Sales of Product. (a) With respect to any Product sold by the Borrower to any Eligible Off-Taker, the Borrower shall cause each Eligible Off-Taker that enters into an Export Contract with the Borrower, to (x) make payments in respect of the Export Contract Receivables resulting therefrom directly to the Collection Account Financial Institution, for credit to the Molca Collection Account and (y) deliver to the Administrative Agent evidence in substance and form satisfactory to the Administrative Agent that (A) an Irrevocable Instruction has been delivered by the Borrower to such Eligible Off-Taker, and (B) that such Eligible Off-Taker has acknowledged receipt of such Irrevocable Instruction, in each case to the extent that payment of the Export Contract Receivables associated with such Export Contract to the Molca Collection Account is required to comply with Section 6.5(a) and Section 6.5(f).
(b) The Borrower shall, on each date falling 45 days prior to any Interest Payment Date, (i) cause that the Export Contract Receivables associated with Irrevocable Instructions are in an amount required to comply Section 6.5(f) as of such date, and (ii) deliver to the Administrative Agent evidence in substance and form satisfactory to the Administrative Agent that (A) the Irrevocable Instructions associated with the Export Contract Receivables required to comply with Section 6.5(f) as of such date, have been delivered by the Borrower or Molino Americano, as applicable, to the relevant Eligible Off-Takers, and (B) that such Eligible Off-Takers have acknowledged receipt of such Irrevocable Instructions.
(c) In the event that the Borrower or any of its Subsidiaries receives amounts on account of payments by any Eligible Off-Taker in respect of any Export Contract Receivable associated with an Irrevocable Instruction, the Borrower shall, or shall cause such Subsidiary to, immediately transfer the aggregate amounts so received to the Molca Collection Account.
Sales of Product. (s)
2.1. Both Parties agree that the Product(s) shall be sold in accordance with the following steps:
(i) The Purchaser shall place Order through Bitmain’s website or through other methods accepted by Bitmain, and such Order shall constitute an irrevocable offer to purchase specific Product(s) from Bitmain.
(ii) After receiving the Order, Xxxxxxx will send an order receipt confirmation email to the Purchaser. The Purchaser’s Order will be valid for a period of twenty-four (24) hours after its placement, and upon expiration of such period, Bitmain will have the right to cancel the Order at its sole discretion if the Purchaser fails to pay the down payment in accordance with Appendix A of this Agreement.
(iii) The Purchaser shall pay the Total Purchase Price in accordance with Appendix A of this Agreement.
(iv) Upon receipt of the Total Purchase Price, Bitmain will provide a payment receipt to the Purchaser.
(v) Bitmain will send a shipping confirmation to the Purchaser after it has delivered the Product(s) to the carrier, and the Order shall be deemed accepted by Bitmain upon Bitmain’s issuance of the shipping confirmation.
2.2. Both Parties acknowledge and agree that the order receipt confirmation and the payment receipt shall not constitute nor be construed as Xxxxxxx’s acceptance of the Purchaser’s Order, but mere acknowledgement of the receipt of the Order and the Total Purchase Price.
2.3. Both Parties acknowledge and agree that in case of product unavailability, Bitmain shall have the right to cancel the Order after it has issued the order receipt confirmation, the payment receipt or the shipping confirmation without any penalty or liability.
2.4. The Purchaser acknowledges and confirms that the Order is irrevocable and cannot be cancelled by the Purchaser, and that the Product(s) ordered are neither returnable nor refundable. All sums paid by the Purchaser to Bitmain shall not be subject to any abatement, set-off, claim, counterclaim, adjustment, reduction, or defense for any reason. Down payment and payment of Total Purchase Price are not refundable, save as otherwise mutually agreed by the Parties.
