Purchase and Sale Commitments Sample Clauses
Purchase and Sale Commitments. No outstanding purchase commitments by any of the Companies are in excess of the normal, ordinary and usual requirements of such Company, and the aggregate of the contract prices to which the Companies have agreed in any outstanding purchase commitments is not so excessive when compared with current market prices for the relevant commodities or services that a material loss is likely to result. No outstanding sales commitment by any of the Companies obligates such Company to sell any product or service at a price which, because of currently prevailing and projected costs of materials or labor, is likely to result, when all such sales commitments are taken in the aggregate, in a material loss to the Companies taken as a whole. There are no material suppliers to any of the Companies of significant goods or services with respect to which practical alternative sources of supply, or comparable products, are not available on comparable terms and conditions.
Purchase and Sale Commitments. Except as set forth on Schedule 4.16, none of the customers, suppliers or distributors listed on Schedule 4.1(g) or (m) or Cygnus, Inc. has given any notification that any such Person will cease to continue its relationship with the Company or will substantially reduce the extent of such relationship.
Purchase and Sale Commitments. (a) Subject to the terms and conditions of this Agreement, during the period (the "Ramp-up Period") commencing on the Commencement Date (as defined in Section 4) and ending on the later to occur of the last day before the date of Final Acceptance (as defined in the Contract for Supply of Iron Carbide Production Equipment, Processes and Services, dated the date hereof, between Qualitech and Mitsubishi International Corporation, a New York corporation ("Mitsubishi")), or the Sustained Production Date (as defined in Subsection 1(c)), but in no event later than 38 months from the date of this Agreement, Qualitech shall sell to Steel Dynamics, and Steel Dynamics shall purchase from Qualitech, under the terms and conditions set forth in Section 3, 60% of any and all quantities of Product (as defined in Subsection 1(d)) produced by the Iron Carbide Plant.
(b) Subject to the terms and conditions of this Agreement, during the Ramp-up Period, Steel Dynamics, together with Mitsubishi and OmniSource Corporation, an Indiana corporation ("OmniSource"), pursuant to the Iron Carbide Off-Take Agreements of even date herewith between Qualitech and Mitsubishi and OmniSource, respectively, shall have the option to purchase pro rata from Qualitech up to 45.5%, 12.1% and 18.2%, respectively (the "Option Quantities"), of any and all Product produced by the Iron Carbide Plant during any period of one calendar month or greater in the Ramp-up Period in which Product is produced during that particular period at an annualized rate of 330,000 Tonnes or more, up to 660,000 Tonnes. Qualitech shall be entitled to use the remaining 24.2% of such production for that particular period for its own consumption or other disposition. Qualitech shall notify Steel Dynamics at * Material has been redacted pursuant to request for Confidential Treatment.
(c) Subject to the terms and conditions of this Agreement, including but not limited to Subsections 1(e), 1(f) and 1(g), commencing on the later to occur of the date of Final Acceptance or the date, after Final Acceptance, on which Qualitech has successfully produced Product for a sustained period of 90 days at the average rate of 41,250 Tonnes per month (the "Sustained Production Date"), but in no event later than 38 months from the date of this Agreement, and continuing during the term of this Agreement, Qualitech shall annually sell to Steel Dynamics, and Steel Dynamics shall annually purchase from Qualitech, quantities of Product produced by the...
Purchase and Sale Commitments. The outstanding purchase commitments included in the Assumed Liabilities are not in excess of the normal, ordinary and usual requirements of the Business, and the aggregate of the contract prices under such outstanding purchase commitments is not so excessive when compared with current market prices for the relevant commodities or services that a loss is likely to result. There are no suppliers of goods or services to the Business with respect to which practical alternative sources of supply, or comparable products, are not available on commercially reasonable terms and conditions.
Purchase and Sale Commitments. Commencing as of the Effective Date, HPL shall sell to ENA and ENA shall buy from HPL, all natural gas ("Natural Gas") necessary for ENA to perform its obligations accruing on and after that date under the Contract pursuant to terms and conditions which are identical to those of the Contract.
Purchase and Sale Commitments. No outstanding purchase commitments by the Company or the Subsidiary are in excess of the normal, ordinary and usual requirements of the business of the Company. No outstanding commitment obligates the Company or the Subsidiary to sell any product or service at a price below the sum of direct materials and direct labor incurred by the Company or the Subsidiary to produce and deliver such product or to perform such service.
Purchase and Sale Commitments. Supplier shall make commercially reasonable efforts to manufacture and supply to Distributor the quantities of Products that Distributor requires.
Purchase and Sale Commitments. The outstanding purchase and sale commitments of the Seller are in conformity with the normal, ordinary and usual requirements of the business of the Seller, and the contract prices to which the Seller has agreed in any outstanding purchase or sale commitment are not excessively high or low, respectively, when compared to current market prices for the relevant materials, products or services.
Purchase and Sale Commitments. Each outstanding purchase and sale commitment of the Companies in the amount of $1,000.00 or more. No material outstanding purchase commitments by the Companies is in excess of the normal, ordinary and usual requirements of the Companies' Business. No commitment the term of which extends beyond ninety (90) days after the date hereof purports to obligate the Companies to sell any product or service at a price which, in view of currently prevailing and projected costs of raw materials, would result, when all such sales commitments are taken in the aggregate, in a loss to the Companies. The Companies have not rendered billxxxx xxx or collected progress or other advance payments under any sales commitment providing for such payments in excess of amounts which could reasonably be billed or collected on the basis of work actually completed thereunder.
Purchase and Sale Commitments. Each outstanding purchase and sale commitment of the Company in the amount of $5,000.00 or more. No material outstanding purchase commitments by the Company is in excess of the normal, ordinary and usual requirements of the Company's Business. No commitment the term of which extends beyond ninety (90) days after the date hereof purports to obligate the Company to sell any product at a price which, in view of currently prevailing and projected costs of raw materials, would result, when all such sales commitments are taken in the aggregate, in a loss to the Company. The Company has not rendered billxxxx xxx or collected progress or other advance payments under any sales commitment providing for such payments in excess of amounts that could reasonably be billed or collected on the basis of work actually completed thereunder.