Purchase of the System Sample Clauses

Purchase of the System. If Customer has not elected to extend the term of this Agreement in accordance with Section 12.b.i, Customer shall have the option to purchase the System on the Expiration Date by providing SolarStorage written Notice of its intent to purchase the System no later than one-hundred and eighty (180) days prior to the Expiration Date, and paying SolarStorage the fair market value of the System (“FMV”) no later than the relevant Expiration Date. The FMV shall be the value determined by the mutual agreement of Customer and SolarStorage within ten (10) days after receipt by SolarStorage of Customer’s Notice of its election to purchase the System. If Customer and SolarStorage cannot mutually agree on the FMV within such ten (10) days, then the Parties shall jointly select a nationally recognized independent appraiser with experience and expertise in the energy storage industry appropriate to value such equipment after discussing relevant methods and assumptions with the Parties. The Parties shall enter an agreement with such appraiser in which the appraiser agrees to act reasonably and in good faith to determine the FMV and to deliver an FMV determination in a written opinion to the Parties setting forth the methods, assumptions and findings of its determination. The valuation made by the appraiser shall be binding on the Parties in the absence of fraud or manifest error. The costs of the appraisal shall be borne by the Parties equally. To the extent transferable, the remaining period, if any, on all warranties for the System will be transferred from SolarStorage to Customer at Customer’s sole expense. If the Parties are unable to agree on the selection of an appraiser, such appraiser shall be jointly selected by the appraiser firm proposed by the Customer and the appraiser firm proposed by the SolarStorage. If such appraiser firms are unable to agree on the selection of an appraiser, then an appraiser shall be selected in accordance with the procedures set forth in Section 10. Upon receipt by SolarStorage of payment of the FMV, title to the System shall transfer to Customer as-is, where-is with no further liabilities, obligations, covenants, representations or warranties to be requested or required from SolarStorage.
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Purchase of the System. 4.1. The Customer agrees to purchase and J & M Energy Solutions agrees to sell to the Customer, deliver and install at the Customer’s premises the System outlined in the Contract on and subject to the terms and conditions of the Contract.
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Purchase of the System. The Manager shall hold a meeting of Members on or near each anniversary of the date the System is operational to apprise Members of the status of the Company and the anticipated purchase of the System by the Company. Before or after the Fifth Anniversary, any Member may call a meeting of the Members pursuant to Section 2.3 for the purpose of discussing the purchase of the System by the Company. Prior to the Fifth Anniversary, the Manager shall develop and present to the Members a proposal for the purchase of the System by the Company. The proposal shall consider virtual, group or other net metering arrangements, whether other parties can and should participate in net metering of electricity generated by the System, whether additional amounts will be required from Members or outside parties to fund the purchase, how the System will be owned and operated during the balance of its useful life, how to fund the removal or replacement of the System after the end of its useful life, and whether and on what terms Members might be allowed to withdraw from the Company and receive repayment of their capital contributions, if at all.
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Purchase of the System 
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Related to Purchase of the System

  • Purchase of the Shares (a) The Company agrees to issue and sell the Underwritten Shares to the several Underwriters as provided in this Agreement, and each Underwriter, on the basis of the representations, warranties and agreements set forth herein and subject to the conditions set forth herein, agrees, severally and not jointly, to purchase at a price per share of $[•] (the “Purchase Price”) from the Company the respective number of Underwritten Shares set forth opposite such Underwriter’s name in Schedule 1 hereto. In addition, the Company agrees to issue and sell the Option Shares to the several Underwriters as provided in this Agreement, and the Underwriters, on the basis of the representations, warranties and agreements set forth herein and subject to the conditions set forth herein, shall have the option to purchase, severally and not jointly, from the Company the Option Shares at the Purchase Price less an amount per share equal to any dividends or distributions declared by the Company and payable on the Underwritten Shares but not payable on the Option Shares. If any Option Shares are to be purchased, the number of Option Shares to be purchased by each Underwriter shall be the number of Option Shares which bears the same ratio to the aggregate number of Option Shares being purchased as the number of Underwritten Shares set forth opposite the name of such Underwriter in Schedule 1 hereto (or such number increased as set forth in Section 10 hereof) bears to the aggregate number of Underwritten Shares being purchased from the Company by the several Underwriters, subject, however, to such adjustments to eliminate any fractional Shares as the Representatives in their sole discretion shall make. The Underwriters may exercise the option to purchase Option Shares at any time in whole, or from time to time in part, on or before the thirtieth day following the date of the Prospectus, by written notice from the Representatives to the Company. Such notice shall set forth the aggregate number of Option Shares as to which the option is being exercised and the date and time when the Option Shares are to be delivered and paid for, which may be the same date and time as the Closing Date (as hereinafter defined) but shall not be earlier than the Closing Date nor later than the tenth full business day (as hereinafter defined) after the date of such notice (unless such time and date are postponed in accordance with the provisions of Section 10 hereof). Any such notice shall be given at least two business days prior to the date and time of delivery specified therein.

  • Purchase of the Securities On the Closing Date (as defined below), the Company shall issue and sell to the Buyer and the Buyer agrees to purchase from the Company the Securities as is set forth immediately below the Buyer’s name on the signature pages hereto.

  • SALE AND PURCHASE OF THE SALE SHARES 2.1 On and subject to the provisions of this Agreement, at Completion the Seller shall sell, and the Purchaser shall purchase, the Sale Shares free and clear from all Encumbrances, together with all rights attaching to them as at Completion, including any right to receive dividends, distributions or any return of capital declared, made or paid with effect from Completion.

  • Sale and Purchase of the Securities Upon the terms and subject to the conditions set forth in this Agreement and on the basis of the representations, warranties, covenants, agreements, undertakings and obligations contained herein, at the Closing (as defined in Section 2.1 hereof), Seller hereby agrees to sell to Purchaser, and Purchaser hereby agrees to purchase from Seller, the Securities, free and clear of any and all Liens (as defined in Section 8.11 hereof), for the consideration specified in this Article 1.

  • Purchase of Equipment For any equipment purchased in whole or in part with Grant Funds, if Grantor determines that Grantee has not met the conditions of 2 CFR 200.439, the costs for such equipment will be disallowed. Grantor must notify Grantee in writing that the purchase of equipment is disallowed.

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