Right to Expand Capacity Sample Clauses

Right to Expand Capacity. (a) If the market size of the Primary Field has expanded by at least an Incremental Market Increase after the Effective Date (excluding any expansion of production by the Company), as stated in an official publication of the U.S. Department of Agriculture and/or Oil World (reported as the usage of palm kernel oil in Brazil), and SB Oils generated a Return on Equity greater than * for the preceding 12-month period, then either Notice Party may provide the Company with an “Expansion Notice” that requests a new Plant to be built, or an existing Plant to be expanded, with a capacity (or expanded capacity) of at least 50,000 MT/year; * Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. provided, however, that a Party may not provide an Expansion Notice until *. This right to provide an Expansion Notice shall apply once for the period between the Effective Date and *. Thereafter, this right shall apply to each Incremental Market Increase in excess of the last date that a Party gave an Expansion Notice; provided, however, that the size of the new Plant to be built (or Plant expanded) has a nominal rated capacity of at least * and the incremental increase in the size of the Primary Field is at least * the size of the nominal rated capacity of the proposed new Plant (or proposed expanded capacity). (b) Upon receiving an Expansion Notice that accurately references the applicable U.S. Department of Agriculture and/or Oil World publication (reported as the usage of palm kernel oil in Brazil) as confirming that the market size of the Primary Field has expanded as provided above, the Board will determine within * after receiving the Expansion Notice (the “Election Period”) whether SB Oils should attempt to expand its production capacity a commercially reasonable amount, taking into account actual and anticipated customer demands, profitability, and other relevant commercial factors. (c) If the Board determines within the Election Period that SB Oils will attempt to expand such capacity, then the Board will, subject to Section 6.5, make one or more of the following determinations: (i) The JV Companies will fund the expansion in whole or in part from their own retained capital. (ii) The JV Companies will seek Third-Party debt financing to fund all or part of the expansion. (iii) The JV Companies will seek capital contributions fr...
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Related to Right to Expand Capacity

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  • Owner’s Right to Stop Work The Owner reserves the right, for itself and for any designated Construction Inspector retained by Owner, upon observation of apparent nonconforming Work, to immediately stop the affected Work. If the Work is later determined by the Design Professional to be in fact conforming Work, then Contractor shall be entitled upon timely claim to a Change Order for payment by Owner of any reasonable Actual Costs actually incurred by Contractor in connection with the stop Work order and resumption of the Work, as well as an extension in the time for performance of the Work to the extent Contractor is delayed by Owner's stop Work order. The Design Professional shall determine the time, which shall be binding upon both Owner and Contractor, as set forth in Section 3, Part 3.

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