Common use of Nominations in Excess of Facility Commitment Clause in Contracts

Nominations in Excess of Facility Commitment. In addition, should REG Marketing offer to deliver Feedstocks in excess of such Facility Commitment, Blackhawk Biofuels will consider any such Nomination received, and shall have the right (but not any obligation) to accept Nominations received from REG Marketing by notice given during the Offer Period. If Blackhawk Biofuels gives timely acceptance of a Nomination (pursuant to the provisions set out in this Agreement, herein an “Acceptance”), then Blackhawk Biofuels agrees to process Feedstocks received pursuant to the terms of the Nomination (and such other applicable provisions as set out herein).

Nominations in Excess of Facility Commitment. In addition, should REG Marketing offer to deliver Feedstocks in excess of such Facility Commitment, *** Confidential material redacted and filed separately with the Commission. Blackhawk Biofuels will consider any such Nomination received, and shall have the right (but not any obligation) to accept Nominations received from REG Marketing by notice given during the Offer Period. If Blackhawk Biofuels gives timely acceptance of a Nomination (pursuant to the provisions set out in this Agreement, herein an “Acceptance”), then Blackhawk Biofuels agrees to process Feedstocks received pursuant to the terms of the Nomination (and such other applicable provisions as set out herein).