Common use of Suppliers; Customers Clause in Contracts

Suppliers; Customers. (a) Sellers have provided to Buyer a true, correct and complete list setting forth the names and addresses of the ten (10) largest suppliers to the Companies and the Company Subsidiaries of raw materials, supplies or other products or services (based on expenditures) during the twelve-month period ended December 31, 2011. During the twelve-month period ended on the date hereof, none of the Companies or the Company Subsidiaries have received any written notice from any such supplier that such supplier has terminated or cancelled, or will terminate or cancel, its business relationship with such Company or the Company Subsidiaries, as applicable, or will reduce by more than 50% the dollar amount of sales to such Company or Company Subsidiary or increase by more than 50% the price charged by such supplier. (b) Sellers have provided to Buyer a true, correct and complete list setting forth the names and addresses the ten (10) largest customers that ordered goods or services from the Companies and the Company Subsidiaries (based on revenue) during the twelve-month period ended December 31, 2011. During the twelve-month period ending on the date hereof, none of the Companies or the Company Subsidiaries have received any written notice from any such customer that any such customer has terminated or cancelled, or will terminate or cancel, its business relationship with any of the Companies or the Company Subsidiaries or will reduce the annual volume of products or services purchased from such Company or Company Subsidiary by more than 50%.

Suppliers; Customers. (a) Sellers have ED&F has provided to Buyer Parent a true, correct and complete list setting forth the names and addresses of the ten (10) largest suppliers to each of the Companies Bulk Liquid Storage Business and the Company Subsidiaries Feed Distribution Business of raw materials, supplies or other products or services (based on expenditures) during the twelve-month period ended December August 31, 20112008 and the dollar amount of purchases by the Transferred Companies with respect to each such supplier during such period. During the twelve-month period ended ending on the date hereof, none of the Companies or the no Transferred Company Subsidiaries have has received any written notice from any such supplier that such supplier has terminated or cancelled, or will terminate or cancel, its business relationship with such any Transferred Company or the Company Subsidiaries, as applicable, or will reduce by more than 50% the dollar amount of sales to such Transferred Company or Company Subsidiary or increase by more than 50% the price charged by such supplier. To ED&F’s Knowledge, no such supplier has filed for or is threatened with bankruptcy, insolvency or dissolution or any similar proceedings. (b) Sellers have ED&F has provided to Buyer Parent a true, correct and complete list setting forth (i) the names and addresses of (x) the ten (10) largest customers that ordered goods or services from the Transferred Companies in connection with the Bulk Liquid Storage Business and (y) the Company Subsidiaries five largest customers that ordered goods or services from the Transferred Companies in connection with the Feed Distribution Business, in each case individually or in the aggregate (based on revenue) ), during the twelve-month period ended December August 31, 20112008 and (ii) the dollar amount sold by the Transferred Companies to such customers during such period. During the twelve-month period ending on the date hereof, none of the Companies or the no Transferred Company Subsidiaries have has received any written notice from any such customer that any such customer has terminated or cancelled, or will terminate or cancel, its business relationship with any of the Companies or the Transferred Company Subsidiaries or will reduce the annual volume of products or services purchased from such Transferred Company or Company Subsidiary by more than 50%. To ED&F’s Knowledge, no such customer has filed for or is threatened with bankruptcy, insolvency or dissolution or any similar proceedings.

Suppliers; Customers. (a) Sellers have Seller has provided to Buyer Parent a true, complete and correct and complete list setting forth (i) the names and addresses of the ten (10) largest suppliers of goods or services to the Companies and the Company Subsidiaries Seller Entities that a Seller Entity has paid in excess of raw materials, supplies or other products or services (based on expenditures) $250,000 during the twelve-month period ended December 31, 20112015 and the dollar amount of such goods or services purchased by the Seller Entities with respect to each such supplier during such period. During the twelve-month period ended ending on the date hereof, none of the Companies or the Company Subsidiaries have no Seller Entity has received any written notice from any such supplier that any such supplier has terminated or cancelled, or will terminate or cancel, its business relationship with such Company or the Company Subsidiaries, as applicable, Seller Entity or will reduce the annual volume of goods or services sold or provided to such Seller Entity by more than 50% 10%. To Seller’s Knowledge as of the dollar amount of sales to date hereof, no such Company supplier has filed for or Company Subsidiary is threatened with bankruptcy, insolvency or increase by more than 50% the price charged by such supplierdissolution or any similar proceedings. (b) Sellers have Seller has provided to Buyer Parent a true, complete and correct and complete list setting forth the names and addresses of the ten five (105) largest customers that ordered goods or to which the Seller Entities provided services from the Companies and the Company Subsidiaries (based on revenue) during the twelve-month period ended December 31, 20112015 and the dollar amount of such services sold by the Seller Entities to such customers during such period. During the twelve-month period ending on the date hereof, none of the Companies or the Company Subsidiaries have no Seller Entity has received any written notice from any such customer that any such customer has terminated or cancelled, or will terminate or cancel, its business relationship with any of the Companies or the Company Subsidiaries such Seller Entity or will reduce the annual volume of products goods or services purchased from such Company or Company Subsidiary Seller Entity by more than 5010%. To Seller’s Knowledge as of the date hereof, no such customer has filed for or is threatened with bankruptcy, insolvency or dissolution or any similar proceedings.

