Common use of Limitation on Fixed-Price Contracts Clause in Contracts

Limitation on Fixed-Price Contracts. Excluding contracts, purchase orders and arrangements in respect of which and to the extent the Borrower or any Subsidiary has entered into non-speculative Hedging Contracts, the Borrower shall not, and shall not permit any of its Subsidiaries to, enter into any contract, purchase order or other arrangement providing for delivery more than 15 months after the effective date thereof pursuant to which the Borrower or any Subsidiary agrees to manufacture, produce, supply, sell, distribute or otherwise transfer any material or product at a fixed price that may not be adjusted to reflect fluctuations in market conditions and such Person’s cost of goods sold if the aggregate contract price to be paid under all such arrangements during any Fiscal Year would exceed 10% of the consolidated net sales of the Borrower and its Subsidiaries during such year.

Limitation on Fixed-Price Contracts. Excluding contracts, purchase orders and arrangements in respect of which and to the extent the Borrower or any Subsidiary has entered into non-speculative Hedging Contracts, the Borrower shall not, and shall not permit any of its Subsidiaries to, enter into any contract, purchase order or other arrangement providing for delivery more than 15 months after the effective date thereof pursuant to which the Borrower or any Subsidiary agrees to manufacture, produce, supply, sell, distribute or otherwise transfer any material or product at a fixed price that may not be adjusted to reflect fluctuations in market conditions and such Person’s cost of goods sold if the aggregate contract price to be paid under all such arrangements during any Fiscal Year fiscal year would exceed 10% of the consolidated net sales of the Borrower and its Subsidiaries during such year.

Limitation on Fixed-Price Contracts. Excluding contracts, purchase orders and arrangements in respect of which and to the extent the Borrower or any Subsidiary has entered into non-speculative Hedging Contractsoption, swap or other hedging arrangements, the Borrower shall will not, and shall will not permit any of its Subsidiaries to, enter into any contract, purchase order or other arrangement providing for delivery more than 15 months after the effective date thereof pursuant to which the Borrower or any Subsidiary agrees to manufacture, produce, supply, sell, distribute or otherwise transfer any material or product at a fixed price that may not be adjusted to reflect fluctuations in market conditions and such Person’s 's cost of goods sold if the aggregate contract price to be paid under all such arrangements during any Fiscal Year fiscal year would exceed 10% of the consolidated net sales of the Borrower and its Subsidiaries during such year.

Limitation on Fixed-Price Contracts. Excluding contracts, purchase orders and arrangements in respect of which and to the extent the Borrower or any Subsidiary has entered into non-speculative Hedging Contracts, the Borrower shall not, and shall not permit any of its Subsidiaries to, enter into any contract, purchase order or other arrangement providing for delivery more than 15 months after the effective date thereof pursuant to which the Borrower or any Subsidiary agrees to manufacture, produce, supply, sell, distribute or otherwise transfer any material or product at a fixed price that may not be adjusted to reflect fluctuations in market conditions and such Person’s cost of goods sold if the aggregate contract price to be paid under all such arrangements during any Fiscal Year would exceed 10% of the consolidated Consolidated net sales of the Borrower and its Subsidiaries during such year.

Limitation on Fixed-Price Contracts. Excluding contracts, purchase orders and arrangements in respect of which and to the extent the Borrower or any Subsidiary has entered into non-speculative Hedging Contractsoption, swap or other hedging arrangements, the Borrower shall will not, and shall will not permit any of its Subsidiaries to, enter into any contract, purchase order or other arrangement providing for delivery more than 15 twelve months after the effective date thereof pursuant to which the Borrower or any Subsidiary agrees to manufacture, produce, supply, sell, distribute or otherwise transfer any material or product at a fixed price that may not be adjusted to reflect fluctuations in market conditions and such Person’s 's cost of goods sold if the aggregate contract price to be paid under all such arrangements during any Fiscal Year fiscal year would exceed 10% of the consolidated net sales of the Borrower and its Subsidiaries during such year.

Limitation on Fixed-Price Contracts. Excluding contracts, purchase orders and arrangements in respect of which and to the extent the Borrower or any Subsidiary has entered into non-speculative Hedging Contractsoption, swap or other hedging arrangements, the Borrower shall will not, and shall will not permit any of its Subsidiaries to, enter into any contract, purchase order or other arrangement providing for delivery more than 15 six months after the effective date execution thereof pursuant to which the Borrower or any Subsidiary agrees to manufacture, produce, supply, sell, distribute or otherwise transfer any material or product at a fixed price that may not be adjusted to reflect fluctuations in market conditions and such Person’s 's cost of goods sold if the aggregate contract price to be paid under all such arrangements during any Fiscal Year fiscal year would exceed 10% of the consolidated net sales of the Borrower and its Subsidiaries during such year.