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. (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. 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. 3.2.1 During the term of this Agreement, Parlex shall sell to Motorola, and Motorola shall purchase from Parlex, * percent of AIEG's requirements for Flexible Substrate Assemblies.Motorola's purchase obligation in this paragraph 3.2 shall be limited to the extent that any purchaser of flexible substrate assemblies, or products incorporating flexible substrate assemblies, from AIEG has approved another supplier of flexible substrate assemblies as of the Agreement Date or requires another supplier or multiple suppliers of flexible substrate assemblies in the future.
3.2.2 Motorola may request Parlex to sell Flexible Substrate Assemblies to one or more Motorola customers. If so, Parlex shall sell to any such Motorola customer its requirements for Flexible Substrate Assemblies on terms acceptable to Parlex, except that warranty and price shall be identical to that herein provided. The volume of Flexible Substrate Assemblies purchased from Parlex by any such Motorola customer shall be considered, for the purpose of volume pricing only, to be purchases by Motorola and the price to Motorola (and any such customer(s)) shall correspond to the price for the total volume purchased. * Confidential information has been omitted and filed separately with the Commission.
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. 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. 4.1 Upek commits to purchase the Initial Wafer Commitment during the Initial Supply Period; provided, however, that such Wafers have passed qualification pursuant to Section 2.1 and the price of such Wafers [***]*. * Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
4.2 ST commits to supply Upek the Initial Wafer Commitment, [***]*, subject to the forecasting requirements of Section 6. In the event at the end of the Initial Supply Period Upek has not purchased from ST the Initial Wafer Commitment, [***]* subject to any reduction as set forth in Section 6.6 below.
4.3 Following the Initial Supply Period until the end of the Term and subject to the terms and conditions of this Agreement, ST will use reasonable efforts to supply Upek with Wafers and/or Products [***]* and [***]*.
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. (a) Each calendar year during the Term of this Agreement, Seller will sell and deliver to Buyer, and Buyer will purchase and accept from Seller, in conformance with (i) the Specifications, and (ii) the other provisions of this Agreement, a maximum of XXXXXXXXXXXX(million) pounds of Product per calendar year (the “Annual Quantity”). The parties acknowledge and agree that, notwithstanding the foregoing, Buyer shall not be obligated to purchase any minimum quantity of Product hereunder.
(b) XXXXXXXXXXXXXXXXXXXXXXXXXX
Purchase and Sale Commitments. Supplier will manufacture, sell and deliver to Whirlpool, and Whirlpool will purchase from Supplier those Parts specified in Appendix A for its facilities located at: · LaVergne, Tennessee, U.S.A. · Manaus, Amazonas, Brazil · Plainfield, Indiana, U.S.A. Notwithstanding the provision of item 4.4 below (Meeting Competition), during the term of this Agreement, Supplier shall serve as the sole source provider of LCDI/AFCI power cords for room air conditioning units and portable cord set requirements that meet UL 484 and UL 1699 standards, provided, however, that Supplier complies with the terms and conditions of this Agreement. Orders for Parts will be pursuant to Purchase Orders, Releases or Production Schedules periodically issued by Whirlpool. Whirlpool will issue Schedules or Releases for each of its facilities covered by this Agreement indicating “Firm” and “Tentative” Periods. The quantities of Parts specified in the Firm Period shall be the only binding delivery and purchase commitments for finished Parts for the time specified until the next Release is issued. Any quantities stated in Tentative Periods or Forecasting Periods are non-binding estimates of Whirlpool’s future needs for such Parts. However, Whirlpool will purchase from Supplier, at Supplier’s cost, Unique Materials if they were required to supply the Parts specified in the Tentative Period and if such materials cannot be used during the term of this Supply Agreement or elsewhere by Supplier. Each Release supersedes and replaces the previous Release so any changed quantities need to be taken into account by Supplier. Supplier must submit a written claim within thirty (30) days after the expiration of this Agreement or after the time the Part becomes obsolete, whichever is earlier. [Table remove due to request for confidential treatment] For the purpose of this provision, working days shall be considered the business days from Monday through Friday. Parts covered by this Agreement are for production and repair/service purposes. Supplier shall be obligated to supply Whirlpool with service or repair Parts for a period of [request for confidential treatment] years after the termination or expiration of this Agreement pursuant to prices to be then agreed to by the parties and availability of components required. In the event Supplier desires to discontinue manufacturing such service or repair Parts due to obsolescence, it shall obtain Whirlpool's approval and offer Whirlpool the option of a lifet...
