Purchase and Sale Commitments. No outstanding purchase commitments by the Company are in excess of the normal, ordinary and usual requirements of the Company, and the aggregate of the contract prices to which the Company has 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 the Company obligates the 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 Company taken as a whole. There are no material suppliers to the Company 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.
Purchase and Sale Commitments. 1.1 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. 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.
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...
Purchase and Sale Commitments. During the Term, Supplier shall make commercially reasonable efforts to manufacture and supply to Distributor the quantities of Products that Distributor requires. Distributor will keep Supplier informed of Distributor's marketing plan and strategy for selling the Products in the Territory. Distributor's commitment for Products shall be limited to that which is specified on Distributor's outstanding purchase orders.
Purchase and Sale Commitments. The outstanding purchase and sale commitments of Cars are in conformity with the normal, ordinary and customary requirements of the business of Cars and the contract prices to which Cars 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. 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. FOIA CONFIDENTIAL TREATMENT REQUESTED BY UPEK, INC.
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.