Suppliers; Customers. (a) Sellers have Seller has provided to Buyer Parent a true, correct and complete list setting forth (i) the names and addresses of the ten (10) twenty largest suppliers of goods or services to the Companies and the Company Subsidiaries of raw materials, supplies or other products or services (based on expenditures) Seller Entities during the twelve-month period ended December 31, 20112011 and the dollar amount of such goods or services purchased by the Seller Entities with respect to each such supplier during such period. During the twelve-month period ended ending on the date hereof, none of the Companies or the Company Subsidiaries have no Seller Entity has received any written notice from any such supplier that any such supplier has terminated or cancelled, or will terminate or cancel, its business relationship with such Company or the Company Subsidiaries, as applicable, Seller Entity or will reduce the annual volume of goods or services sold or provided to such Seller Entity by more than 50% 10%. To Sellers' Knowledge as of the dollar amount of sales to date hereof, no such Company supplier has filed for or Company Subsidiary is threatened with bankruptcy, insolvency or increase by more than 50% the price charged by such supplierdissolution or any similar proceedings. (b) Sellers have Seller has provided to Buyer Parent a true, correct and complete list setting forth (i) the names and addresses of the ten (10) twenty largest customers that ordered goods or services from the Companies and the Company Subsidiaries (based on revenue) Seller Entities during the twelve-month period ended December 31, 20112011 and (ii) the dollar amount of such goods or services sold by the Seller Entity to such customers during such period. During the twelve-month period ending on the date hereof, none of the Companies or the Company Subsidiaries have no Seller Entity has received any written notice from any such customer that any such customer has terminated or cancelled, or will terminate or cancel, its business relationship with any of the Companies or the Company Subsidiaries such Seller Entity or will reduce the annual volume of products goods or services purchased from such Company or Company Subsidiary Seller Entity by more than 5010%. To Sellers' Knowledge as of the date hereof, no such customer has filed for or is threatened with bankruptcy, insolvency or dissolution or any similar proceedings.

Suppliers; Customers. (a) Sellers have Seller has provided to Buyer Parent a true, correct and complete list setting forth (i) the names and addresses of the ten (10) twenty largest suppliers of goods or services to the Companies and the Company Subsidiaries of raw materials, supplies or other products or services (based on expenditures) Seller Entities during the twelve-month period ended December 31, 20112011 and the dollar amount of such goods or services purchased by the Seller Entities with respect to each such supplier during such period. During the twelve-month period ended ending on the date hereof, none of the Companies or the Company Subsidiaries have no Seller Entity has received any written notice from any such supplier that any such supplier has terminated or cancelled, or will terminate or cancel, its business relationship with such Company or the Company Subsidiaries, as applicable, Seller Entity or will reduce the annual volume of goods or services sold or provided to such Seller Entity by more than 50% the dollar amount of sales to 10%. To Seller’s Knowledge, no such Company supplier has filed for or Company Subsidiary is threatened with bankruptcy, insolvency or increase by more than 50% the price charged by such supplierdissolution or any similar proceedings. (b) Sellers have Seller has provided to Buyer Parent a true, correct and complete list setting forth (i) the names and addresses of the ten twenty largest suppliers of goods or services to the (10i) the names and addresses of the twenty largest customers that ordered goods or services from the Companies and the Company Subsidiaries (based on revenue) Seller Entities during the twelve-month period ended December 31, 20112011 and (ii) the dollar amount of such goods or services sold by the Seller Entity to such customers during such period. During the twelve-month period ending on the date hereof, none of the Companies or the Company Subsidiaries have no Seller Entity has received any written notice from any such customer that any such customer has terminated or cancelled, or will terminate or cancel, its business relationship with any of the Companies or the Company Subsidiaries such Seller Entity or will reduce the annual volume of products goods or services purchased from such Company or Company Subsidiary Seller Entity by more than 5010%. To Seller’s Knowledge, no such customer has filed for or is threatened with bankruptcy, insolvency or dissolution or any similar proceedings.

