Sale of Pre-Commercial Quantities Sample Clauses

Sale of Pre-Commercial Quantities. (a) The Borrower shall be permitted to enter into LNG SPAs in respect of any LNG produced or to be produced by the LNG Facility prior to the Commercial Operation Date, which LNG SPAs may be of any duration, on any terms and to buyers of any credit quality; provided that: (i) the Required LNG SPAs are then in full force and effect; (ii) such LNG SPA has a term that ends no later than the day immediately preceding each of the Commercial Operation Date (as defined in each Initial LNG SPA); (iii) each buyer thereunder is instructed to pay the contract sales price to the Pre-Completion Revenues Account as required by Section 8.6 (Payment of LNG Sales Proceeds); (iv) the performance by the Borrower of its obligations under such LNG SPAs could not reasonably be expected to have a material adverse effect on the ability of the Borrower to perform its obligations under the Required LNG SPAs; (v) the entry into and the terms of such LNG SPA shall not result in a breach or default of any Required LNG SPA then in effect or the Impairment of any then-required material Permit; and (vi) delivery of LNG under such LNG SPA is on an FOB basis.
AutoNDA by SimpleDocs
Sale of Pre-Commercial Quantities. The Company shall be permitted to enter into LNG SPAs in respect of any LNG produced or to be produced by the LNG Facility prior to the Commercial Operation Date, which LNG SPAs may be of any duration, on any terms and to buyers of any credit quality; provided that, (a) the Required LNG SPAs are then in full force and effect; (b) any obligations in such LNG SPA with respect to the period occurring after the Commercial Operation Date satisfy Section 4.31; (c) the performance by the Company of its obligations under such LNG SPAs could not reasonably be expected to have a material adverse effect on the ability of the Company to perform its obligations under the Required LNG SPAs; and (d) the entry into and the terms of such LNG SPA shall not result in a breach or default of any Required LNG SPA then in effect or the Impairment of any then-required material Permit.

Related to Sale of Pre-Commercial Quantities

  • Insurance The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written.

  • Dimensions Education Bachelor’s or Master’s Degree in Computer Science, Information Systems, or other related field. Or equivalent work experience. A minimum of 5 years of IT work experience with demonstrated knowledge in architecture design, software development, database management systems and systems integration in multi-platform environments.

  • Definitions As used in this Agreement, the following terms shall have the following meanings:

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

  • Representations and Warranties Borrower represents and warrants as follows:

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • Amendments This Agreement may not be amended, modified or waived as to any particular provision, except by a written instrument executed by all parties hereto.

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!