Common use of Payment Procedures for Coal Shipments Clause in Contracts

Payment Procedures for Coal Shipments. For all coal delivered pursuant to Section 5 hereof, and unloaded at the Buyer’s generating station(s) between the first (1st) through the fifteenth (15th) days of any calendar month, Buyer shall make preliminary payment for one-hundred percent (100%) of the amount owed for the coal (based on the assumption that the coal will meet all guaranteed monthly quality parameters) by the twenty-fifth (25th) day of such month of delivery and unloading, except that, if the twenty-fifth (25th) is not a regular work day, payment shall be made on the next regular work day. All preliminary payments shall be calculated based upon the then-current price on a dollar per ton basis as calculated on the guaranteed monthly weighted average BTU/lb and the then-current Base Price in dollars per ton. For all coal delivered, as defined in Section 5 hereof, and unloaded at the Buyer’s generating station(s) between the sixteenth (16th) and through the last day of any calendar month, Buyer shall make a payment for one-hundred percent (100%) of the amount owed for the coal by the fifteenth (15th) day of the month following the month of unloading, except that, if the fifteenth (15th) is not a regular work day, payment shall be made on the next regular work day. Also by the fifteenth (15th) day of the month following the month of unloading, with respect to all coal unloaded at Buyer’s generating station(s) during the month of unloading, a reconciliation of amounts paid and amounts owed during said month shall be made, including, making any adjustments for any applicable discounts or other adjustments provided herein, except that, with respect to all amounts due or owing on the fifteenth (15th) of the month following the month of unloading, if the fifteenth (15th) is not a regular work day, payment shall be made on the next regular work day. For example, Buyer will make a preliminary payment by September 25 for coal unloaded from September 1 through 15. By September 15, a payment for coal unloaded from August 16 through August 31 will be made which will be adjusted to include a reconciliation with respect to all coal unloaded in August. The reconciliation shall be made as follows: Seller shall invoice Buyer on or before the tenth (10th) day of the month following the month of unloading at Buyer’s generating station(s) during the previous month. The amount due for all coal (based on the Base Price minus any Quality Price Discounts) unloaded and accepted by Buyer during any calendar month shall be calculated and compared to the sum of the preliminary payments made for coal delivered and unloaded and accepted during such month. The difference shall be paid by or paid to Seller, as applicable, by the fifteenth (15th) day of the month following the month of unloading or five (5) days after receipt of an invoice whichever is later, except, that, if the fifteenth (15th) is not a regular work day, payment shall be made in the next regular work day. Buyer shall electronically transfer funds to Seller’s Account: Xxxxxxxxx Energy, Inc. US Bank, N.A. Account # 152306681361 Routing # 000-000-000

Appears in 3 contracts

Samples: Coal Supply Agreement (Armstrong Coal Company, Inc.), Coal Supply Agreement (Armstrong Energy, Inc.), Coal Supply Agreement (Armstrong Resource Partners, L.P.)

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Payment Procedures for Coal Shipments. For all coal delivered pursuant to Section 5 hereof, and unloaded at the Buyer’s generating station(s) between the first (1st) through the fifteenth (15th) days of any calendar month, Buyer shall make preliminary payment for one-hundred percent (100%) of the amount owed for the coal (based on the assumption that the coal will meet all guaranteed monthly quality parameters) by the twenty-fifth (25th) day of such month of delivery and unloading, except that, if the twenty-fifth (25th) is not a regular work day, payment shall be made on the next regular work day. All preliminary payments shall be calculated based upon the then-current price on a dollar per ton basis as calculated on the guaranteed monthly weighted average BTU/lb and the then-current Base Price in dollars per ton. For all coal delivered, as defined in Section 5 hereof, and unloaded at the Buyer’s generating station(s) between the sixteenth (16th) and through the last day of any calendar month, Buyer shall make a payment for one-hundred percent (100%) of the amount owed for the coal by the fifteenth (15th) day of the month following the month of unloading, except that, if the fifteenth (15th) is not a regular work day, payment shall be made on the next regular work day. Also by the fifteenth (15th) day of the month following the month of unloading, with respect to all coal unloaded at Buyer’s generating station(s) during the month of unloading, a reconciliation of amounts paid and amounts owed during said month shall be made, including, making any adjustments for any applicable discounts or other adjustments provided herein, except that, with respect to all amounts due or owing on the fifteenth (15th) of the month following the month of unloading, if the fifteenth (15th) is not a regular work day, payment shall be made on the next regular work day. For example, Buyer will make a preliminary payment by September 25 for coal unloaded from September 1 through 15. By September 15, a payment for coal unloaded from August 16 through August 31 will be made which will be adjusted to include a reconciliation with respect to all coal unloaded in August. The reconciliation shall be made as follows: Seller shall invoice Buyer on or before the tenth (10th) day of the month following the month of unloading at Buyer’s generating station(s) during the previous month. The amount due for all coal (based on the Base Price plus or minus any Quality Price Discountsadjustments) unloaded and accepted by Buyer during any calendar month shall be calculated and compared to the sum of the preliminary payments made for coal delivered and unloaded and accepted during such month. The difference shall be paid by or paid to Seller, as applicable, by the fifteenth (15thl5th) day of the month following the month of unloading or five (5) days after receipt of an invoice whichever is later, except, that, if the fifteenth (15th) is not a regular work day, payment shall be made in the next regular work day. Buyer shall electronically transfer funds to Seller’s Account: Xxxxxxxxx Energy, Inc. US Bank, N.A. Account # 152306681361 Routing # 000-000-000

Appears in 3 contracts

Samples: Coal Supply Agreement (Armstrong Coal Company, Inc.), Coal Supply Agreement (Armstrong Energy, Inc.), Coal Supply Agreement (Armstrong Energy, Inc.)

Payment Procedures for Coal Shipments. For all coal delivered pursuant to Section 5 hereof, and unloaded loaded at the Buyer’s generating station(sBarge Delivery Point(s) between the first (1st) through the and fifteenth (15th) days of any calendar monthDelivery Month, Buyer shall make preliminary payment for a “Preliminary Payment” of one-hundred percent (100%) of the amount owed Base Price for the such coal (based on the assumption that the coal will meet all guaranteed monthly quality Guaranteed Monthly Weighted Average parameters) by the twenty-fifth (25th) day of such month Delivery Month. All Preliminary Payments shall be calculated based solely on the then-current Base Price on a dollar-per-ton basis. By the fifteenth (15th) day of delivery the Payment Month, Buyer will pay for all coal loaded at the Barge Delivery Point(s) between the sixteenth (16th) and unloadingthe last day of any Delivery Month plus any quality adjustments for the Delivery Month as provided in §8.2 above. For example, except thatBuyer will make a Preliminary Payment by August 25 for coal loaded between August 1 through August 15. On or before the fifth (5th) working day of September, Buyer will provide Seller with the Buyer’s Statement. On or before the tenth (10th) day of September, the Seller shall provide Buyer the Monthly Invoice for all coal loaded in August. The Monthly Invoice for August deliveries, to the extent it is verified by Buyer, will be paid by the fifteenth (15th) day of September. In every case referenced in this Section for payment, if the twenty-fifth (25th) a specific day is not a banking day and regular work dayworkday for Buyer, payment shall be made on the next regular work dayday for Buyer. All preliminary payments Notwithstanding loading, Rejected Coal shipments shall not be calculated based upon included in the then-current price on a dollar per ton basis as calculated on the guaranteed monthly weighted average BTU/lb invoicing and the then-current Base Price in dollars per ton. For all coal delivered, as defined in Section 5 hereof, and unloaded at the Buyer’s generating station(s) between the sixteenth (16th) and through the last day of any calendar month, Buyer shall make a payment for one-hundred percent (100%) of the amount owed for the coal by the fifteenth (15th) day of the month following the month of unloading, except that, if the fifteenth (15th) is not a regular work day, payment shall be made on the next regular work day. Also by the fifteenth (15th) day of the month following the month of unloading, with respect to all coal unloaded at Buyer’s generating station(s) during the month of unloading, a reconciliation of amounts paid and amounts owed during said month Delivery Month. As loaded Replacement Coal and/or Cover Coal shall be made, including, making any adjustments for any applicable discounts or other adjustments provided herein, except that, included in the invoicing and payment with respect to all amounts due or owing on the fifteenth (15th) of the month following the month of unloading, if the fifteenth (15th) is not a regular work day, payment shall be made on the next regular work day. For example, Buyer will make a preliminary payment by September 25 for coal unloaded from September 1 through 15. By September 15, a payment for coal unloaded from August 16 through August 31 will be made which will be adjusted to include a reconciliation with respect to all coal unloaded in August. The reconciliation shall be made as follows: Seller shall invoice Buyer on or before the tenth (10th) day of the month following the month of unloading at Buyer’s generating station(s) during the previous month. The amount due for all coal (based on the Base Price minus any Quality Price Discounts) unloaded and accepted by Buyer during any calendar month shall be calculated and compared to the sum of the preliminary payments made for coal delivered and unloaded and accepted during such month. The difference shall be paid by or paid to Seller, as applicable, by the fifteenth (15th) day of the month following the month of unloading or five (5) days after receipt of an invoice whichever is later, except, that, if the fifteenth (15th) is not a regular work day, payment shall be made in the next regular work dayDelivery Month. Buyer shall electronically transfer funds via ACH to Seller’s Account: Xxxxxxxxx EnergyAccount based on the account information (including Bank name, Inc. US BankABA number and Account Number) provided in writing, N.A. Account # 152306681361 Routing # 000-000-000in a form reasonably acceptable to Buyer, prior to the first (1st) Shipment under this Agreement. Seller reserves the right to modify such account information on prior written notice reasonably acceptable to Buyer. In the event Seller notifies Buyer that a pattern has developed whereby payments are not being paid when due, as set forth herein, Buyer shall review its internal approval and payment procedures and remedy such payment practices, if any develop. The foregoing notwithstanding, the amount of any correct invoice not paid within five (5) business days when due, shall bear interest at the Interest Rate (as defined in §9.4) from the date the correct invoice was due through the date that the invoice is paid.

Appears in 2 contracts

Samples: Coal Supply Agreement, Coal Supply Agreement

Payment Procedures for Coal Shipments. For all coal delivered pursuant to Section 5 hereof, and unloaded at the Buyer’s generating station(s) by Buyer between the first (1st) through the fifteenth (15th) [***] and [***] days of any calendar monthDelivery Month, Buyer shall make preliminary payment for one-hundred percent (100%) a “Preliminary Payment” of [***] of the amount owed Base Price for the such coal (based on the assumption that the coal will meet all guaranteed monthly quality Guaranteed Monthly Weighted Average parameters) by the twenty-fifth (25th) [***]day of such month Delivery Month. All Preliminary Payments shall be calculated based [***]. By the [***] day of delivery the Payment Month, Buyer will pay for all coal unloaded at Buyer’s generating stations between the [***] and unloadingthe last day of any Delivery Month plus any quality adjustments for the Delivery Month as provided in §8.2 above. For example, except thatBuyer will make a Preliminary Payment by August [***] for coal delivered between August [***] through August [***]. On or before [***] working day of September, Buyer will provide Seller with the Buyer’s Statement. On or before the [***] day of September, the Seller shall provide Buyer the Monthly Invoice for all coal unloaded by Buyer in August. The Monthly Invoice for August deliveries, to the extent it is verified by Buyer, will be paid by the [***] day of September. In every case referenced in this section for payment, if the twenty-fifth (25th) a specific day is not a banking day and regular work dayday for Buyer, payment shall be made on the next regular work day. All preliminary payments shall be calculated based upon the then-current price on a dollar per ton basis as calculated on the guaranteed monthly weighted average BTU/lb and the then-current Base Price in dollars per ton. For all coal delivered, as defined in Section 5 hereof, and unloaded at the day for Buyer’s generating station(s) between the sixteenth (16th) and through the last day of any calendar month, Buyer shall make a payment for one-hundred percent (100%) of the amount owed for the coal by the fifteenth (15th) day of the month following the month of unloading, except that, if the fifteenth (15th) is not a regular work day, payment shall be made on the next regular work day. Also by the fifteenth (15th) day of the month following the month of unloading, with respect to all coal unloaded at Buyer’s generating station(s) during the month of unloading, a reconciliation of amounts paid and amounts owed during said month shall be made, including, making any adjustments for any applicable discounts or other adjustments provided herein, except that, with respect to all amounts due or owing on the fifteenth (15th) of the month following the month of unloading, if the fifteenth (15th) is not a regular work day, payment shall be made on the next regular work day. For example, Buyer will make a preliminary payment by September 25 for coal unloaded from September 1 through 15. By September 15, a payment for coal unloaded from August 16 through August 31 will be made which will be adjusted to include a reconciliation with respect to all coal unloaded in August. The reconciliation shall be made as follows: Seller shall invoice Buyer on or before the tenth (10th) day of the month following the month of unloading at Buyer’s generating station(s) during the previous month. The amount due for all coal (based on the Base Price minus any Quality Price Discounts) unloaded and accepted by Buyer during any calendar month shall be calculated and compared to the sum of the preliminary payments made for coal delivered and unloaded and accepted during such month. The difference shall be paid by or paid to Seller, as applicable, by the fifteenth (15th) day of the month following the month of unloading or five (5) days after receipt of an invoice whichever is later, except, that, if the fifteenth (15th) is not a regular work day, payment shall be made in the next regular work day. Buyer shall electronically transfer funds to Seller’s Account: Xxxxxxxxx EnergyAccount based on the account information (including Bank name, Inc. US BankABA number and Account number) provided in writing, N.A. Account # 152306681361 Routing # 000-000-000in a form reasonably acceptable to Buyer, prior to the first (1st) Shipment under this Agreement. Seller reserves the right to modify such account information on prior written notice reasonably acceptable to Buyer.

Appears in 1 contract

Samples: Coal Supply Agreement (Paringa Resources LTD)

Payment Procedures for Coal Shipments. For all coal delivered pursuant to Section 5 hereof, and unloaded loaded at the Buyer’s generating station(s) Barge Delivery Point between the first (1st) through the and fifteenth (15th) days of any calendar monthDelivery Month, Buyer shall make preliminary payment for a “Preliminary Payment” of one-hundred percent (100%) of the amount owed Base Price for the such coal (based on the assumption that the coal will meet all guaranteed monthly quality GMWA parameters) by the twenty-fifth (25th) day of such month Delivery Month. All Preliminary Payments shall be calculated based solely on the then- current Base Price on a dollar-per-ton basis. By the fifteenth (15th) day of delivery the Payment Month, Buyer will pay for all coal loaded at the Barge Delivery Point between the sixteenth (16th) and unloadingthe last day of any Delivery Month plus any quality adjustments for the Delivery Month as provided in §8.2 above. For example, except thatBuyer will make a Preliminary Payment by August 25 for coal loaded between August 1 through August 15. On or before the fifth (5th) working day of September, Buyer will provide Seller with the Buyer’s Statement. On or before the tenth (10th) day of September, the Seller shall provide Buyer the Monthly Invoice for all coal loaded in August. The Monthly Invoice for August deliveries, to the extent it is verified by Buyer, will be paid by the fifteenth (15th) day of September. In every case referenced in this Section for payment, if the twenty-fifth (25th) a specific day is not a banking day and regular work daywork- day for Buyer, payment shall be made on the next regular work dayday for Buyer. All preliminary payments Notwithstanding loading, Rejected Coal shipments shall not be calculated based upon included in the then-current price on a dollar per ton basis as calculated on the guaranteed monthly weighted average BTU/lb invoicing and the then-current Base Price in dollars per ton. For all coal delivered, as defined in Section 5 hereof, and unloaded at the Buyer’s generating station(s) between the sixteenth (16th) and through the last day of any calendar month, Buyer shall make a payment for one-hundred percent (100%) of the amount owed for the coal by the fifteenth (15th) day of the month following the month of unloading, except that, if the fifteenth (15th) is not a regular work day, payment shall be made on the next regular work day. Also by the fifteenth (15th) day of the month following the month of unloading, with respect to all coal unloaded at Buyer’s generating station(s) during the month Delivery Month. As loaded quality and quantity of unloading, a reconciliation of amounts paid and amounts owed during said month Replacement Coal and/or Cover Coal shall be made, including, making any adjustments for any applicable discounts or other adjustments provided herein, except that, included in the invoicing and payment with respect to all amounts due or owing on the fifteenth (15th) of the month following the month of unloading, if the fifteenth (15th) is not a regular work day, payment shall be made on the next regular work day. For example, Buyer will make a preliminary payment by September 25 for coal unloaded from September 1 through 15. By September 15, a payment for coal unloaded from August 16 through August 31 will be made which will be adjusted to include a reconciliation with respect to all coal unloaded in August. The reconciliation shall be made as follows: Seller shall invoice Buyer on or before the tenth (10th) day of the month following the month of unloading at Buyer’s generating station(s) during the previous month. The amount due for all coal (based on the Base Price minus any Quality Price Discounts) unloaded and accepted by Buyer during any calendar month shall be calculated and compared to the sum of the preliminary payments made for coal delivered and unloaded and accepted during such month. The difference shall be paid by or paid to Seller, as applicable, by the fifteenth (15th) day of the month following the month of unloading or five (5) days after receipt of an invoice whichever is later, except, that, if the fifteenth (15th) is not a regular work day, payment shall be made in the next regular work dayDelivery Month. Buyer shall electronically transfer funds funds, via ACH, to Seller’s Account: Xxxxxxxxx EnergyAccount based upon information (including Bank name, Inc. US BankABA number and Account Number) provided in writing, N.A. Account # 152306681361 Routing # 000-000-000in a form reasonably acceptable to Buyer, prior to the first (1st) Shipment under this Agreement. Seller reserves the right to modify such account information on prior written notice reasonably acceptable to Buyer. Buyer shall email remittance advice to xxxxxxxxxxxxxxx@xxxxxxx.xxx

Appears in 1 contract

Samples: Coal Supply Agreement

Payment Procedures for Coal Shipments. For all coal delivered pursuant to Section 5 hereof, and unloaded at the Buyer’s generating station(s) between the first (1st) through the and fifteenth (15th) days of any calendar month, . Buyer shall make preliminary payment for oneseventy-hundred five percent (10075%) of the amount owed for the coal (based on the assumption that the coal will meet all guaranteed monthly quality parameters) by the twenty-fifth (25th) day of such month of delivery and unloading, except that, if the twenty-fifth (25th) is not a regular work day, payment shall be made on the next regular work day. All preliminary payments shall be calculated based upon the then-current price on a dollar per ton basis as calculated on the guaranteed monthly weighted average BTU/lb and the then-current Base Price in dollars per ton. For all coal delivered, as defined in Section 5 hereof, and unloaded at the Buyer’s generating station(s) between the sixteenth (16th) and through the last day of any calendar month, Buyer shall make a preliminary payment for oneseventy-hundred five percent (10075%) of the amount owed for the unloaded coal by the fifteenth tenth (15th10th) day of the month following the month of unloading, except that, if the fifteenth tenth (15th10th) is not a regular work day, payment shall be made on the next regular work day. Also Preliminary payment shall be in the amount of seventy-five percent (75%) of the then current price on a dollar per ton basis as calculated by the fifteenth guaranteed monthly weighted average BTU/lb. and the then current Base Price in cents per MMBTU. A reconciliation of amounts paid and amounts owed shall occur by the twenty-fifth (15th25th) day of the month following the month of unloading, with respect to all coal unloaded at Buyer’s generating station(s) during the month of unloading, a reconciliation of amounts paid and amounts owed during said month shall be made, including, making any adjustments for any applicable discounts or other adjustments provided herein, except that, with respect to all amounts due or owing on the fifteenth . (15th) of the month following the month of unloading, if the fifteenth (15th) is not a regular work day, payment shall be made on the next regular work day. For example, Buyer will make a preliminary one initial payment by September 25 for seventy-five (75%) percent of coal unloaded from September 1 through 15. By September 15, a and another initial payment by October 10 for seventy-five percent (75%) of coal unloaded from August September 16 through August 31 30. A reconciliation will be occur by October 25 for all unloadings made which will be adjusted to include a reconciliation with respect to all coal unloaded in August. September.) The reconciliation shall be made as follows: Seller shall invoice Buyer on or before the tenth fifteenth (10th15th) day of the month following the month of unloading at Buyer’s generating station(s) during the previous monthdelivery. The amount due for all coal (based on the Base Price minus any Quality Price Discounts) delivered and unloaded and accepted by Buyer during any calendar month shall be calculated and compared to the sum of the preliminary payments made for coal delivered and unloaded and accepted during such month. The difference shall be paid by or paid to Seller, as applicable, by the fifteenth twenty-fifth (15th25th) day of the month following the month of unloading or five (5) days after receipt of an invoice whichever is laterdelivery, except, that, if the fifteenth twenty-fifth (15th25th) is not a regular work day, payment shall be made in the next regular work day. Buyer shall electronically transfer funds all payments to Seller’s Accountaccount at: Xxxxxxxxx EnergyPeabody COALSALES, Inc. US Bank, St Louis PNC Bank of N.A. ABA # 000000000 Account # 152306681361 Routing # 000-000-0001008971287

Appears in 1 contract

Samples: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)

Payment Procedures for Coal Shipments. For all coal delivered pursuant to Section 5 hereof, and unloaded loaded at the Buyer’s generating station(sBarge Delivery Point(s) between the first (1st) through the fifteenth (15th) [***] and [***] days of any calendar monthDelivery Month plus any Weight True-Up, Buyer shall make preliminary payment for a “Preliminary Payment” of one-hundred percent (100%) of the amount owed Base Price for the such coal (based on the assumption that the coal will meet all guaranteed monthly quality Guaranteed Monthly Weighted Average parameters) by the twenty-fifth (25th) [***] day of such month Delivery Month. All Preliminary Payments shall be calculated based solely on the then-current Base Price on a dollar-per-ton basis. By the [***] day of delivery the Payment Month, Buyer will pay for all coal loaded at the Barge Delivery Point(s) between the [***] and unloadingthe last day of any Delivery Month plus any Weight True-Up and taking into account all quality adjustments for coal unloaded for the Delivery Month as provided in §8.2 above. For example, except thatBuyer will make a Preliminary Payment by [***] for coal loaded at Barge Delivery Point(s) between [***] through [***] plus any Weight True-Up. On or before the [***] working day of September, Buyer will provide Seller with the Buyer’s Statement. On or before the [***] day of September, the Seller shall provide Buyer the Monthly Invoice for all coal loaded by Seller at the Barge Delivery Point(s) plus any Weight True-Up in August plus any quality adjustments for coal unloaded in August. The Monthly Invoice for August, to the extent it is verified by Buyer, less the August Preliminary Payment will be paid by the [***] day of September. In every case referenced in this section for payment, if the twenty-fifth (25th) a specific day is not a banking day and regular work dayday for Buyer, payment shall be made on the next regular work day. All preliminary payments shall be calculated based upon the then-current price on a dollar per ton basis as calculated on the guaranteed monthly weighted average BTU/lb and the then-current Base Price in dollars per ton. For all coal delivered, as defined in Section 5 hereof, and unloaded at the day for Buyer’s generating station(s) between the sixteenth (16th) and through the last day of any calendar month, Buyer shall make a payment for one-hundred percent (100%) of the amount owed for the coal by the fifteenth (15th) day of the month following the month of unloading, except that, if the fifteenth (15th) is not a regular work day, payment shall be made on the next regular work day. Also by the fifteenth (15th) day of the month following the month of unloading, with respect to all coal unloaded at Buyer’s generating station(s) during the month of unloading, a reconciliation of amounts paid and amounts owed during said month shall be made, including, making any adjustments for any applicable discounts or other adjustments provided herein, except that, with respect to all amounts due or owing on the fifteenth (15th) of the month following the month of unloading, if the fifteenth (15th) is not a regular work day, payment shall be made on the next regular work day. For example, Buyer will make a preliminary payment by September 25 for coal unloaded from September 1 through 15. By September 15, a payment for coal unloaded from August 16 through August 31 will be made which will be adjusted to include a reconciliation with respect to all coal unloaded in August. The reconciliation shall be made as follows: Seller shall invoice Buyer on or before the tenth (10th) day of the month following the month of unloading at Buyer’s generating station(s) during the previous month. The amount due for all coal (based on the Base Price minus any Quality Price Discounts) unloaded and accepted by Buyer during any calendar month shall be calculated and compared to the sum of the preliminary payments made for coal delivered and unloaded and accepted during such month. The difference shall be paid by or paid to Seller, as applicable, by the fifteenth (15th) day of the month following the month of unloading or five (5) days after receipt of an invoice whichever is later, except, that, if the fifteenth (15th) is not a regular work day, payment shall be made in the next regular work day. Buyer shall electronically transfer funds to Seller’s Account: Xxxxxxxxx EnergyAccount based on the account information (including Bank name, Inc. US BankABA number and Account number) provided in writing, N.A. Account # 152306681361 Routing # 000-000-000in a form reasonably acceptable to Buyer, prior to the first (1st) Shipment under this Agreement. Seller reserves the right to modify such account information on prior written notice reasonably acceptable to Buyer.”

Appears in 1 contract

Samples: Coal Supply Agreement (Paringa Resources LTD)

Payment Procedures for Coal Shipments. For all coal delivered pursuant to Section 5 hereof, and unloaded loaded at the Buyer’s generating station(sDelivery Point(s) between the first (1st) through the and fifteenth (15th) days of any calendar monthDelivery Month, Buyer shall make preliminary payment for a “Preliminary Payment” of one-hundred percent (100%) of the amount owed Base Price for the such coal (based on the assumption that the coal will meet all guaranteed monthly quality GMWA parameters) by the twenty-fifth (25th) day of such month Delivery Month. All Preliminary Payments shall be calculated based solely on the then- current Base Price on a dollar-per-ton basis. By the fifteenth (15th) day of delivery the Payment Month, Buyer will pay for all coal loaded at the Delivery Point between the sixteenth (16th) and unloadingthe last day of any Delivery Month plus any quality adjustments for the Delivery Month as provided in §8.2 above. For example, except thatBuyer will make a Preliminary Payment by August 25 for coal loaded between August 1 through August 15. On or before the fifth (5th) working day of September, Buyer will provide Seller with the Buyer’s Statement. On or before the tenth (10th) day of September, the Seller shall provide Buyer the Monthly Invoice for all coal loaded by Seller in August. The Monthly Invoice for August loadings, to the extent it is verified by Buyer, will be paid by the fifteenth (15th) day of September. In every case referenced in this section for payment, if the twenty-fifth (25th) a specific day is not a banking day and regular work dayday for Buyer, payment shall be made on the next regular work dayday for Buyer. All preliminary payments Notwithstanding loading, Rejected Coal shipments shall not be calculated based upon included in the then-current price on a dollar per ton basis as calculated on the guaranteed monthly weighted average BTU/lb invoicing and the then-current Base Price in dollars per ton. For all coal delivered, as defined in Section 5 hereof, and unloaded at the Buyer’s generating station(s) between the sixteenth (16th) and through the last day of any calendar month, Buyer shall make a payment for one-hundred percent (100%) of the amount owed for the coal by the fifteenth (15th) day of the month following the month of unloading, except that, if the fifteenth (15th) is not a regular work day, payment shall be made on the next regular work day. Also by the fifteenth (15th) day of the month following the month of unloading, with respect to all coal unloaded at Buyer’s generating station(s) during the month of unloading, a reconciliation of amounts paid and amounts owed during said month Delivery Month. As loaded Replacement Coal and/or Cover Coal shall be made, including, making any adjustments for any applicable discounts or other adjustments provided herein, except that, included in the invoicing and payment with respect to all amounts due or owing on the fifteenth (15th) of the month following the month of unloading, if the fifteenth (15th) is not a regular work day, payment shall be made on the next regular work day. For example, Buyer will make a preliminary payment by September 25 for coal unloaded from September 1 through 15. By September 15, a payment for coal unloaded from August 16 through August 31 will be made which will be adjusted to include a reconciliation with respect to all coal unloaded in August. The reconciliation shall be made as follows: Seller shall invoice Buyer on or before the tenth (10th) day of the month following the month of unloading at Buyer’s generating station(s) during the previous month. The amount due for all coal (based on the Base Price minus any Quality Price Discounts) unloaded and accepted by Buyer during any calendar month shall be calculated and compared to the sum of the preliminary payments made for coal delivered and unloaded and accepted during such month. The difference shall be paid by or paid to Seller, as applicable, by the fifteenth (15th) day of the month following the month of unloading or five (5) days after receipt of an invoice whichever is later, except, that, if the fifteenth (15th) is not a regular work day, payment shall be made in the next regular work dayDelivery Month. Buyer shall electronically transfer funds to Seller’s Account: Xxxxxxxxx Energyaccount based on the account information (including Bank name, Inc. US BankABA number and Account number) provided in writing, N.A. Account # 152306681361 Routing # 000-000-000in a form reasonably acceptable to Buyer, prior to the first (1st) Shipment under this Agreement. Seller reserves the right to modify such account information on prior written notice reasonably acceptable to Buyer.

Appears in 1 contract

Samples: Coal Supply Agreement

Payment Procedures for Coal Shipments. For all coal delivered pursuant to Section 5 hereof, and unloaded loaded at the Buyer’s generating station(s) Rail Delivery Point and Barge Delivery Point between the first (1st) through the and fifteenth (15th) days of any calendar monthDelivery Month, Buyer shall make preliminary payment for a “Preliminary Payment” of one-hundred percent (100%) of the amount owed Base Price for the such coal (based on the assumption that the coal will meet all guaranteed monthly quality GMWA parameters) by the twenty-fifth (25th) day of such month Delivery Month. All Preliminary Payments shall be calculated based solely on the then-current Base Price on a dollar-per-ton basis. By the fifteenth (15th) day of delivery the Payment Month, Buyer will pay for all coal loaded at the Barge Delivery Point and unloadingRail Delivery Point between the sixteenth (16th) and the last day of any Delivery Month plus any quality adjustments for the Delivery Month as provided in §8.2 above. For example, except thatBuyer will make a Preliminary Payment by August 25 for coal loaded between August 1 through August 15. On or before the fifth (5th) working day of September, Buyer will provide Seller with the Buyer’s Statement. On or before the tenth (10th) day of September, the Seller shall provide Buyer the Monthly Invoice for all coal loaded in August. The Monthly Invoice for August deliveries, to the extent it is verified by Buyer, will be paid by the fifteenth (15th) day of September. In every case referenced in this Section for payment, if the twenty-fifth (25th) a specific day is not a banking day and regular work daywork-day for Buyer, payment shall be made on the next regular work dayday for Buyer. All preliminary payments Notwithstanding loading, Rejected Coal shipments shall not be calculated based upon included in the then-current price on a dollar per ton basis as calculated on the guaranteed monthly weighted average BTU/lb invoicing and the then-current Base Price in dollars per ton. For all coal delivered, as defined in Section 5 hereof, and unloaded at the Buyer’s generating station(s) between the sixteenth (16th) and through the last day of any calendar month, Buyer shall make a payment for one-hundred percent (100%) of the amount owed for the coal by the fifteenth (15th) day of the month following the month of unloading, except that, if the fifteenth (15th) is not a regular work day, payment shall be made on the next regular work day. Also by the fifteenth (15th) day of the month following the month of unloading, with respect to all coal unloaded at Buyer’s generating station(s) during the month of unloading, a reconciliation of amounts paid and amounts owed during said month Delivery Month. As loaded Replacement Coal and/or Cover Coal shall be made, including, making any adjustments for any applicable discounts or other adjustments provided herein, except that, included in the invoicing and payment with respect to all amounts due or owing on the fifteenth (15th) of the month following the month of unloading, if the fifteenth (15th) is not a regular work day, payment shall be made on the next regular work day. For example, Buyer will make a preliminary payment by September 25 for coal unloaded from September 1 through 15. By September 15, a payment for coal unloaded from August 16 through August 31 will be made which will be adjusted to include a reconciliation with respect to all coal unloaded in August. The reconciliation shall be made as follows: Seller shall invoice Buyer on or before the tenth (10th) day of the month following the month of unloading at Buyer’s generating station(s) during the previous month. The amount due for all coal (based on the Base Price minus any Quality Price Discounts) unloaded and accepted by Buyer during any calendar month shall be calculated and compared to the sum of the preliminary payments made for coal delivered and unloaded and accepted during such month. The difference shall be paid by or paid to Seller, as applicable, by the fifteenth (15th) day of the month following the month of unloading or five (5) days after receipt of an invoice whichever is later, except, that, if the fifteenth (15th) is not a regular work day, payment shall be made in the next regular work dayDelivery Month. Buyer shall electronically transfer funds to Seller’s Account: Xxxxxxxxx EnergyAccount based upon information (including Bank name, Inc. US BankABA number and Account Number) provided in writing, N.A. Account # 152306681361 Routing # 000-000-000in a form reasonably acceptable to Buyer, prior to the first (1st) Shipment under this Agreement. Seller reserves the right to modify such account information on prior written notice reasonably acceptable to Buyer. Buyer shall email remittance advice to xxxxxxxxxxxxxxx@xxxxxxx.xxx

Appears in 1 contract

Samples: Coal Supply Agreement

Payment Procedures for Coal Shipments. For all coal delivered pursuant to Section Article 5 hereof, and unloaded at the Buyer’s generating station(s) Delivery Point between the first (1st) through the and fifteenth (15th) days of any calendar month, . Buyer shall make preliminary payment for oneseventy-hundred five percent (10075%) of the amount owed for the coal (based on the assumption that the coal will meet all guaranteed monthly quality parameters) by the twenty-fifth (25th) day of such month of delivery and unloadingdelivery, except that, if the twenty-fifth (25th) is not a regular work day, payment shall be made on the next regular work day. All preliminary payments shall be calculated based upon the then-current price on a dollar per ton basis as calculated on the guaranteed monthly weighted average BTU/lb and the then-current Base Price in dollars per ton. For all coal delivered, as defined in Section 5 hereof, and unloaded at the Buyer’s generating station(s) between the sixteenth (16th) and through the last day of any calendar month, Buyer shall make a payment for one-hundred percent (100%) of the amount owed for the coal by the fifteenth (15th) day of the month following the month of unloading, except that, if the fifteenth (15th) is not a regular work day, payment shall be made on the next regular work day. Also by the fifteenth (15th) day of the month following the month of unloading, with respect to all coal unloaded at Buyer’s generating station(s) during the month of unloading, a reconciliation of amounts paid and amounts owed during said month shall be made, including, making any adjustments for any applicable discounts or other adjustments provided herein, except that, with respect to all amounts due or owing on the fifteenth (15th) of the month following the month of unloading, if the fifteenth (15th) 25th is not a regular work day, payment shall be made on the next regular work day. For all coal delivered, as defined in Article 5 hereof, and unloaded at the Delivery Point between the sixteenth (16th) and the last day of any calendar month. Buyer shall make preliminary payment for seventy-five percent (75%) of the delivered coal by the tenth (10th) day of the month following the month of delivery, except that, if the 10th is not a regular work day, payment shall be made on the next regular work day. Preliminary payment shall be in the amount of seventy-five percent (75%) of the then current price on a dollar per ton basis as calculated by the guaranteed monthly weighted average BTU/lb. and the then current Base Price in cents per MMBTU. A reconciliation of amounts paid and amounts owed shall occur by the twenty-fifth (25th) day of the month following the month of delivery. (For example, Buyer will make a preliminary one initial payment by September 25 for seventy-five percent of coal unloaded from delivered September 1 through 15. By , and another initial payment by October 10 for seventy-five percent of coal delivered September 15, a payment for coal unloaded from August 16 through August 31 30. A reconciliation will be occur by October 25 for all deliveries made which will be adjusted to include a reconciliation with respect to all coal unloaded in August. September.) Contract #LGE 99-002 The reconciliation shall be made as follows: Seller shall invoice Buyer on or before the tenth (10th) 15th day of the month following the month of unloading at Buyer’s generating station(s) during the previous monthdelivery. The amount due for all coal (based on the Base Price minus any Quality Price Discounts) delivered and unloaded and accepted by Buyer during any calendar month shall be calculated and compared to the sum of the preliminary payments made for coal delivered and unloaded and accepted during such month. The difference shall be paid by or paid to Seller, as applicable, by the fifteenth twenty-fifth (15th25th) day of the month following the month of unloading or five (5) days after receipt of an invoice whichever is laterdelivery, except, that, if the fifteenth (15th) 25th is not a regular work day, payment shall be made in the next regular work day. Buyer shall mail all payments to Seller's account at Peabody COALSALES Company, X.X. Xxx 000000, Xx. Xxxxx, XX 00000-0000 or electronically transfer funds to as requested by Seller’s Account: Xxxxxxxxx Energy, Inc. US Bank, N.A. Account # 152306681361 Routing # 000-000-000.

Appears in 1 contract

Samples: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)

Payment Procedures for Coal Shipments. 22 BLACK BEAUTY COAL COMPANY LG&E CONTRACT #LGE 02012 KU CONTRACT #KUF02857 For all coal delivered pursuant to Section SECTION 5 hereof, and unloaded at the Buyer’s 's generating station(s) between the first (1st) through the and fifteenth (15th) days of any calendar month, . Buyer shall make preliminary payment for oneseventy-hundred five percent (10075%) of the amount owed for the coal (based on the assumption that the coal will meet all guaranteed monthly quality parameters) by the twenty-fifth (25th) day of such month of delivery and unloading, except that, if the twenty-fifth (25th) is not a regular work day, payment shall be made on the next regular work day. All preliminary payments shall be calculated based upon the then-current price on a dollar per ton basis as calculated on the guaranteed monthly weighted average BTU/lb and the then-current Base Price in dollars per ton. For all coal delivered, as defined in Section 5 hereof, and unloaded at the Buyer’s generating station(s) between the sixteenth (16th) and through the last day of any calendar month, Buyer shall make a payment for one-hundred percent (100%) of the amount owed for the coal by the fifteenth (15th) day of the month following the month of unloading, except that, if the fifteenth (15th) is not a regular work day, payment shall be made on the next regular work day. Also by the fifteenth (15th) day of the month following the month of unloading, with respect to all coal unloaded at Buyer’s generating station(s) during the month of unloading, a reconciliation of amounts paid and amounts owed during said month shall be made, including, making any adjustments for any applicable discounts or other adjustments provided herein, except that, with respect to all amounts due or owing on the fifteenth (15th) of the month following the month of unloading, if the fifteenth (15th) 25th is not a regular work day, payment shall be made on the next regular work day. For exampleall coal delivered, as defined in section 5 hereof, and unloaded at the Buyer's generating station(s) between the sixteenth (16th) and the last day of any calendar month. Buyer will shall make a preliminary payment for seventy-five percent (75%) of the delivered and unloaded coal by September 25 for coal unloaded from September 1 through 15. By September 15, a payment for coal unloaded from August 16 through August 31 will be made which will be adjusted to include a reconciliation with respect to all coal unloaded in August. The reconciliation shall be made as follows: Seller shall invoice Buyer on or before the tenth (10th) day of the month following the month of unloading at Buyer’s generating station(sdelivery, except that, if the 10th is not a regular work day, payment shall be made on the next regular work day. Preliminary payment shall be in the amount of seventy-five percent (75%) during of the previous monththen current price on a dollar per ton basis as calculated by the guaranteed monthly weighted average BTU/lb. and the then current Base Price in cents per MMBTU. A reconciliation of amounts paid and amounts owed shall occur by the twenty-fifth (25th) day of the month following the month of delivery and unloading. (For example, Buyer will make one initial payment by September 25 for seventy-five percent of coal delivered and unloaded September 1 through 15, and another initial payment by October 10 for seventy-five percent of coal delivered and unloaded September 16 through 30. A reconciliation will occur by October 25 for all deliveries and unloadings made in September.) The reconciliation shall be made as BLACK BEAUTY COAL COMPANY LG&E CONTRACT #LGE 02012 KU CONTRACT #KUF02857 follows: Seller shall invoice Buyer on or before the 15th day of the month following the month of delivery and unloading. The amount due for all coal (based on the Base Price minus any Quality Price Discounts) delivered and unloaded and accepted by Buyer during any calendar month shall be calculated and compared to the sum of the preliminary payments made for coal delivered and unloaded and accepted during such month. The difference shall be paid by or paid to Seller, as applicable, by the fifteenth twenty-fifth (15th25th) day of the month following the month of unloading or five (5) days after receipt of an invoice whichever is laterdelivery and unloading, except, that, if the fifteenth (15th) 25th is not a regular work day, payment shall be made in the next regular work day. Buyer shall electronically transfer funds to Seller’s 's Account: Xxxxxxxxx Energy, Inc. US Bank, N.A. Black Beauty Coal Company PNC Bank Account # 152306681361 Routing # 000-000-000No. 00000000 ABA No. 000000000

Appears in 1 contract

Samples: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)

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Payment Procedures for Coal Shipments. For all coal delivered pursuant to Article Section 5 hereof, and unloaded at the Buyer’s generating station(s) stations between the first (1st) through the and fifteenth (15th) days of any calendar month, Buyer shall make preliminary payment for oneseventy-hundred five percent (10075%) of the amount owed for the coal (based on the assumption that the coal will meet all guaranteed monthly quality parameters) by the twenty-fifth (25th) day of such month of delivery and unloading, except that, if . If the twenty-fifth (25th) is not a regular work working day, payment shall be made on the next regular work working day. All preliminary payments shall be calculated based upon the then-current price on a dollar per ton basis as calculated on the guaranteed monthly weighted average BTU/lb and the then-current Base Price in dollars per ton. For all coal delivered, as defined in Article Section 5 hereof, and unloaded at the Buyer’s generating station(s) stations between the sixteenth (16th) and through the last day of any calendar month, Buyer shall make a preliminary payment for oneseventy-hundred five percent (10075%) of the amount owed for the delivered and unloaded coal by the fifteenth (15th) day of the month following the month of unloading, except that, if the fifteenth (15th) is not a regular work day, payment shall be made on the next regular work day. Also by the fifteenth (15th) day of the month following the month of unloading, with respect to all coal unloaded at Buyer’s generating station(s) during the month of unloading, a reconciliation of amounts paid and amounts owed during said month shall be made, including, making any adjustments for any applicable discounts or other adjustments provided herein, except that, with respect to all amounts due or owing on the fifteenth (15th) of the month following the month of unloading, if the fifteenth (15th) is not a regular work day, payment shall be made on the next regular work day. For example, Buyer will make a preliminary payment by September 25 for coal unloaded from September 1 through 15. By September 15, a payment for coal unloaded from August 16 through August 31 will be made which will be adjusted to include a reconciliation with respect to all coal unloaded in August. The reconciliation shall be made as follows: Seller shall invoice Buyer on or before the tenth (10th) day of the month following the month of unloading at Buyer’s generating station(sdelivery and unloading. If the tenth (10th) during the previous month. The amount due for all coal (based is not a regular workday, payment shall be made on the next regular working day. Preliminary payment shall be in the amount of seventy-five percent (75%) of the then current price on a dollar per ton basis as calculated by the guaranteed monthly weighted average BTU/lb and the then current Base Price minus any Quality Price Discounts) unloaded in cents per MMBTU. A reconciliation of amounts paid and accepted by Buyer during any calendar month amounts owed shall be calculated and compared to the sum of the preliminary payments made for coal delivered and unloaded and accepted during such month. The difference shall be paid by or paid to Seller, as applicable, occur by the fifteenth twenty-fifth (15th25th) day of the month following the month of unloading or delivery and unloading. (For example, Buyer will make one initial payment by September 25 for seventy-five percent (575%) days after receipt of an invoice whichever is later, except, that, if the fifteenth (15th) is not a regular work day, payment shall be made in the next regular work day. Buyer shall electronically transfer funds to Seller’s Account: Xxxxxxxxx Energy, Inc. US Bank, N.A. Account # 152306681361 Routing # 000-000-000coal delivered and unloaded September

Appears in 1 contract

Samples: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)

Payment Procedures for Coal Shipments. For all coal delivered pursuant to Section 5 hereof, and unloaded loaded at the Buyer’s generating station(sDelivery Point(s) between the first (1st) through the and fifteenth (15th) days of any calendar monthDelivery Month, Buyer shall make preliminary payment for a “Preliminary Payment” of one-hundred percent (100%) of the amount owed Base Price for the such coal (based on the assumption that the coal will meet all guaranteed monthly quality GMWA parameters) by the twenty-fifth (25th) day of such month Delivery Month. All Preliminary Payments shall be calculated based solely on the then- current Base Price on a dollar-per-ton basis. By the fifteenth (15th) day of delivery the Payment Month, Buyer will pay for all coal loaded at the Delivery Point between the sixteenth (16th) and unloadingthe last day of any Delivery Month plus any quality adjustments for the Delivery Month as provided in §8.2 above. For example, except thatBuyer will make a Preliminary Payment by August 25 for coal loaded between August 1 through August 15. On or before the fifth (5th) working day of September, Buyer will provide Seller with the Buyer’s Statement. On or before the tenth (10th) day of September, the Seller shall provide Buyer the Monthly Invoice for all coal loaded by Seller in August. The Monthly Invoice for August loadings, to the extent it is verified by Xxxxx, will be paid by the fifteenth (15th) day of September. In every case referenced in this section for payment, if the twenty-fifth (25th) a specific day is not a banking day and regular work dayday for Buyer, payment shall be made on the next regular work dayday for Buyer. All preliminary payments Notwithstanding loading, Rejected Coal shipments shall not be calculated based upon included in the then-current price on a dollar per ton basis as calculated on the guaranteed monthly weighted average BTU/lb invoicing and the then-current Base Price in dollars per ton. For all coal delivered, as defined in Section 5 hereof, and unloaded at the Buyer’s generating station(s) between the sixteenth (16th) and through the last day of any calendar month, Buyer shall make a payment for one-hundred percent (100%) of the amount owed for the coal by the fifteenth (15th) day of the month following the month of unloading, except that, if the fifteenth (15th) is not a regular work day, payment shall be made on the next regular work day. Also by the fifteenth (15th) day of the month following the month of unloading, with respect to all coal unloaded at Buyer’s generating station(s) during the month of unloading, a reconciliation of amounts paid and amounts owed during said month Delivery Month. As loaded Replacement Coal and/or Cover Coal shall be made, including, making any adjustments for any applicable discounts or other adjustments provided herein, except that, included in the invoicing and payment with respect to all amounts due or owing on the fifteenth (15th) of the month following the month of unloading, if the fifteenth (15th) is not a regular work day, payment shall be made on the next regular work day. For example, Buyer will make a preliminary payment by September 25 for coal unloaded from September 1 through 15. By September 15, a payment for coal unloaded from August 16 through August 31 will be made which will be adjusted to include a reconciliation with respect to all coal unloaded in August. The reconciliation shall be made as follows: Seller shall invoice Buyer on or before the tenth (10th) day of the month following the month of unloading at Buyer’s generating station(s) during the previous month. The amount due for all coal (based on the Base Price minus any Quality Price Discounts) unloaded and accepted by Buyer during any calendar month shall be calculated and compared to the sum of the preliminary payments made for coal delivered and unloaded and accepted during such month. The difference shall be paid by or paid to Seller, as applicable, by the fifteenth (15th) day of the month following the month of unloading or five (5) days after receipt of an invoice whichever is later, except, that, if the fifteenth (15th) is not a regular work day, payment shall be made in the next regular work dayDelivery Month. Buyer shall electronically transfer funds to Seller’s Account: Xxxxxxxxx Energyaccount based on the account information (including Bank name, Inc. US BankABA number and Account number) provided in writing, N.A. Account # 152306681361 Routing # 000-000-000in a form reasonably acceptable to Buyer, prior to the first (1st) Shipment under this Agreement. Seller reserves the right to modify such account information on prior written notice reasonably acceptable to Buyer.

Appears in 1 contract

Samples: Coal Supply Agreement

Payment Procedures for Coal Shipments. For all coal delivered pursuant to Section 5 hereof, and unloaded at the Buyer’s generating station(s) loaded between the first (1st) through the and fifteenth (15th) days of any calendar monthDelivery Month, Buyer shall make preliminary payment for a “Preliminary Payment” of one-hundred percent (100%) of the amount owed Base Price for the such coal (based on the assumption that the coal will meet all guaranteed monthly quality GMWA parameters) by the twenty-twenty- fifth (25th) day of such month Delivery Month. All Preliminary Payments shall be calculated based solely on the then-current Base Price on a dollar-per-ton basis. By the fifteenth (15th) day of delivery the Payment Month, Buyer will pay for all coal loaded between the sixteenth (16th) and unloadingthe last day of any Delivery Month plus any quality adjustments for the Delivery Month as provided in §8.2 above. For example, except thatBuyer will make a Preliminary Payment by August 25 for coal loaded between August 1 through August 15. On or before the fifth (5th) working day of September, Buyer will provide Seller with the Buyer’s Statement. On or before the tenth (10th) day of September, Seller shall provide Buyer the Monthly Invoice for all coal loaded in August. The Monthly Invoice for August loadings, to the extent it is verified by Buyer, will be paid by the fifteenth (15th) day of September. In every case referenced in this section for payment, if the twenty-fifth (25th) a specific day is not a banking day and regular work dayday for Buyer, payment shall be made on the next regular work dayday for Buyer. All preliminary payments Notwithstanding loading, Rejected Coal shipments shall not be calculated based upon included in the then-current price on a dollar per ton basis as calculated on the guaranteed monthly weighted average BTU/lb invoicing and the then-current Base Price in dollars per ton. For all coal delivered, as defined in Section 5 hereof, and unloaded at the Buyer’s generating station(s) between the sixteenth (16th) and through the last day of any calendar month, Buyer shall make a payment for one-hundred percent (100%) of the amount owed for the coal by the fifteenth (15th) day of the month following the month of unloading, except that, if the fifteenth (15th) is not a regular work day, payment shall be made on the next regular work day. Also by the fifteenth (15th) day of the month following the month of unloading, with respect to all coal unloaded at Buyer’s generating station(s) during the month of unloading, a reconciliation of amounts paid and amounts owed during said month Delivery Month. As-loaded Replacement Coal and/or Cover Coal shall be made, including, making any adjustments for any applicable discounts or other adjustments provided herein, except that, included in the invoicing and payment with respect to all amounts due or owing on the fifteenth (15th) of the month following the month of unloading, if the fifteenth (15th) is not a regular work day, payment shall be made on the next regular work day. For example, Buyer will make a preliminary payment by September 25 for coal unloaded from September 1 through 15. By September 15, a payment for coal unloaded from August 16 through August 31 will be made which will be adjusted to include a reconciliation with respect to all coal unloaded in August. The reconciliation shall be made as follows: Seller shall invoice Buyer on or before the tenth (10th) day of the month following the month of unloading at Buyer’s generating station(s) during the previous month. The amount due for all coal (based on the Base Price minus any Quality Price Discounts) unloaded and accepted by Buyer during any calendar month shall be calculated and compared to the sum of the preliminary payments made for coal delivered and unloaded and accepted during such month. The difference shall be paid by or paid to Seller, as applicable, by the fifteenth (15th) day of the month following the month of unloading or five (5) days after receipt of an invoice whichever is later, except, that, if the fifteenth (15th) is not a regular work day, payment shall be made in the next regular work dayDelivery Month. Buyer shall electronically transfer funds to Seller’s Account: Xxxxxxxxx EnergyAccount based on the account information (including Bank name, Inc. US BankABA number and Account Number) provided in writing, N.A. Account # 152306681361 Routing # 000-000-000in a form reasonably acceptable to Buyer, prior to the first (1st) Shipment under this Agreement. Seller reserves the right to modify such account information on prior written notice reasonably acceptable to Buyer. Buyer’s payment obligations for coal delivered by Seller and accepted by Buyer shall survive the termination or expiration of this Agreement.

Appears in 1 contract

Samples: Coal Supply Agreement

Payment Procedures for Coal Shipments. For all coal delivered pursuant to Section 5 hereof, and unloaded at the Buyer’s generating station(s) between the first (1st) through the fifteenth (15th) days of any calendar month, Buyer shall make preliminary payment for one-hundred percent (100%) of the amount owed for the coal (based on the assumption that the coal will meet all guaranteed monthly quality parameters) by the twenty-fifth (25th) day of such month of delivery and unloading, except that, if the twenty-fifth (25th) is not a regular work day, payment shall be made on the next regular XXXXXXXXX COAL COMPANY, INC LG&E/KU Contract No. J10009 work day. All preliminary payments shall be calculated based upon the then-current price on a dollar per ton basis as calculated on the guaranteed monthly weighted average BTU/lb and the then-current Base Price in dollars per ton. For all coal delivered, as defined in Section 5 hereof, and unloaded at the Buyer’s generating station(s) between the sixteenth (16th) and through the last day of any calendar month, Buyer shall make a payment for one-hundred percent (100%) of the amount owed for the coal by the fifteenth (15th) day of the month following the month of unloading, except that, if the fifteenth (15th) is not a regular work day, payment shall be made on the next regular work day. Also by the fifteenth (15th) day of the month following the month of unloading, with respect to all coal unloaded at Buyer’s generating station(s) during the month of unloading, a reconciliation of amounts paid and amounts owed during said month shall be made, including, making any adjustments for any applicable discounts or other adjustments provided herein, except that, with respect to all amounts due or owing on the fifteenth (15th) of the month following the month of unloading, if the fifteenth (15th) is not a regular work day, payment shall be made on the next regular work day. For example, Buyer will make a preliminary payment by September 25 for coal unloaded from September 1 through 15. By September 15, a payment for coal unloaded from August 16 through August 31 will be made which will be adjusted to include a reconciliation with respect to all coal unloaded in August. The reconciliation shall be made as follows: Seller shall invoice Buyer on or before the tenth (10th) day of the month following the month of unloading at Buyer’s generating station(s) during the previous month. The amount due for all coal (based on the Base Price plus or minus any Quality Price Discountsadjustments) unloaded and accepted by Buyer during any calendar month shall be calculated and compared to the sum of the preliminary payments made for coal delivered and unloaded and accepted during such month. The difference shall be paid by or paid to Seller, as applicable, by the fifteenth (15th) day of the month following the month of unloading or five (5) days after receipt of an invoice whichever is later, except, that, if the fifteenth (15th) is not a regular work day, payment shall be made in the next regular work day. Buyer shall electronically transfer funds to Seller’s Account: Xxxxxxxxx Energy, Inc. US Bank, N.A. Account # 152306681361 Routing # 000-000-00030

Appears in 1 contract

Samples: Coal Supply Agreement

Payment Procedures for Coal Shipments. For all coal delivered pursuant to Section 5 hereof, and unloaded at the Buyer’s 's generating station(s) stations between the first (1st) through the and fifteenth (15th) days of any calendar month, Buyer shall make preliminary payment to Seller for oneseventy-hundred five percent (10075%) of the amount owed for the coal (based on the assumption that the coal will meet all the guaranteed monthly quality parameters) by the twenty-fifth (25th) day of such month of delivery and unloading, except that, if the twenty-fifth (25th) 25th is not a regular work business day, payment shall be made on the next regular work business day. All preliminary payments shall be calculated based upon the then-current price on a dollar per ton basis as calculated on the guaranteed monthly weighted average BTU/lb and the then-current Base Price in dollars per ton. For all coal delivered, as defined in Section 5 hereof, and unloaded at the Buyer’s 's generating station(s) stations between the sixteenth (16th) and through the last day of any calendar month, Buyer shall make a preliminary payment to Seller for oneseventy-hundred percent five (10075%) of the amount owed for the delivered and unloaded coal by the fifteenth (15th) day of the month following the month of unloading, except that, if the fifteenth (15th) is not a regular work day, payment shall be made on the next regular work day. Also by the fifteenth (15th) day of the month following the month of unloading, with respect to all coal unloaded at Buyer’s generating station(s) during the month of unloading, a reconciliation of amounts paid and amounts owed during said month shall be made, including, making any adjustments for any applicable discounts or other adjustments provided herein, except that, with respect to all amounts due or owing on the fifteenth (15th) of the month following the month of unloading, if the fifteenth (15th) is not a regular work day, payment shall be made on the next regular work day. For example, Buyer will make a preliminary payment by September 25 for coal unloaded from September 1 through 15. By September 15, a payment for coal unloaded from August 16 through August 31 will be made which will be adjusted to include a reconciliation with respect to all coal unloaded in August. The reconciliation shall be made as follows: Seller shall invoice Buyer on or before the tenth (10th) day of the month following the month of unloading at Buyer’s generating station(sdelivery and unloading, except that, if the 10th is not a business day, payment shall be made on the next business day. Preliminary payment to Seller shall be in the amount of seventy-five percent (75%) during of the previous monththen current price on a dollar per ton basis as calculated by the guaranteed monthly weighted average BTU/lb. and the then current Base Price in cents per MMBTU. A reconciliation of amounts paid and amounts owed shall occur on the twenty-fifth (25th) day of the month following the month of delivery and unloading. (For example, Buyer will make one initial payment on September 25 for seventy-five percent of coal delivered and unloaded September 1 through 15, and another initial payment on October 10 for seventy-five percent of CONTRACT #LGE02014 coal delivered and unloaded September 16 through 30. A reconciliation will occur on October 25 for all deliveries and unloadings made in September.) The reconciliation shall be made as follows: Seller's Agent shall invoice Buyer on or before the 15th day of the month following the month of delivery and unloading. The amount due for all coal (based on the Base Price Price, including adjustment for BTU variations from the guaranteed monthly weighted average, minus any Quality Price Discounts) delivered and unloaded and accepted by Buyer during any calendar month shall be calculated and compared to the sum of the preliminary payments made for coal delivered and unloaded and accepted during such month. The difference shall be paid by or paid to Seller, as applicable, by the fifteenth twenty-fifth (15th25th) day of the month following the month of unloading or five (5) days after receipt of an invoice whichever is laterdelivery and unloading, except, that, if the fifteenth (15th) 25th is not a regular work business day, payment shall be made in on the next regular work business day. In the event Seller notifies Buyer that a pattern has developed whereby payments are not being paid when due, as set forth herein, Buyer shall electronically transfer funds to Seller’s Account: Xxxxxxxxx Energyreview its internal approval and payment procedures and remedy such payment practices, Inc. US Bank, N.A. Account # 152306681361 Routing # 000-000-000if any develop.

Appears in 1 contract

Samples: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)

Payment Procedures for Coal Shipments. For all coal delivered pursuant to Section 5 hereof, and unloaded accepted at the Buyer’s generating station(sBarge Delivery Point(s) between the first (1st) through the and fifteenth (15th) days of any calendar monthDelivery Month, Buyer shall make preliminary payment for a “Preliminary Payment” of one-hundred percent (100%) of the amount owed Base Price for the such coal (based on the assumption that the coal will meet all guaranteed monthly quality Guaranteed Monthly Weighted Average parameters) by the twenty-fifth (25th) day of such month Delivery Month. All Preliminary Payments shall be calculated based solely on the then-current Base Price on a dollar-per-ton basis. By the fifteenth (15th) day of delivery the Payment Month, Buyer will pay for all coal delivered and unloadingaccepted at the Barge Delivery Point(s) between the sixteenth (16th) and the last day of any Delivery Month plus any quality adjustments for the Delivery Month as provided in §8.2 above. For example, except thatBuyer will make a Preliminary Payment by August 25 for coal delivered and accepted between August 1 through August 15. On or before the fifth (5th) working day of September, Buyer will provide Seller with the Buyer’s Statement. On or before the tenth (10th) day of September, the Seller shall provide Buyer the Monthly Invoice for all coal delivered and accepted by Buyer in August. The Monthly Invoice for August deliveries, to the extent it is verified by Xxxxx, will be paid by the fifteenth (15th) day of September. In every case referenced in this Section for payment, if the twenty-fifth (25th) a specific day is not a banking day and regular work dayworkday for Buyer, payment shall be made on the next regular work day. All preliminary payments shall be calculated based upon the then-current price on a dollar per ton basis as calculated on the guaranteed monthly weighted average BTU/lb and the then-current Base Price in dollars per ton. For all coal delivered, as defined in Section 5 hereof, and unloaded at the day for Buyer’s generating station(s) between the sixteenth (16th) and through the last day of any calendar month, Buyer shall make a payment for one-hundred percent (100%) of the amount owed for the coal by the fifteenth (15th) day of the month following the month of unloading, except that, if the fifteenth (15th) is not a regular work day, payment shall be made on the next regular work day. Also by the fifteenth (15th) day of the month following the month of unloading, with respect to all coal unloaded at Buyer’s generating station(s) during the month of unloading, a reconciliation of amounts paid and amounts owed during said month shall be made, including, making any adjustments for any applicable discounts or other adjustments provided herein, except that, with respect to all amounts due or owing on the fifteenth (15th) of the month following the month of unloading, if the fifteenth (15th) is not a regular work day, payment shall be made on the next regular work day. For example, Buyer will make a preliminary payment by September 25 for coal unloaded from September 1 through 15. By September 15, a payment for coal unloaded from August 16 through August 31 will be made which will be adjusted to include a reconciliation with respect to all coal unloaded in August. The reconciliation shall be made as follows: Seller shall invoice Buyer on or before the tenth (10th) day of the month following the month of unloading at Buyer’s generating station(s) during the previous month. The amount due for all coal (based on the Base Price minus any Quality Price Discounts) unloaded and accepted by Buyer during any calendar month shall be calculated and compared to the sum of the preliminary payments made for coal delivered and unloaded and accepted during such month. The difference shall be paid by or paid to Seller, as applicable, by the fifteenth (15th) day of the month following the month of unloading or five (5) days after receipt of an invoice whichever is later, except, that, if the fifteenth (15th) is not a regular work day, payment shall be made in the next regular work day. Buyer shall electronically transfer funds via ACH to Seller’s Account: Xxxxxxxxx EnergyAccount based on the account information (including Bank name, Inc. US BankABA number and Account Number) provided in writing, N.A. Account # 152306681361 Routing # 000-000-000in a form reasonably acceptable to Buyer, prior to the first (1st) Shipment under this Agreement. Seller reserves the right to modify such account information on prior written notice reasonably acceptable to Buyer. In the event Seller notifies Buyer that a pattern has developed whereby payments are not being paid when due, as set forth herein, Buyer shall review its internal approval and payment procedures and remedy such payment practices, if any develop. The foregoing notwithstanding, the amount of any correct invoice not paid within five (5) business days when due, shall bear interest at the Interest Rate (as defined in §9.4) from the date the correct invoice was due through the date that the invoice is paid.

Appears in 1 contract

Samples: Coal Supply Agreement

Payment Procedures for Coal Shipments. For all coal delivered pursuant to Section Article 5 hereof, and unloaded at the Buyer’s generating station(s) Delivery Point between the first (1st) through the and fifteenth (15th) days of any calendar month, . Buyer shall make preliminary payment for oneseventy-hundred five percent (10075%) of the amount owed for the coal (based on the assumption that the coal will meet all guaranteed monthly quality parameters) by the twenty-fifth (25th) day of such month of delivery and unloadingdelivery, except that, if the twenty-fifth (25th) is not a regular work day, payment shall be made on the next regular work day. All preliminary payments shall be calculated based upon the then-current price on a dollar per ton basis as calculated on the guaranteed monthly weighted average BTU/lb and the then-current Base Price in dollars per ton. For all coal delivered, as defined in Section 5 hereof, and unloaded at the Buyer’s generating station(s) between the sixteenth (16th) and through the last day of any calendar month, Buyer shall make a payment for one-hundred percent (100%) of the amount owed for the coal by the fifteenth (15th) day of the month following the month of unloading, except that, if the fifteenth (15th) is not a regular work day, payment shall be made on the next regular work day. Also by the fifteenth (15th) day of the month following the month of unloading, with respect to all coal unloaded at Buyer’s generating station(s) during the month of unloading, a reconciliation of amounts paid and amounts owed during said month shall be made, including, making any adjustments for any applicable discounts or other adjustments provided herein, except that, with respect to all amounts due or owing on the fifteenth (15th) of the month following the month of unloading, if the fifteenth (15th) 25th is not a regular work day, payment shall be made on the next regular work day. For all coal delivered, as defined in Article 5 hereof, and unloaded at the Delivery Point between the sixteenth (16th) and the last day of any calendar month. Buyer shall make preliminary payment for seventy-five percent (75%) of the delivered coal by the tenth (10th) day of the month following the month of delivery, except that, if the 10th is not a regular work day, payment shall be made on the next regular work day. Preliminary payment shall be in the amount of seventy-five percent (75%) of the then current price on a dollar per ton basis as calculated by the guaranteed monthly weighted average BTU/lb. and the then current Base Price in cents per MMBTU. A reconciliation of amounts paid and amounts owed shall occur on the twenty-fifth (25th) day of the month following the month of delivery. (For example, Buyer will make a preliminary one initial payment by on September 25 for seventy-five percent of coal unloaded from delivered September 1 through 15. By , and another initial payment on October 10 for seventy-five percent of coal delivered September 15, a payment for coal unloaded from August 16 through August 31 30. A reconciliation will be occur on October 25 for all deliveries made which will be adjusted to include a reconciliation with respect to all coal unloaded in August. September.) The reconciliation shall be made as follows: Seller shall invoice Buyer on or before the tenth (10th) 20th day Contract #00-000-000 of the month following the month of unloading at Buyer’s generating station(s) during the previous monthdelivery. The amount due for all coal (based on the Base Price minus any Quality Price Discounts) delivered and unloaded and accepted by Buyer during any calendar month shall be calculated and compared to the sum of the preliminary payments made for coal delivered and unloaded and accepted during such month. The difference shall be paid by or paid to Seller, as applicable, by the fifteenth twenty-fifth (15th25th) day of the month following the month of unloading or five (5) days after receipt of an invoice whichever is laterdelivery, except, that, if the fifteenth (15th) 25th is not a regular work day, payment shall be made in the next regular work day. In the event Seller notifies Buyer that a pattern has developed whereby payments are not being paid when due, as set forth herein, Buyer shall electronically transfer funds to Seller’s Account: Xxxxxxxxx Energyreview its internal approval and payment procedures and remedy such payment practices, Inc. US Bank, N.A. Account # 152306681361 Routing # 000-000-000if any develop.

Appears in 1 contract

Samples: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)

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