Suppliers; Customers. (a) Sellers have provided to Buyer Section 4.25(a) of the Disclosure Schedules sets forth a true, complete and correct and complete list setting forth of the names and addresses of the ten suppliers (10not including Parent and its Affiliates) largest suppliers to the Companies and the Company Subsidiaries of raw materials, supplies or other products goods or services (based on expenditures) to Target that Target has paid in excess of $15,000 during the twelve-month period ended December 31, 20112016 and the dollar amount of such goods or services purchased by Target with respect to each such supplier during such period. During the twelve-month period ended ending on the date hereof, none of the Companies or the Company Subsidiaries have Target has not received any written notice from any such supplier that any such supplier has terminated or cancelled, or will terminate or cancel, its business relationship with such Company or the Company Subsidiaries, as applicable, Target or will reduce the annual volume of goods or services sold or provided to Target by more than 50% 10%. To Target’s Knowledge as of the dollar amount of sales to date hereof, no such Company supplier has filed for or Company Subsidiary is threatened with bankruptcy, insolvency or increase by more than 50% the price charged by such supplierdissolution or any similar proceedings. (b) Sellers have provided to Buyer Section 4.25(b) of the Disclosure Schedules sets forth a true, complete and correct and complete list setting forth of the names and addresses of the ten (10) largest customers that ordered goods Merchant Accounts which Target has sold or facilitated the provision of services from the Companies and the Company Subsidiaries (based on revenue) during the twelve-month period ended December 31, 20112016 and the dollar amount paid or payable to Target with respect to such Merchant Accounts during such period. During the twelve-month period ending on the date hereof, none of the Companies or the Company Subsidiaries have Target has not received any written notice from with respect to any such customer Merchant Account that any such customer Merchant Account has terminated or cancelled, or will terminate or cancel, its business relationship with any of the Companies or the Company Subsidiaries Target or will reduce the annual volume of products goods or services purchased from such Company sold by or Company Subsidiary through Target by more than 5010%. To Target’s Knowledge as of the date hereof, no Merchant for any such Merchant Accounts has filed for or is threatened with bankruptcy, insolvency or dissolution or any similar proceedings.

Suppliers; Customers. (a) Sellers have ED&F has provided to Buyer Parent a true, correct and complete list setting forth the names and addresses of the ten (10) largest suppliers to each of the Companies Bulk Liquid Storage Business and the Company Subsidiaries Feed Distribution Business of raw materials, supplies or other products or services (based on expenditures) during the twelve-month period ended December August 31, 20112008 and the dollar amount of purchases by the Transferred Companies with respect to each such supplier during such period. During the twelve-month period ended ending on the date hereofOriginal Agreement Date, none of the Companies or the no Transferred Company Subsidiaries have has received any written notice from any such supplier that such supplier has terminated or cancelled, or will terminate or cancel, its business relationship with such any Transferred Company or the Company Subsidiaries, as applicable, or will reduce by more than 50% the dollar amount of sales to such Transferred Company or Company Subsidiary or increase by more than 50% the price charged by such supplier. To ED&F's Knowledge, no such supplier has filed for or is threatened with bankruptcy, insolvency or dissolution or any similar proceedings. (b) Sellers have ED&F has provided to Buyer Parent a true, correct and complete list setting forth (i) the names and addresses of (x) the ten (10) largest customers that ordered goods or services from the Transferred Companies in connection with the Bulk Liquid Storage Business and (y) the Company Subsidiaries five largest customers that ordered goods or services from the Transferred Companies in connection with the Feed Distribution Business, in each case individually or in the aggregate (based on revenue) ), during the twelve-month period ended December August 31, 20112008 and (ii) the dollar amount sold by the Transferred Companies to such customers during such period. During the twelve-month period ending on the date hereofOriginal Agreement Date, none of the Companies or the no Transferred Company Subsidiaries have has received any written notice from any such customer that any such customer has terminated or cancelled, or will terminate or cancel, its business relationship with any of the Companies or the Transferred Company Subsidiaries or will reduce the annual volume of products or services purchased from such Transferred Company or Company Subsidiary by more than 50%. To ED&F's Knowledge, no such customer has filed for or is threatened with bankruptcy, insolvency or dissolution or any similar proceedings.

Suppliers; Customers. (a) Sellers have Seller has provided to Buyer Parent a true, correct and complete list setting forth (i) the names and addresses of the ten (10) largest suppliers of goods or services to the Companies and the Company Subsidiaries of raw materials, supplies or other products or services (based on expenditures) Seller Entities during the twelve-month period ended December 31, 20112011 and the dollar amount of such goods or services purchased by the Seller Entities with respect to each such supplier during such period. During the twelve-month period ended ending on the date hereof, none of the Companies or the Company Subsidiaries have no Seller Entity has received any written notice from any such supplier that any such supplier has terminated or cancelled, or will terminate or cancel, its business relationship with such Company or the Company Subsidiaries, as applicable, Seller Entity or will reduce the annual volume of goods or services sold or provided to such Seller Entity by more than 50% 10%. To Sellers’ Knowledge as of the dollar amount date of sales to this Agreement, no such Company supplier has filed for or Company Subsidiary is threatened with bankruptcy, insolvency or increase by more than 50% the price charged by such supplierdissolution or any similar proceedings. (b) Sellers have Seller has provided to Buyer Parent a true, correct and complete list setting forth (i) the names and addresses of the ten (10) largest customers (based on volume of transactions processed) that ordered goods or services from the Companies and the Company Subsidiaries (based on revenue) Seller Entities during the twelve-month period ended December 31, 20112011 and (ii) the dollar amount of such goods or services sold by the Seller Entity to such customers during such period. During the twelve-month period ending on the date hereof, none of the Companies or the Company Subsidiaries have no Seller Entity has received any written notice from any such customer that any such customer has terminated or cancelled, or will terminate or cancel, its business relationship with any of the Companies or the Company Subsidiaries such Seller Entity or will reduce the annual volume of products goods or services purchased from such Company or Company Subsidiary Seller Entity by more than 5010%. To Sellers’ Knowledge as of the date of this Agreement, no such customer has filed for or is threatened with bankruptcy, insolvency or dissolution or any similar proceedings.

Suppliers; Customers. (a) Sellers have provided to Buyer a true, correct and complete list setting Schedule 3.27(a) sets forth the names and addresses of the top ten (10) largest suppliers end customers of the Company and its Subsidiaries and the distributor for each such end customer (any such customer or distributor, a “Top Customer/Distributor”) (in terms of total recognized revenue) during each of (i) the fiscal year ended November 30, 2014 and (ii) the five months ended April 30, 2015. As of the date of this Agreement, other than as indicated on Schedule 3.27(a), no Top Customer/Distributor listed in Schedule 3.27(a) has (i) canceled, suspended, terminated or otherwise materially reduced its relationship with the Company or any of its Subsidiaries or (ii) received or claimed any credit, offset or payment for a failure by the Company or any Subsidiary to meet its commitments under its agreement with such Top Customer/Distributor. Neither the Company nor any Subsidiary has received written or, to the Companies and Company’s knowledge, other notice that any such Top Customer/Distributor intends to cancel, suspend or terminate its relationship with the Company or any of its Subsidiaries of raw materials, supplies or other products otherwise materially reduce or services (based on expenditures) during the twelve-month period ended December 31, 2011. During the twelve-month period ended on the date hereof, none of the Companies or modify its relationship with the Company or any of its Subsidiaries have received any written notice from any such supplier that such supplier has terminated or cancelled, or will terminate or cancel, (including its intent to reduce its business relationship with such or adversely change the terms upon which it pays for services from the Company or the Company any of its Subsidiaries, as applicable, or will reduce by more than 50% the dollar amount of sales to such Company or Company Subsidiary or increase by more than 50% the price charged by such supplier). (b) Sellers have provided to Buyer a true, correct and complete list setting Schedule 3.27(b) sets forth the names and addresses the top ten (10) largest customers suppliers to the Company and its Subsidiaries (in terms of expenditures) during each of (i) the fiscal year ended November 30, 2014 and (ii) the five (5) months ended April 30, 2015. No supplier listed on Schedule 3.27(b) has canceled, suspended, terminated or otherwise materially reduced its relationship with the Company or any of its Subsidiaries. Neither the Company nor any of its Subsidiaries has received written or, to the Company’s knowledge, other notice that ordered any such vendor intends to cancel, suspend or terminate its relationship with the Company or any of its Subsidiaries or otherwise materially reduce or modify its relationship with the Company or any of its Subsidiaries (including its intent to increase its pricing or reduce its discounts for the Company or any Subsidiary thereof, to curtail its accommodations, sales or scope of service to the Company or any Subsidiary thereof or to adversely change the terms upon which it sells goods or services from the Companies and to the Company Subsidiaries (based on revenue) during the twelve-month period ended December 31, 2011. During the twelve-month period ending on the date hereof, none of the Companies or the Company Subsidiaries have received any written notice from any such customer that any such customer has terminated or cancelled, or will terminate or cancel, its business relationship with any of the Companies or the Company Subsidiaries or will reduce the annual volume of products or services purchased from such Company or Company Subsidiary by more than 50%thereof).