Non-Conventional Gas Sample Clauses

Non-Conventional Gas. For purposes of this Agreement, "Non- Conventional Gas" means gas which is (a) produced from Devonian shales, coal seams, or tight gas sands, defined as very low permeability sandstones ( 0.1 millidarcies or less, as measured using sound engineering practices) and (b) administered within CUSA by CUSA's Non-Conventional Gas Business Team or its successor. Non-Conventional Gas shall not be Committed Gas subject to this Agreement and CUSA shall not be obligated to sell such Non-Conventional Gas to NGC, nor shall NGC be obligated to purchase such gas from CUSA. Notwithstanding the foregoing, upon NGC's request, made not more frequently than once each six Months, NGC and CUSA shall evaluate CUSA's portfolio of Non-Conventional Gas and determine whether or not any quantity of such Non-Conventional Gas is suitable for treatment as Committed Gas subject to this Agreement. If the Parties are unable to agree on the treatment of any quantity of Non-Conventional Gas, it shall remain Non-Conventional Gas.
Sample 1
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Non-Conventional Gas. Non-Conventional Gas" means gas which is produced from Devonian shales, coal seams, coal beds, or tight gas sands in each case as defined for purposes of Section 29 of the Code, as amended ("Code") or any Code section replacing Section 29, unless and until Seller shall receive a private letter ruling from the Internal Revenue Service ("IRS") or otherwise become aware of a published IRS regulation or ruling, which, in either case, Seller determines, in its sole judgment, permits a sale of Non-Conventional Gas to Purchaser under this Agreement without adverse tax consequences to Seller or any Seller Affiliate or to any parent corporation of Seller. Notwithstanding anything to the contrary in this Section 2.2.7, Seller agrees to sell and Purchaser agrees to purchase Non-Conventional Gas (except to the extent that any Non-Conventional Gas is not Committed Gas pursuant to any other section of this Agreement), beginning on the Effective Date and continuing through December 31, 1997. If on or before December 31, 1997, Seller has not determined in accordance with this Section 2.2.7 that Non-Conventional Gas can be sold to Purchaser without adverse tax consequences under the Code, then beginning on January 1, 1998, Seller agrees to allow Purchaser to market Seller's Non-Conventional Gas as Seller's exclusive agent under the terms of the Agency Agreement. The Agency Agreement shall continue pursuant to its terms, but in no event longer than the term of this Agreement, until Seller's determination, if any, that Non-Conventional Gas can be sold to Purchaser without such adverse tax consequences under the Code. Seller shall provide Purchaser with written notice of such determination, if any, and Non-Conventional Gas shall then become Committed Gas on the first Day of the Month following expiration of thirty (30) Days after the date of such notice. The Agency Agreement shall automatically terminate as of that same date. Purchaser agrees not to sell or resell in its capacity as agent or otherwise any of Seller's Non-Conventional Gas to any Person designated in writing by Seller that would be considered related to Seller within the meaning of Section 29(d)(7) of the Code.
Sample 1

Related to Non-Conventional Gas

  • Second Amendment to Exhibit A to Services Agreement Exhibit A to the Services Agreement shall be, and here by is, supplemented with the following:

  • Term of Agreement; Amendment; Assignment A. This Agreement shall become effective with respect to each Fund listed on Exhibit A hereof as of the date hereof and, with respect to each Fund not in existence on that date, on the date an amendment to Exhibit A to this Agreement relating to that Fund is executed. Unless sooner terminated as provided herein, this Agreement shall continue in effect for two years from the date hereof. Thereafter, if not terminated, this Agreement shall continue in effect automatically as to each Fund for successive one-year periods, provided such continuance is specifically approved at least annually by: (i) the Trust’s Board, or (ii) the vote of a “majority of the outstanding voting securities” of a Fund, and provided that in either event, the continuance is also approved by a majority of the Trust’s Board who are not “interested persons” of any party to this Agreement, by a vote cast in person at a meeting called for the purpose of voting on such approval.

  • Amendment to Exhibit A to Services Agreement Solely with respect to Accounts that are not investment companies registered under the 1940 Act, the section of Exhibit A to the Services Agreement entitled “Administration and Risk Management” shall be, and hereby is, deleted in its entirety and replaced with the following:

  • Execution of Supplemental Agreements In executing, or accepting the additional agencies created by, any supplemental agreement permitted by this Article or the modifications thereby of the agencies created by this Agreement, the Agent shall be entitled to receive and (subject to Section 7.1) shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of such supplemental agreement is authorized or permitted by this Agreement. The Agent may, but shall not be obligated to, enter into any such supplemental agreement which affects the Agent's own rights, duties or immunities under this Agreement or otherwise.

  • Amendment and Restatement; No Novation This Agreement constitutes an amendment and restatement of the Existing Credit Agreement, effective from and after the Closing Date. The execution and delivery of this Agreement shall not constitute a novation of any indebtedness or other obligations owing to the Lenders or the Administrative Agent under the Existing Credit Agreement based on facts or events occurring or existing prior to the execution and delivery of this Agreement. On the Closing Date, the credit facilities described in the Existing Credit Agreement shall be amended, supplemented, modified and restated in their entirety by this Agreement and the facilities described herein, and all loans and other obligations of the Borrower outstanding as of such date under the Existing Credit Agreement shall be deemed to be loans and obligations outstanding under the corresponding facilities described herein, without any further action by any Person, except that the Administrative Agent shall make such transfers of funds as are necessary in order that the outstanding balance of such Loans, together with any Loans funded on the Closing Date, reflect the respective Revolving Credit Commitments of the Lenders hereunder.

  • FORM OF JOINDER AGREEMENT This Joinder Agreement (the “Joinder Agreement”) is made and dated as of [ ], 20[ ], and is entered into by and between__________________., a ___________ corporation (“Subsidiary”), and HERCULES CAPITAL, INC., a Maryland corporation (as “Agent”).

  • Supplements and Amendments; Whole Agreement This Warrant may be amended or supplemented only by an instrument in writing signed by the parties hereto. This Warrant contains the full understanding of the parties hereto with respect to the subject matter hereof and thereof and there are no representations, warranties, agreements or understandings other than expressly contained herein and therein.

  • Reference to Supplemental Agreements Certificates authenticated, executed on behalf of the Holders and delivered after the execution of any supplemental agreement pursuant to this Article may, and shall if required by the Agent, bear a notation in form approved by the Agent as to any matter provided for in such supplemental agreement. If the Company shall so determine, new Certificates so modified as to conform, in the opinion of the Agent and the Company, to any such supplemental agreement may be prepared and executed by the Company and authenticated, executed on behalf of the Holders and delivered by the Agent in exchange for Outstanding Certificates.

  • Amendment; Assignment This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by authorized representatives of the parties or, in the case of a waiver, by an authorized representative of the party waiving compliance. No such written instrument shall be effective unless it expressly recites that it is intended to amend, supersede, cancel, renew or extend this Agreement or to waive compliance with one or more of the terms hereof, as the case may be. Except for the Management Stockholder’s right to assign his or her rights under Section 4(a) or the Company’s right to assign its rights under Section 4(b), no party to this Agreement may assign any of its rights or obligations under this Agreement without the prior written consent of the other parties hereto.

  • Amendments; Waiver This Agreement may be amended by the parties hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.

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