Transfers and Dispositions. Material furnished to the Joint Property and Material transferred from the Joint Property or disposed of by the Operator, unless otherwise agreed to by the Parties, shall be on the following basis exclusive of cash discounts.
A. New Material (Condition A).
(1) Tubular Goods Other than Line Pipe.
(a) Tubular goods, sized 2-3/8 inches OD and larger, except line pipe, shall be priced at Eastern mill published carload base prices effective as of the date of movement plus transportation cost using the 80,000 pound carload weight basis to the railway receiving point nearest the Joint Property for which published rail rates for tubular goods exist. If the 80,000 pound rail rate is not offered, the 70,000 pound or 90,000 pound rail rate may be used. Freight charges for tubing will be calculated from Lorain, Ohio, and casing from Youngstown, Ohio.
(b) For grades which are special to one mill only, prices shall be computed at the mill base of that mill plus transportation cost form that mill to the railway receiving point nearest the Joint Property as provided above in Paragraph 2.A.(1)(a). For transportation cost from points other than Eastern xxxxx, the 30,000 pound Oil Field Haulers Association interstate truck rate shall be used.
(c) Macaroni tubing (size less than 2-3/8 inch OD) shall be priced at the lowest published out-of-stock prices f.o.
Transfers and Dispositions. Material furnished to the Joint Property and Material transferred from the Joint Property or disposed of by the Operator unless otherwise agreed to by the Parties, shall be priced on the following basis exclusive of cash discounts:
Transfers and Dispositions. It shall be an Event of Default if, without Lender’s prior written consent (which consent may be given or withheld for any or for no reason subject to such conditions as Lender may establish, in Lender’s discretion) a Disposition shall occur (other than a Permitted Disposition). For the purposes of the foregoing, each of the following shall be deemed a “Disposition”:
(a) a sale, conveyance, assignment, transfer, disposition or divesture of Borrower’s title to all or any part of the Property, or a conveyance of security title to the Property, in any manner, whether voluntary or involuntary; Domain at Tallahassee 34 Loan No. 00-1102733
(b) a Lease of all or a substantial part of the Property for other than actual occupancy by a tenant under a Lease or a sale, assignment or other transfer of, or the grant of a security in, Borrower’s right, title and interest in and to any Leases or Rents;
(c) a merger, consolidation, sale, transfer, assignment, liquidation, or dissolution involving (i) any or all of the assets of Borrower, or (ii) all or substantially all of the assets of Guarantor or any general partner, managing member or Controlling Interest of Borrower; or
(d) an assignment, transfer, pledge, voluntary or involuntary sale (or any of the foregoing at one time or over any period of time) of a Controlling Interest in Borrower or Guarantor, or in any entity which directly or indirectly holds a Controlling Interest in Borrower or Guarantor.
(e) the conversion of any general partner interest in Borrower to a limited partner interest if Borrower is a partnership;
(f) any change, removal, or resignation of any general partner of Borrower if Borrower is a partnership;
(g) any change, removal, addition or resignation of a manager or managing member of Borrower (or if no manager or managing member, any member) if Borrower is a limited liability company;
(h) except as expressly provided in Section 7.4, the creation or issuance of new stock by which an aggregate of more than 10% of a corporation that is the manager, managing member or general partner of Borrower shall be vested in a party or parties who are not shareholders as of the date of this Agreement;
(i) any change, removal, or resignation of any trustee of Borrower if Borrower is a trust;
(j) any change, removal, or resignation of any third party management company (investment advisor) previously approved by Lender to operate/manage the Borrower; or
(k) any financing (except as expressly provided in Section 4...
Transfers and Dispositions. Material furnished to the Joint Property and Material transferred from the Joint Property or disposed of by the Operator, unless otherwise agreed to by the Parties, shall be priced on the following basis, after deduction of all discounts received:
A. New Material (Condition A) At Operator’s election, to be made one time for the duration of this Agreement, Operator will consistently price new Material using either (1) the current replacement cost, in effect at date of movement, as provided by a reliable supply store nearest the Joint Property, or point of manufacture, or (2) Operator’s average cost of all identical material, in effect for the month at the time of movement, plus transportation costs, if applicable. At Operator’s election, to be made one time for the duration of this Agreement, Operator will consistently price unused new Material moved from the Joint Property using either (1) the current new price, in effect on date of movement, as listed by a reliable supply store nearest the Joint Property, or point of manufacture, or (2) the Average Cost plus transportation costs, if applicable.
B. Good Used Material (Condition B) Material in sound and serviceable condition and suitable for reuse without reconditioning:
(1) Material moved to the Joint Property shall be priced at seventy-five percent (75%) of the current new price, as determined in paragraph 3.2 A(1).
(2) Material used on or moved from the Joint Property:
(a) At seventy-five percent (75%) of current new price, as determined by paragraph 3.2 A(1), if Material was originally charged to the Joint Account as new Material or
(b) At sixty-five percent (65%) of current new price as determined by paragraph 3.2 A(1), if Material was originally charged to the Joint Account as used Material.
Transfers and Dispositions. Material furnished to the Facility from Operator's stock and Material transferred from the Facility or disposed of by the Operator, unless otherwise agreed to by the Parties, shall be priced on the following basis exclusive of cash discounts. Operator may also charge the Account with the cost of transporting such Material.
