiate in good faith a mutually agreeable gas supply agreement between NextEra Energy Power Marketing, LLC and FPLE Xxxxxx, LLC and a completion payment by Buyer or the Acquired Companies to Seller or an Affiliate of Seller with respect to the pipeline project to be constructed and owned in part by an Affiliate of Seller and connecting with the KM Facilities, with the amount of such payment and the terms and conditions upon which it would be made to be set forth in such gas supply agreement.
Gas Supply Agreement. 4.1 KMGA will enter into the Gas Supply Agreement on behalf of the City and all the other Project Participants. The terms and provisions of the Gas Supply Agreement are incorporated herein by reference and are attached hereto as Exhibit C. It is the intent of KMGA and the City that the benefits and obligations accruing to KMGA in the Gas Supply Agreement will flow through to the City pursuant to this Agreement. Accordingly, in the event of a conflict between the terms of this Agreement and the Gas Supply Agreement, the Parties to this Agreement shall look to the terms of the Gas Supply Agreement to attempt to resolve such conflict.
Gas Supply Agreement. On April 18, 2007, NRC and TEC entered into a Gas Supply Agreement.
Gas Supply Agreement. Except as set forth in Exhibit A, if the Company has not renewed or extended the term of any gas supply agreement set forth in Section 5.18 of the Company Disclosure Schedule (each, a “Listed Supply Agreement”), then, if requested by the Company, Parent and the Company shall, prior to the expiration of such Listed Supply Agreement, enter into a supply agreement substantially in the form set forth in Exhibit B (the “New Supply Agreement”). If this Agreement has been terminated in accordance with Article VII, the Company shall negotiate in good faith with the applicable counterparties to renew or extend the term of each Listed Supply Agreement prior to the applicable expiration date thereof; provided, however, that the failure to agree to any such renewal or extension shall not relieve Parent of its obligation as set forth in the preceding sentence.
Gas Supply Agreement. The Borrower shall have either (i) exercised the option specified in clause 5.
Gas Supply Agreement. Upon the occurrence of (i) a Trigger Event other than a Liquidity Trigger Event, prior to the expiration of the Five Year Redemption Period or the Seven and One-Half Year Redemption Period, as applicable, or (ii) a Trigger Event that is a Liquidity Trigger Event prior to the expiration of the Five Year Redemption Period or the Seven and One-Half Year Redemption Period, as applicable, together with the occurrence of either (A) any of the events described in clause (b), (d), (e), (f) or (g) of the definition of “Trigger Event” or (B) failure of the Company to pay in cash any portion of Preferred Distribution when required to be paid by the Company pursuant to Section 4.2 (including any required Preferred Deferred Distribution Cash Payments), the Class B Representative may elect to cause the Company to terminate the Gas Supply Agreement by causing the Company to provide written notice of termination to the counterparty under the Gas Supply Agreement. If the event giving rise to the election in the preceding sentence has been cured within 15 days, the Company shall promptly notify the counterparty to the Gas Supply Agreement and such termination shall not take effect. In the event the Class B Representative causes the Company to terminate the Gas Supply Agreement pursuant to this Section 5.18, the Class B Representative shall have the right to cause the Company to enter into a substitute arrangement to replace the Gas Supply Agreement that (a) provides for the supply of gas to the Company at the lowest available market price therefor existing as of such time (as reasonably determined by the Class B Representative) and (b) is otherwise on terms reasonably satisfactory to the Class B Representative.
Gas Supply Agreement. The Company is a party to that certain Gas Supply Agreement dated November 22, 1996, by and between MCEN, as Seller, and Miami Valley Resources, Inc., as Purchaser (the "Gas Supply Agreement"), a copy of which has been separately provided to Buyer. Sellers agree to use their best efforts to cause the Gas Supply Agreement to be terminated in connection with the payment of the Outstanding Indebtedness owed to the purchaser under the Gas Supply Agreement or its affiliate. In the event a termination payment is required in order to terminate the Gas Supply Agreement, Buyer will bear and pay such payment up to but not to exceed the sum of $100,000, provided Sellers are willing to pay or cause the Company to pay (out of working capital prior to the Adjusted Consolidated Working Capital calculation) the amount, if any, by which the termination payment exceeds $100,000. In the event Sellers are not successful in obtaining termination of the Gas Supply Agreement, then the Base Price will be adjusted downward at Closing by the sum of $200,000 (the "Gas Supply Agreement Adjustment").
Gas Supply Agreement. We refer to the Gas Supply Agreement between Tipperary Oil & Gas (Australia) Pty Ltd (ABN 46 077 536 871) and ENERGEX Retail Pty Ltd (ABN 97 078 849 055) dated [XX October 2004] (the "GSA"). Capitalised words which are used in this letter have the meanings that are defined in the GSA. The GSA recognises that all parties to the JOA must be given the opportunity to become Sellers under the GSA. By signing the acknowledgment that is attached, you represent and warrant:
