Preseason Activities; Determination of Commercial Market Value Sample Clauses

Preseason Activities; Determination of Commercial Market Value. (a) On or prior to the forty-fifth (45th) day prior to the date that Agrilink expects to commence entering into annual crop agreements for a particular crop, Agrilink will prepare and deliver in writing to the applicable commodity committee(s) of Pro-Fac, which committees shall be formed and maintained by Pro-Fac in accordance with past custom and practice, the Estimated CMV for such crop as contemplated by Paragraph 6(b) above and the Commercial Market Value guidelines for each crop to be purchased from Pro-Fac in the upcoming growing season (collectively, the "Preseason Materials").
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Preseason Activities; Determination of Commercial Market Value. (a) On or prior to the forty-fifth (45th ) day prior to the date that Allens is expected to commence entering into annual crop agreements for a particular crop, Pro-Fac through its commodity committees, which committees shall be formed and maintained by Pro-Fac in accordance with past custom and practice, will prepare and deliver in writing to Allens the Estimated CMV for such crop as contemplated by Paragraph 6(b) above and the Commercial Market Value guidelines for each crop to be purchased from Pro-Fac in the upcoming growing season (collectively, the “Preseason Materials”). Such Preseason Materials shall include any change in the methodology for determining Commercial Market Value for any commodity in any growing region, including any changes arising from changes in the form of an annual crop agreement as contemplated by Paragraph 4(c) above to the extent such changes affect Commercial Market Value. The parties acknowledge that some aspects of the information that will be incorporated in the Preseason Materials will become known to, be decided by or become available to Pro-Fac at different times. Pro-Fac will have the right to deliver Preseason Materials to Allens in whole or in part at any time prior to such 45th day referenced above (and it is possible that certain Preseason Material will be delivered to Allens one (1) year or more in advance of such date). The preparation and implementation of the Preseason Materials will be subject to the following process which, to the extent not specifically addressed otherwise in this Paragraph 7, shall be consistent with past custom and practice of the parties to the Prior Agreement. Allens will either approve of any Preseason Materials with respect to a particular crop or crops or will disapprove of such Preseason Materials (or any aspect thereof) based on their inconsistency with the terms of this Agreement within thirty (30) calendar days following the delivery by Pro-Fac of such Preseason Materials to it. Allens may extend such 30-day period for up to an additional thirty (30) days if the Preseason Materials at issue were delivered by Pro-Fac to Allens more than sixty (60) days prior to such 45th day referenced in the first sentence of this Paragraph 7(a). To the extent Allens notifies Pro-Fac within the time period contemplated above that it disapproves of any aspect of the Preseason Materials, it shall be treated as a Disputed Item under Paragraph 7(d). If Allens approves the applicable Preseason Material...
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Related to Preseason Activities; Determination of Commercial Market Value

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  • Financial Market Service Bloomberg Financial Service and any other financial information provider designated by the Depositor by written notice to the Trustee.

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