The Purchaser to Arrange Feedstock Sample Clauses

The Purchaser to Arrange Feedstock. The Purchaser shall at its own cost arrange for the feedstock and consumables specified in the performance feedstock specifications set forth in Appendix 13 hereto to be delivered to the Biodiesel Project in reasonable and sufficient quantity in order to enable Contractor to perform start-up, commissioning and testing of the Biodiesel Project in accordance with the terms of this Contract and achieve the Final Performance Acceptance, provided that Contractor shall have given written notice to the Purchaser of the need for such feedstock at least 45 (forty five) days prior to the scheduled start-up if such scheduled date has been delayed from the date set forth in the original Programme. If such scheduled start-up date will occur earlier than originally scheduled, Contractor shall provide written notice of the need for such feedstock to the Purchaser at least 45 (forty five) days prior to the start-up date and the Purchaser will use its reasonable efforts to provide such feedstock and consumables earlier than scheduled. Notwithstanding the foregoing, any feedstock and consumables provided by the Purchaser under this Clause 11.8 in connection with the repetition of any Test on Completion (in excess of three retests) after the achievement of Final Performance Acceptance to demonstrate the Final Performance Acceptance, to the extent such repetition of any Test on Completion is required for any reason attributable to Contractor, shall be provided by the Purchaser at the expense of Contractor to the extent the Purchaser cannot recover the cost of such feedstock by sale of Biodiesel and/or Glycerin produced. Contractor shall reimburse the Purchaser for any such unrecoverable costs of any such excess feedstock and consumables for such tests within 14 (fourteen) days after receipt of Purchaser's invoice therefor, along with all supporting documentation, failing which the Purchaser shall be entitled to set off or deduct such costs from monies due or to become due to the Contractor under the Contract.
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Related to The Purchaser to Arrange Feedstock

  • Purchaser Deliveries At the Closing, Purchaser shall deliver to Seller:

  • Conditions Applicable to All Sale and Purchase Transactions (a) Any transaction effected under this Article XII or in connection with the acquisition, disposition or substitution of any Asset shall be conducted on an arm’s length basis and, if effected with an Affiliate of the Collateral Manager (or with an account or portfolio for which the Collateral Manager or any of its Affiliates serves as investment adviser), shall be effected in accordance with the requirements of Section 5 of the Collateral Management Agreement on terms no less favorable to the Issuer than would be the case if such Person were not an Affiliate of the Collateral Manager; provided that the Trustee shall have no responsibility to oversee compliance with this clause (a) by the other parties. Any sale of a Collateral Obligation or an Equity Security (other than a Substitute Collateral Obligation) to the Collateral Manager, an Affiliate of the Collateral Manager or an Affiliate of the Issuer shall be at a purchase price at least equal to the current Fair Market Value of such Collateral Obligation or Equity Security and certified by the Collateral Manager to the Trustee.

  • Closing Deliveries of Buyer At or prior to the Closing, Buyer shall deliver, or cause to be delivered, the following:

  • Purchaser Deliverables Such Purchaser shall have delivered its Purchaser Deliverables in accordance with Section 2.2(b).

  • Contract Purchase Price The amount actually paid or allocated in respect of the purchase, development, construction or improvement of an Asset, or the amount of funds advanced with respect to a Mortgage, exclusive of Acquisition Fees and Acquisition Expenses.

  • Buyer Deliveries At the Closing the Buyer shall deliver to the Company the Purchase Price.

  • Acknowledgment Regarding Purchasers’ Purchase of Shares The Company acknowledges and agrees that each of the Purchasers is acting solely in the capacity of an arm’s length purchaser with respect to the Transaction Documents and the transactions contemplated thereby. The Company further acknowledges that no Purchaser is acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to the Transaction Documents and the transactions contemplated thereby and any advice given by any Purchaser or any of their respective representatives or agents in connection with the Transaction Documents and the transactions contemplated thereby is merely incidental to the Purchasers’ purchase of the Shares. The Company further represents to each Purchaser that the Company’s decision to enter into this Agreement and the other Transaction Documents has been based solely on the independent evaluation of the transactions contemplated hereby by the Company and its representatives.

  • The Purchase Price Notwithstanding the termination of the Option, Grantee will be entitled to exercise its rights under this Section 6(c) if it has exercised such rights in accordance with the terms hereof prior to the termination of the Option.

  • Closing Deliveries of Purchaser At the Closing, Purchaser shall deliver to Seller:

  • Post-Closing Purchase Price Adjustment (a) As promptly as practicable, but in no event later than ninety (90) days following the date of the Applicable Closing, Parent shall prepare and deliver to SunGard Data a statement (the “Post-Closing Statement”), certified by the chief financial officer of Parent and accompanied by reasonable supporting detail, setting forth the Closing Net Working Capital, the Company Transaction Fees and Expenses and the Merger Consideration, including, in each case, the calculation thereof in reasonable detail. The calculations set forth in the Post-Closing Statement shall be final and binding on all Parties unless SunGard Data gives Parent written notice of its objections thereto (an “Objection Notice”), with reasonable supporting detail as to each such objection (each, a “Post-Closing Calculation Objection”), within forty-five (45) days after receipt of the Post-Closing Statement (the “Objection Period”). In the event SunGard Data fails to give Parent an Objection Notice prior to the expiration of the Objection Period or otherwise earlier notifies Parent in writing that SunGard Data has no objections to the calculations set forth in the Post-Closing Statement, the Post-Closing Statement shall be deemed final and binding on all Parties hereto, and all payments to be made in accordance with Section 3.4(d) shall be derived therefrom. Any component of the calculations set forth in the Post-Closing Statement that is not the subject of a timely delivered Objection Notice by SunGard Data shall be final and binding on all Parties except to the extent such component could be affected by other components of the calculations set forth in the Post-Closing Statement. Throughout the period following the Closing Date until the components of the calculations set forth in the Post-Closing Statement are deemed final and binding pursuant to this Section 3.4, subject to Section 7.21, Parent shall permit SunGard Data and its Representatives reasonable access (with the right to make copies), during business hours upon reasonable advance notice, to the financial books and records of the Surviving Corporation and its Subsidiaries for the purposes of the review and objection right contemplated herein.

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