Take or Pay Contracts. The Borrower will not enter into or be a party to any arrangement for the purchase of materials, supplies, other property or services if such arrangement by its express terms requires that payment be made by the Borrower regardless of whether such materials, supplies, other property or services are delivered or furnished to it.
Appears in 4 contracts
Samples: Credit Agreement (Carlisle Holdings LTD), Credit Agreement (Pinnacle Foods Inc), Credit Agreement (Lady Luck Gaming Corp)
Take or Pay Contracts. The No Borrower will not enter into or be a party to any arrangement for the purchase of materials, supplies, other property (including without limitation Hydrocarbons), or services if such arrangement by its express terms requires that payment be made by the such Borrower regardless of whether such materials, supplies, other property property, or services are delivered or furnished to it.
Appears in 3 contracts
Samples: Credit Agreement (American Rivers Oil Co /De/), Credit Agreement (Alliance Resources PLC), Credit Agreement (Alliance Resources PLC)
Take or Pay Contracts. The Borrower will not enter into or be a party to any arrangement for the purchase of materials, supplies, other property or services if such arrangement by its express terms requires that payment be made by the Borrower or such other Person regardless of whether such materials, supplies, other property or services are in fact or can be required to be delivered or furnished to it.
Appears in 2 contracts
Samples: Loan Agreement (Tropicana Las Vegas Hotel & Casino, Inc.), Loan Agreement (Tropicana Las Vegas Hotel & Casino, Inc.)
Take or Pay Contracts. The Borrower will not enter into or be a party to any arrangement contract for the purchase of merchandise, materials, supplies, supplies or other property or services if such arrangement by its express terms requires contract provides that payment for such merchandise, materials, supplies or other property shall be made by the Borrower regardless of whether delivery of such merchandise, materials, supplies, supplies or other property is ever made or services are delivered or furnished to ittendered.
Appears in 2 contracts
Samples: Credit Agreement (Morrison Fresh Cooking Inc /Ga), Credit Agreement (Morrison Restaurants Inc /Ga)
Take or Pay Contracts. The Neither Borrower will not enter into or be a party to any arrangement for the purchase of materials, supplies, other property or services if such arrangement by its express terms requires that payment be made by the such Borrower regardless of whether such materials, supplies, other property or services are delivered or furnished to it.
Appears in 1 contract
Samples: Credit Agreement (Cencom Cable Income Partners Ii L P)
Take or Pay Contracts. The Borrower will not enter into or be a party to any arrangement for the purchase of materials, supplies, other property or services if (i) such arrangement by its express terms requires that payment be made by the Borrower regardless of whether such materials, supplies, other property or services are delivered or furnished to itit and -104- 113 (ii) such arrangement would have a Material Adverse Effect on the Borrower or the Project.
Appears in 1 contract
Samples: Credit and Acceptance Agreement (Trigen Energy Corp)
Take or Pay Contracts. The Borrower will not enter into or be a party to any arrangement for the purchase of materials, supplies, other property or services if such arrangement by its express terms requires that payment be made by the Borrower it regardless of whether or not such materials, supplies, other property or services are delivered or furnished to it. For the avoidance of doubt, nothing in this Clause shall prohibit the Borrower from entering into any Price Protection Agreement.
Appears in 1 contract
