Identification of Supply Source Sample Clauses

Identification of Supply Source. The principal source of the coal to be purchased and sold hereunder shall be mining facilities owned by the Seller in Pike County, Kentucky (the "Mine"), which is located in the "Big Sandx" xxil transportation rate district. Seller agrees to produce coal at the Mine for delivery to Buyer hereunder. Seller represents and warrants that it owns, leases or otherwise has the legal right to mine and sell a sufficient number of tons of recoverable coal from the Mine to supply coal to Buyer in accordance with this Agreement. The provisions of this Section 3.01 shall, however, not prevent Seller from claiming a force majeure event and in the event of force majeure, Seller may prorate its available coal to its then existing customers with prior commitments for coal.
Sample 1
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Identification of Supply Source. The principle source of the coal to be purchased and sold hereunder shall be the Holden 22 Complex owned by Falcon Land Company, Inc. and located in Xxxxx County, West Virginia (the "Complex"). Such coal shall be delivered f.o.b. barge from segregated ground storage or railcars at the Dominion Terminal Associates Coal Pier located at Newport News, Virginia ("Dominion Terminal"). These facilities collectively shall be referred to as a source complex." 2. Section 3.02 of the Agreement, as heretofore amended, is hereby further amended by adding a sentence at the end as follows: "Subject to the provisions of this section 3.02, Buyer and Seller hereby recognize the Camp Creek Complex owned by Riverton Coal Production, Inc. and located in Xxxxx County, West Virginia as a substitute supply source." 3. Section 4.02 of the Agreement is hereby amended by adding an additional paragraph at the end of the present text as follows: "For coal delivered under this Agreement f.o.b. barge at the Dominion Terminal, Buyer shall pay a transportation charge of $17.85 per ton as of the effective date of this Amendment through the remaining term of the Agreement. This charge will reimburse Seller for all coal transportation charges to include costs to transport the coal from the Complex to Dominion Terminal, and any storage, dumping, docking and handling fees levied at that facility. This transportation charge shall not be subject to the five percent (5.0%) annual adjustment as provided under this Section 4.02." 4. Section 5.02 of the Agreement is hereby amended by adding a sentence at the end of the current text as follows: "This Section 5.02 shall not apply to shipments delivered under this Agreement f.o.b. barge at Dominion Terminal. Buyer shall bear the risk of loss of each such shipment after loading into barges at Dominion Terminal." 5. Section 5.04 of the Agreement is hereby amended by adding a sentence at the end as follows: "Notwithstanding the preceding sentence, for coal shipments delivered under this Agreement f.o.b. barge at Dominion Terminal, the gross weight of coal shipped, for all purposes, shall be conclusively established by outbound belt scale at time of loading at Dominion Terminal." 6. All capitalized terms shall have the meaning ascribed to them in the Agreement, as amended, unless otherwise defined in this Amendment. 7. Except as specifically modified herein, all other terms and provisions of the Agreement, as previously amended, shall remain in full force ...
Sample 1

Related to Identification of Supply Source

  • Identification of Subject Receivables Within ten (10) Business Days after receipt of a review notice, the Servicer will deliver to the Asset Representations Reviewer a list of the Subject Receivables.

  • Jurisdiction of Organization; Location of Chief Executive Office; Organizational Identification Number; Commercial Tort Claims (a) The name of (within the meaning of Section 9-503 of the Code) and jurisdiction of organization of each Loan Party and each of its Subsidiaries is set forth on Schedule 4.6(a) (as such Schedule may be updated from time to time to reflect changes permitted to be made under Section 6.5).

  • Identification of Plans (A) None of the Consolidated Companies nor any of their respective ERISA Affiliates maintains or contributes to, or has during the past two years maintained or contributed to, any Plan that is subject to Title IV of ERISA, and (B) none of the Consolidated Companies maintains or contributes to any Foreign Plan;

  • Type and Jurisdiction of Organization, Organizational and Identification Numbers The type of entity of such Grantor, its state of organization, the organizational number issued to it by its state of organization and its federal employer identification number are set forth on Exhibit A.

  • Identification The Master Servicer and WFS have clearly marked their electronic records to indicate that such Contract is owned by the Issuer.

  • No Reliance on Agent’s Customer Identification Program Each Lender acknowledges and agrees that neither such Lender, nor any of its Affiliates, participants or assignees, may rely on the Agent to carry out such Lender’s, Affiliate’s, participant’s or assignee’s customer identification program, or other obligations required or imposed under or pursuant to the USA PATRIOT Act or the regulations thereunder, including the regulations contained in 31 CFR 103.121 (as hereafter amended or replaced, the “CIP Regulations”), or any other Anti-Terrorism Law, including any programs involving any of the following items relating to or in connection with any Borrower, its Affiliates or its agents, this Agreement, the Other Documents or the transactions hereunder or contemplated hereby: (1) any identity verification procedures, (2) any record-keeping, (3) comparisons with government lists, (4) customer notices or (5) other procedures required under the CIP Regulations or such other laws.

  • No Reliance on Administrative Agent’s Customer Identification Program Each Lender acknowledges and agrees that neither such Lender, nor any of its Affiliates, participants or assignees, may rely on the Administrative Agent to carry out such Lender’s, Affiliate’s, participant’s or assignee’s customer identification program, or other obligations required or imposed under or pursuant to the USA Patriot Act or the regulations thereunder, including the regulations contained in 31 CFR 103.121 (as hereafter amended or replaced, the “CIP Regulations”), or any other Anti-Terrorism Law, including any programs involving any of the following items relating to or in connection with any of the Loan Parties, their Affiliates or their agents, the Loan Documents or the transactions hereunder or contemplated hereby: (i) any identity verification procedures, (ii) any recordkeeping, (iii) comparisons with government lists, (iv) customer notices or (v) other procedures required under the CIP Regulations or such other Laws.

  • Customer Identification Program Notice To help the U.S. government fight the funding of terrorism and money laundering activities, U.S. Federal law requires each financial institution to obtain, verify, and record certain information that identifies each person who initially opens an account with that financial institution on or after October 1, 2003. Certain of PNC’s affiliates are financial institutions, and PNC may, as a matter of policy, request (or may have already requested) the Fund’s name, address and taxpayer identification number or other government-issued identification number, and, if such party is a natural person, that party’s date of birth. PNC may also ask (and may have already asked) for additional identifying information, and PNC may take steps (and may have already taken steps) to verify the authenticity and accuracy of these data elements.

  • Partnership Formation and Identification 6 2.1 Formation............................................................................................ 6 2.2 Name, Office and Registered Agent.................................................................... 6 2.3 Partners............................................................................................. 6 2.4

  • Business Names Other than its full corporate name, Borrower has not conducted business using any trade names or fictitious business names except as shown on the Supplement.

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