A. New Material (Condition A) * New Material shall be priced at [REDACTED]
B. Good Used Material (Condition B) Material in sound and serviceable condition and suitable for reuse without reconditioning:
(1) Material used on and moved from the Facility
(a) At [REDACTED], as determined by Paragraph A, if Material was originally charged to the Account as new 'Confidential Treatment Requested' Material or
(b) At [REDACTED], as determined by Paragraph A, if Material was originally charged to the Account as Condition B Material.
(2) Material not used on and moved from the Facility
(a) At [REDACTED], as determined by Paragraph A.
(b) The cost of reconditioning, if any, shall be absorbed by the property to which the Material is transferred.
C. Other Used Material
(1) Condition C Material which is not in sound and serviceable condition and not suitable for its original function until after reconditioning shall be priced at * [REDACTED] as determined by Paragraph A. The cost of reconditioning shall be charged to the Facility (if the Material is being transferred to the Facility), provided Condition C value plus cost of reconditioning does not exceed Condition B value.
(2) Condition D Material, excluding junk, no longer for its original purpose, but usable for some other purpose shall be priced on a basis commensurate with its use. Operator may dispose of Condition D Material under procedures normally used by Operator without prior approval of the Partnership.
(3) Condition E Junk shall be priced at prevailing prices. Operator may dispose of Condition E Material under procedures normally utilized by Operator without prior approval of the Partnership.
D. Obsolete Material Material which is serviceable and useable for its original function but condition and/or value of such Material is not equivalent to that which would justify a price as provided above may be specially priced as agreed to by the Parties. Such price should result in the Account being charged with the value of the service rendered by such Material. 'Confidential Treatment Requested'
E. Pricing Conditions
(1) Loading or unloading costs may be charged to the * Account at the rate of [RED...
Transfers and Dispositions. Material furnished to the Joint Property and Material transferred from the Joint Property or disposed of by the Operator, unless otherwise agreed to by the Parties, shall be priced on the following basis exclusive of cash discounts:
A. New Material (Condition A)
(1) Tubular Goods Other than Line Pipe COPAS-1986-OFFSHORE Recommended by the Council of Petroleum Accountants Societies
(a) Tubular goods, sized 2-3/8 inches OD and larger except line pipe, shall be priced at Eastern mill published carload base prices effective as of date of movement plus transportation cost using the 80,000 pound carload weight basis to the railway receiving point nearest the Joint Property for which published rail rates for tubular goods exist. If the 80,000 pound rail rate is not offered, the 70,000 pound or 90,000 pound rail rate may be used. Freight charges for tubing will be calculated from Lorain, Ohio and casing from Youngstown, Ohio.
(b) For grades which are special to one mill only, prices shall be computed at the mill base of that mill plus transportation cost from that mill to the railway receiving point nearest the Joint Property as provided above in Paragraph 2A.(l)(a). For transportation cost from points other than Eastern mills, the 30,000 pound Oil Field Haulers Assocxxxxxn interstate truck rate shall be used.
(c) Special end finish tubular goods shall be priced at the lowest published out-of-stock price, f.o.
Transfers and Dispositions. Material furnished to the Joint Property and Material transferred from the Joint Property or disposed of by the Operator, unless otherwise agreed to by the Parties, shall be priced on the following basis exclusive of cash discounts:
A. New Material (Condition A)
(1) Tubular Goods Other than Line Pipe
(a) Tubular goods, sized 2% inches OD and larger, except line pipe, shall be priced at Eastern mill published carload base prices effective as of date of movement plus transportation cost using the 80,000 pound carload weight basis to the railway receiving point nearest the Joint Property for which published rail rates for tubular goods exist. If the 80,000 pound rail rate is not offered, the 70,000 pound or 90,000 pound rail rate may be used. Freight charges for tubing will be calculated from Lorain, Ohio and casing from Youngstown, Ohio.
(b) For grades which are special to one mill only, prices shall be computed at the mill base of that mill plus transportation cost from that mill to the railway receiving point nearest the Joint Property as provided above in Paragraph 2.A.
Transfers and Dispositions. Material furnished to the Production Facilities Property and Material transferred from the Production Facilities Property or disposed of by the Operator, unless otherwise agreed to by the Operating Committee, shall be priced on the following basis exclusive of cash discounts:
Transfers and Dispositions. Material of a value exceeding TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) must not be transferred to the Joint Venture Property from a Party or from the Joint Venture Property to a Party without the prior written agreement of the other Parties. For the purposes of this provision, the term "Party" includes a related corporation of a Party. Material furnished to the Joint Venture Property and Material transferred from the Joint Venture Property or disposed of by the Manager, unless otherwise agreed to by the Parties, will be priced on the following basis exclusive of cash discounts:-
(A) New Material (Condition A)
(B) Good Used Material (Condition B)
(1) Material moved to the Joint Venture Property - at seventy-five per centum (75%) of current new price in effect at date of movement;
(2) Material moved from the Joint Venture Property:
(a) at seventy-five per centum (75%) of current new price in effect at date of movement if Material was originally charged to the Joint Account as new Material, or
(b) at sixty-five per centum (65%) of current new price in effect at date of movement if material was originally charged to the joint account as good used material at seventy-five per centum (75%) of current new price.
(C) Other Used Material (Condition C and D)
(1) Condition C
Transfers and Dispositions. Material of a value exceeding TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) must not be transferred to the Joint Venture Property from a Party or from the Joint Venture Property to a Party without the prior written agreement of the other Parties. For the purposes of this provision, the term "Party" includes a related corporation of a Party. Material furnished to the Joint Venture Property and Material transferred from the Joint Venture Property or disposed of by the Manager, unless otherwise agreed to by the Parties, will be priced on the following basis exclusive of cash discounts:-
