Incorporation by Reference; Purchase and Sale; Quantity and Quality Sample Clauses

Incorporation by Reference; Purchase and Sale; Quantity and Quality. 1.1 By this reference the Preambles are incorporated in and made a part of this Supply Contract. 1.2 For the calendar year 1998, Seller agrees to sell and deliver to Buyer and Buyer agrees to purchase and take from Seller 72,000 air dried metric tons ("ADMT") of Halsxx xxxached Kraft baled pulp ("Pulp") of which at least 36,000 ADMT shall be sawdust pulp ("Sawdust Pulp") and approximately 36,000 ADMT shall be softwood pulp ("Softwood Pulp"). Seller shall deliver Pulp at approximately 275 ADMT per day. 1.3 Any year after 1998 for which the parties, pursuant to Section 3.5 herein, agree in writing as to (1) an extension of the Supply Contract, and (2) the price, volume and mix of Pulp to be sold and purchased during such year is an "Extension Year." Any year after 1998 which is not an Extension Year is a "Phase Down Year." During a Phase Down Year Seller agrees to sell to Buyer and Buyer agrees to purchase from Seller 50,000 ADMT of Pulp of which at least 25,000 ADMT shall be Sawdust Pulp and approximately 25,000 ADMT shall be Softwood Pulp. Seller shall deliver Pulp at approximately 200 ADMT per day. 1.4 Buyer may adjust tonnage from week to week to accommodate the mill's production changes on a day-to-day basis, provided, however, that the mix of Pulp purchased by Buyer hereunder shall remain substantially 50% Sawdust Pulp and 50% Softwood Pulp. Seller reserves the right to provide Pulp in satisfaction of its obligations under this Supply Contract either through its pulp manufacturing facilities in Halsey, Oregon or from other sources, provided such pulp meets the specification requirements or the functional equivalent thereof of this Supply Contract.
Sample 1
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Related to Incorporation by Reference; Purchase and Sale; Quantity and Quality

  • Incorporation by Reference, Etc The provisions of the Plan are hereby incorporated herein by reference. Except as otherwise expressly set forth herein, this Agreement shall be construed in accordance with the provisions of the Plan and any capitalized terms not otherwise defined in this Agreement shall have the definitions set forth in the Plan. The Committee shall have final authority to interpret and construe the Plan and this Agreement and to make any and all determinations under them, and its decision shall be binding and conclusive upon the Participant and his legal representative in respect of any questions arising under the Plan or this Agreement.

  • Incorporation by Reference All terms, provisions and agreements set forth in the Standard Trust Terms (except to the extent expressly modified herein) are hereby incorporated herein by reference with the same force and effect as though fully set forth herein. To the extent that the terms set forth in Article 2 of this Trust Agreement are inconsistent with the terms of the Standard Trust Terms, the terms set forth in Article 2 herein shall apply.

  • INCORPORATION OF GUIDES BY REFERENCE The Seller/Servicer acknowledges that it has received and read the Guides. All provisions of the Guides are incorporated by reference into and made a part of this Contract, and shall be binding upon the parties; provided, however, that the Seller/Servicer shall be entitled to sell Loans to and/or service Loans for Residential Funding only if and for so long as it shall have been authorized to do so by Residential Funding in writing. Specific reference in this Contract to particular provisions of the Guides and not to other provisions does not mean that those provisions of the Guides not specifically cited in this Contract are not applicable. All terms used herein shall have the same meanings as such terms have in the Guides, unless the context clearly requires otherwise.

  • Definitions and Incorporation by Reference 1 Section 1.01. Definitions.......................................................................1

  • Incorporation of Certain Definitions by Reference Each capitalized term used herein and not otherwise defined herein shall have the meaning provided therefor (including by incorporation by reference) in the Related Documents.

  • Definitions Incorporated by Reference All capitalized terms not otherwise defined in this Agreement shall have the meanings assigned in the Pooling and Servicing Agreement.

  • Incorporation By Reference; Plan Document Receipt This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

  • Incorporation by Reference of TIA Whenever this Indenture refers to a provision of the TIA, such provision is incorporated by reference in, and made a part of, this Indenture. The following TIA terms used in this Indenture have the following meanings:

  • ARTICLE I DEFINITIONS 1 SECTION 1.01.

  • Provisions Solely to Define Relative Rights The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of and any premium and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

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