Railcars. Producer will provide at its cost and expense all railcars required for Gavilon to deliver the Product sold hereunder. Consequently, railcar lease costs will not be included in Logistics Costs. In the event Producer experiences a shortage of railcars, Gavilon will sublease, on a monthly basis, such railcars as it may have available upon request by Producer. The monthly sublease charges will be based on market value (values proposed by Gavilon and accepted by Producer) lease costs and will be deducted from amounts otherwise payable by Gavilon to Producer.
Railcars. Each Railcar shown as an Eligible Railcar on the Monthly Report most recently delivered to the Agent and the Lenders in accordance with Section 6.01(f) was an Eligible Railcar as of the date of such Monthly Report.
Railcars. As of the Transfer Date of each Transferred Railcar, such Transferred Railcar (A) materially conforms with the specifications contained in each applicable Independent Appraisal, (B) has a fair market value not less than its Purchase Price, (C) is marked with the railroad equipment number (also known as the running number) as noted on Schedule A to the applicable Xxxx of Sale and at no time since its manufacture has such Transferred Railcar been identified by any other railroad equipment number, (D) has not been substantially refurbished or rebuilt, excluding normal repairs in the ordinary course of maintenance, (E) is in good order and repair, ordinary wear and tear excepted, (F) is in compliance with all Applicable Laws (including applicable Interchange Rules of the AAR) governing the use and maintenance thereof, (G) is in material compliance with manufacturer’s warranties (to the extent such warranties are or should be then available other than due to the passage of time) and (H) is an Eligible Railcar.
Railcars. Receive ethanol, petroleum and/or other oil products agreed to by the customer at receipt points identified by the customer. Load, or cause to be loaded, into rail cars, at the applicable delivery points identified by the customer, the volumes of product nominated by the customer. Transport ethanol, petroleum and/or other oil products identified by the customer to applicable delivery points identified by the customer via rail cars. Maintain, clean, repair, and when necessary, replace components of the rail cars so that they function at a level consistent with industry standards. Perform inspections and otherwise monitor the equipment in service. Store rail cars. Schedule the use of rail cars, including arrivals and departures of rail cars from the loading point and the actual hauling of rail cars from the loading point to its destination and obtain additional rail cars if necessary on a spot basis. Manage and track the movement of rail cars. Negotiate and maintain transportation contracts with third-party locomotive and rail track operators, and schedule and monitor cross-country travel with such third party locomotive and rail track operators. Obtain permits, and otherwise satisfy regulatory and other legal requirements, necessary to continue the use of the rail cars. Negotiate for and source leased rail cars. Perform administrative and billing services associated with the use of rail cars.
Railcars. (a) As of each date delivered to the BancShares Parties, the following information with respect to any Railcar assets owned or leased (as lessee) by or on behalf of CIT and its Subsidiaries: (i) the Association of American Railroads’ car code; (ii) the contract identification number; (iii) the car xxxx and number; (iv) the name of the legal entity owning the Railcar assets; (v) the monthly base rent; (vi) the expiration date; (vii) active or idle status; (viii) the lease maintenance type; (xi) the build date; (x) tank car qualification status; and (xi) the gross rail load (the “Railcar Information”) set forth in one or more computer disks, computer tapes or other computer formats delivered to the BancShares Parties (the “Railcar Tape”) is true, correct, and complete in all material respects. As used in this Agreement, the term “Railcar” shall mean any locomotive or railcar, whether powered or unpowered.
(b) Set forth on Section 3.31(b) of the CIT Disclosure Schedule is a true, correct, and complete list of all outstanding purchase orders or other commitments to or with any manufacturer or any other person and made by CIT or any of its Subsidiaries to purchase Railcars.
(c) Subject to Permitted Encumbrances and except as would not, individually or in the aggregate, be material to CIT and its Subsidiaries taken as a whole, CIT and its Subsidiaries own or lease (as lessee) and have good and valid title to all of the Railcars owned or leased (as lessee) by or on behalf of CIT and its Subsidiaries that were listed on the Railcar Tape (as updated pursuant to Section 6.18), other than Railcars (or interests therein) owned or leased (as lessee) by or on behalf of CIT and its Subsidiaries that were (i) sold, transferred or otherwise disposed of as obsolete, worn out or scrapped as economically unviable, or otherwise due to having suffered a casualty event, in each case in the ordinary course of business or (ii) sold or transferred as the result of the exercise of early buy-outs and purchase option rights exercised by Railcar Lessees under Railcar Lease Agreements in the ordinary course in accordance with the terms of such Lease Agreement.
(d) As of the Effective Time, other than with respect to Railcars where the lessor has permitted the lessee to include the lessee’s own reporting marks on such Railcars, CIT and its Subsidiaries shall have all rights to use the railroad reporting marks embodied in, used by, attached to or otherwise used in connection with the Rail...
Railcars. The railcars owned or leased by the Borrower or any of the Guarantors that are Domestic Subsidiaries of the Borrower and employed by the Borrower or any of the Guarantors that are Domestic Subsidiaries of the Borrower in the conduct of their business, including, without limitation, boxcars, gondolas, covered hoppers, open top hoppers, auto racks, flatcars, intermodal cars, Tank Railcars and other general purpose railcars. RCRA. See §7.18.1.
Railcars. Subject to and in accordance with Section 7.13 of the SPA (as applicable), during the Transition Term of this Agreement, VMSC will maintain the railcars it leases in connection with the transportation of Propane/Propylene from the Refinery (the “Propylene Railcars”) in accordance with the terms of such leases. At the end of the Transition Term of the Agreement VMSC will assign (subject to any applicable restrictions or limitation applicable to such assignment and provided that VMSC shall exercise its commercially reasonable efforts to overcome any such restrictions or limitations) and Seller will accept the assignment of the Propylene Railcars to Seller. If the lease of any Propylene Railcar expires during the Transition Term of the Agreement, VMSC will use commercially reasonable efforts to renew the lease of such Propylene Railcar consistent with VMSC’s past practices; provided, however, that VMSC will seek Seller’s input regarding the terms of any such renewal and will try to incorporate the same into the renewal to the extent commercially reasonable; provided further, that VMSC shall have the right to renew the lease on any such Propylene Railcars on such terms that it deems commercially reasonable; and provided, further, that VMSC shall have no liability whatsoever to Seller or any of its Affiliates if VMSC is unable to renew the lease of a Propylene Railcar or if it is unable to find and lease a replacement railcar using commercially reasonable efforts.
Railcars. Each Portfolio Railcar was an Eligible Railcar as of the date of such Portfolio Railcar was added to the Portfolio.
Railcars. Each Railcar: (i) shown as an Eligible Railcar in the Funding Package was an Eligible Railcar on the Funding Date; and (ii) shown as an Eligible Railcar on the Monthly Report most recently delivered to the Agent and the Lenders in accordance with Section 6.01(f) was an Eligible Railcar as of the date of such Monthly Report.
Railcars. Must be made available for inspection and acceptance by NYCH's Mechanical Department, prior to being placed in service. When utilized for transport of containers of bulk non-hazardous waste, and containers are equipped with end doors, Railcars, which are not equipped with end-of-car cushioning, will not be accepted. Any private railcar, which has not been accepted by NYCH for transportation of non-hazardous waste, may require the successful completion of additional testing prior to receiving final approval. Such testing shall not be unreasonably delayed. If the Railcar meets all applicable regulations and the provisions of this Agreement, approval of the Railcar will not be unreasonably withheld. Railcars for Container service must be equipped with positive locking devices or curb restraints that meet AAR standards.
