Notification of Utilization. Upon request by HEP Operating, HFRM will provide to HEP Operating written notification of HFRM’s reasonable good faith estimate of its anticipated future utilization of the Applicable Assets as soon as reasonably practicable after receiving such request.
Notification of Utilization. Upon request by the Logistics Entity, the Refining Entity will provide to the Logistics Entity written notification of the Refining Entity’s reasonable good faith estimate of its anticipated future utilization of the Pipelines and the Tankage.
Notification of Utilization. Upon request by El Dorado Logistics, Frontier El Dorado will provide to El Dorado Logistics written notification of Frontier El Dorado’s reasonable good faith estimate of their anticipated future utilization of the El Dorado Assets as soon as reasonably practicable after receiving such request.
Notification of Utilization. (i) Group 1 Assets. Upon request by HEP Tulsa, Xxxxx Tulsa will provide to HEP Storage-Tulsa written notification of Xxxxx Tulsa’s reasonable good faith estimate of their anticipated future utilization of Pipelines, Group 1 Tankage, and Group 1 Loading Rack as soon as reasonably practicable after receiving such request.
Notification of Utilization. Upon request by the Partnership Entities, the HollyFrontier Entities will provide to the Partnership Entities written notification of the HollyFrontier Entities’ reasonable good faith estimate of their anticipated future utilization of any of the Drop-Down Assets as soon as reasonably practicable after receiving such request.
Notification of Utilization. Upon request by Cheyenne Logistics, Frontier Cheyenne will provide to Cheyenne Logistics written notification of Frontier Cheyenne’s reasonable good faith estimate of their anticipated future utilization of Tankage, Loading Racks and Crude Oil Receiving Assets as soon as reasonably practicable after receiving such request. FIRST AMENDED AND RESTATED TANKAGE, LOADING RACK AND CRUDE OIL RECEIVING THROUGHPUT AGREEMENT (CHEYENNE)
Notification of Utilization. Upon request by Logistics, Refining will provide to Logistics written notification of Refining’s reasonable good faith estimate of its anticipated future utilization of the Terminal and the Tankage.
Notification of Utilization. Upon request by the Logistics Entity, DKTS will provide to the Logistics Entity written notification of DKTS’s reasonable good faith estimate of its anticipated future utilization of the Pipelines and the Tankage.
Notification of Utilization. On the date by which Buyer Share Redemptions are required to be made in accordance with the Company’s memorandum and articles of association, as they may be amended from time to time (the “Memorandum and Articles”) (which date is two (2) Business Days prior to the date of the Buyer Shareholder Meeting, as such term is defined in the BCA), to the extent the Company has greater than zero (0) Buyer Share Redemptions and the amount of Permitted Equity Financing is less than amount required to fund Buyer Share Redemptions, the Company shall deliver a written notice (the “Utilization Notice”) to the Purchaser setting forth: (i) the total number of Class A Ordinary Shares of the Company subject to Buyer Share Redemptions, (ii) the number of Class A Ordinary Shares (or successor security thereto) the Company is requiring the Purchaser to subscribe for in accordance with Section 2(a) of this Agreement, which number shall in no event be greater than the lesser of (x) an amount equal to (1) the then current Utilization Limit (which information shall be promptly provided by Purchaser to the Company upon request or otherwise in accordance with Section 1(a) hereof) divided by (2) $10.00 and (y) the total number of Class A Ordinary Shares subject to Buyer Share Redemptions (the “Subscription Amount”), (iii) the resulting BPS Purchase Price (as calculated in accordance with Section 2(a)(i)) and (iv) the Company’s wire instructions. If the Company fails to deliver a Utilization Notice on the date set forth in the prior sentence, the Company may provide a Utilization Notice after such date, but not later than four (4) Business days prior to the Closing Date A Utilization Notice cannot be made and the Company shall not be permitted to deliver a Utilization Notice or cause the Purchaser to acquire any Backstop Purchase Shares to the extent (i) the Company does not have any Class A Ordinary Shares subject to Buyer Shareholder Redemptions or (ii) the then-current Utilization Limit is $0. Only one (1) Utilization Notice may be delivered hereunder. For the avoidance of doubt, (x) to the extent the proceeds of the Permitted Equity Financing are in an amount sufficient to fund all of the Company’s Buyer Share Redemptions, the Company shall not be required to deliver a Utilization Notice hereunder and the Purchaser shall not be required to purchase any securities hereunder and (y) in no event shall the Company be required to cause Purchaser to subscribe for a number of Backstop Purc...
Notification of Utilization. When requested by HEP, ALON will, within ten (10) days of such request, provide to HEP written notification of ALON’s reasonable good faith estimate of its anticipated future utilization of the Refined Product Pipelines of HEP.