Sales of Product. All business decisions relating to the sale, price, marketing and promotion of any Product supplied under this Agreement, shall be within the sole discretion of JJPI. Diametrics further agrees that (i) payment by JJPI to Diametrics of the Prices set forth in Section 2.03 hereof for purchased Product, (ii) satisfying the minimum order requirements, or paying the shortfall amount, in accordance with Section 2.08, and (iii) compliance with the Marketing Plan, or expenditure of the minimum marketing and clinical expenditures, in accordance with Section 2.11, shall constitute complete satisfaction of any duty, whether express or implied, which could be imposed upon JJPI to commercially exploit its rights under this Agreement and are accepted by Diametrics in lieu of any best efforts obligations on the part of JJPI, and the remedies for the failure to fulfill any such obligations shall be limited, as applicable, to loss of exclusivity, termination or the payment of the Price for purchased Product as expressly set forth herein.
Sales of Product. All *** distributed under this Agreement, shall be within the sole discretion of ***.
Sales of Product. Distributor must offer our product line within their line of products offered. Distributor must provide support and warranties of Hydra Shield brand and products and not mislead customers to believe Hydra Shield products are not available to them through said Distributor.
Sales of Product. MDI hereby agrees and undertakes to arrange for the sale to and distribution of the products through Wal-Mart, Sam’s Club, and ACE Hardware (corporate). All sales shall be pursuant to terms and conditions agreeable to SDRT.
Sales of Product. All business decisions relating to the sale, price, marketing and promotion of any Product supplied under this Agreement shall be within the sole discretion of CODMAN. Valley Forge further agrees that (i) payment by CODMAN to Valley Forge of the Prices set forth in Section 2.03 hereof for purchased Product, and (ii) satisfying the Minimum Dollar Purchase Obligations, or paying the shortfall amount, in accordance with Section 2.08, shall constitute complete satisfaction of any duty, whether express or implied, which could be imposed upon CODMAN to commercially exploit its rights under this Agreement and are accepted by Valley Forge in lieu of any best efforts obligations on the part of CODMAN, and the remedies for the failure to fulfill any such obligations shall be limited, as applicable, to loss of exclusivity, termination or the payment of the Price for purchased Product as expressly set forth herein.
Sales of Product. Party A will cause Jiangsu Zhongneng Polysilicon Technology Development Co., Ltd. to execute a long-term purchase contract with the Joint Venture. As a special agreement, Party B designates Zibo Xxx Xxx Chemistry Factory to provide Jiangsu Zhongneng Polysilicon Technology Development Co., Ltd. with trichlorosilane for at least 200 tons per month from January, 2008 and for at least 1,000 tons averagely (that is, 70% of Zibo Xxx Xxx Chemistry Factory’s total production capability of 21,000 tons) per month from the 1st of April. After Party B’s future development plan has been confirmed by the parties, Party A will cause Jiangsu Zhongneng Polysilicon Technology Development Co., Ltd. to conclude the long-term purchase contract with Xxx Xxx Chemistry Factory (with the specific sales contract to be concluded between Zibo Xxx Xxx Chemistry Factory and Jiangsu Zhongneng Polysilicon Technology Development Co., Ltd.).
Sales of Product. 4.01 All orders submitted to HYDROTECH for Products shall be in writing or confirmed in writing and signed by the Contractor. Contractor’s orders shall not be effective until filled by HYDROTECH or accepted in writing by HYDROTECH at its offices located in Montreal. HYDROTECH reserves the right to refuse any order for any reason whatsoever.
4.02 The amount of any present or future sales, revenue, excise or other taxes applicable to Products purchased by Contractor shall be added to the purchase price and shall be paid by Contractor or in lieu thereof Contractor shall provide HYDROTECH with a tax exemption certificate or other proof of tax exemption in a form applicable and acceptable to the relevant taxing authorities.
Sales of Product. Party A will cause Jiangsu Zhongneng Polysilicon Technology Development Co., Ltd. to execute a long-term purchase contract with the Joint Venture. As a special agreement, Party B designates Zibo Xxx Xxx Chemistry Factory to provide Jiangsu Zhongneng Polysilicon Technology Development Co., Ltd. with trichlorosilane for at least 200 tons per month from January, 2008 and for at least 1,000 tons averagely (that is, 70% of Zibo Xxx Xxx Chemistry Factory’s total production capability of
