Common use of Increase in Working Capital Rate Clause in Contracts

Increase in Working Capital Rate. In the event the Parties cannot reach agreement on an adjustment to the Working Capital Rate upon a request by MSCG to increase the Working Capital Rate pursuant to Section 8.2.4.2 (“Increase Request”) within 10 days of such Increase Request, if such adjustment would be reasonably likely to result in TRC incurring increased costs in connection with this Agreement in excess of $***** per annum, TRC may terminate this Agreement upon written notice to MSCG specifying a Termination Date no earlier than six months following TRC’s receipt of the Increase Request. In connection with such termination, the Parties shall terminate all other Transaction Documents and all other agreements that may then be outstanding between the Parties that relate specifically to this Agreement, each in accordance with its terms. For the period from and excluding the date of the Increase Request through the Termination Date, the Working Capital Rate shall be increased by MSCG to a rate that would not be reasonably likely to result in TRC incurring increased costs in connection with this Agreement in excess of $***** per annum.

Increase in Working Capital Rate. In the event the Parties cannot reach agreement on an adjustment to the Working Capital Rate upon a request by MSCG to increase the Working Capital Rate pursuant to Section 8.2.4.2 8.2.5.2 (“Increase Request”) within 10 days of such Increase Request, if such adjustment would be reasonably likely to result in TRC PBF incurring increased costs in connection with this Agreement in excess of $***** [REDACTED] per annum, TRC PBF may terminate this Agreement upon written notice to MSCG specifying a Termination Date no earlier than six months following TRCPBF’s receipt of the Increase Request. In connection with such termination, the Parties shall terminate all other Transaction Documents and all other agreements that may then be outstanding between the Parties that relate specifically to this Agreement, each in accordance with its terms. For the period from and excluding the date of the Increase Request through the Termination Date, the Working Capital Rate shall be increased by MSCG to a rate that would not be reasonably likely to result in TRC PBF incurring increased costs in connection with this Agreement in excess of $***** [REDACTED] per annum.