Facility Price definition

Facility Price. 5.16(a) “Financial Statements” 3.07(a) “Initial Closing Statement” 2.06(a) “IP License Agreement” Recitals “Key Supply Contracts” 3.19(b)

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Facility Price means the actual sale price UBE invoices its Buyers (the “UBE Buyer Actual Price”) minus a marketing fee, which shall be a percentage of the UBE Buyer Actual Price (the “Marketing Fee”) minus Execution Costs [F.O.B. Facility Price = the UBE Buyer Actual Price – the Marketing Fee – Execution Costs]. For purposes of pricing under this Agreement, if any UBE contracts have a marketing fee expressed as a flat fee, it shall be converted to a marketing fee expressed as a percentage by using the base price of Ethanol at $***** per gallon.

Facility Price means the actual sale price Provista invoices its Buyers (the “Provista Buyer Actual Price”) minus a marketing fee *** of the Provista Buyer Actual Price (the “Marketing Fee”) minus the Execution Costs; *** Provista will not instruct Customer to load any truck or rail car, and Customer shall not be obligated to load any truck or rail car, with any Ethanol Parcel at the Facility unless such Ethanol Parcel has been sold by Provista to Buyers, or to Provista for its own account, and a copy of a valid written invoice stating the sale price and destination has been executed. Provista agrees to use commercially reasonable efforts to achieve the highest resale price available under prevailing market conditions and to obtain the lowest charges in respect of Execution Costs in an effort to help Customer maximize its net price for the Ethanol delivered hereunder. Within five (5) business days following receipt of evidence by the Buyer of the volume of the Ethanol shipped in each Ethanol Parcel from Customer to Buyer, Provista shall pay Customer the F.O.B. Facility Price determined pursuant to this Agreement, by direct wire transfer or electronic transfer to the bank account designated by Customer from time to time. In the event that railcars of product do not arrive properly at the final destination location of consignment per the contractual sale, Provista will pay Customer within 20 days of the load date. Provista agrees to maintain accurate records including, but not * Portions omitted pursuant to a request for confidential treatment and filed separately with the SEC. limited to, sales, Execution Costs, insurance and inspection records and to provide such records to Customer upon request for the period set forth in Section III.Q. In addition to all other rights and remedies provided in this Agreement or by applicable law or equity, if Provista fails to pay all or any portion of any undisputed amount owing by it when due, such unpaid amount shall bear interest at a rate equal to one percent (1%) per annum above the Prime Rate (as defined below) calculated daily from and including the date such amount is due hereunder to but excluding the date it is actually paid. For purposes of this Agreement, “Prime Rate” shall be the prime commercial lending rate being from time to time published in the Money Rate Table of “The Wall Street Journal” as the prime rate of annual interest for the date of determination (or if the Money Rate Table is not published by “The Wall Street...

Examples of Facility Price in a sentence

• Payment of the Solar Facility Price by Sunrun to Contractor shall be pursuant the terms of the Master Solar Facility Turnkey Contract between Sunrun and Contractor then in effect.

• Contractor and Sunrun shall evaluate the Solar Facility Price at the Quarterly Review.

• Each of the Collateral Agent, the Surety, Triple- A and the L/C Bank and each of its respective Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Other Parties or any Affiliate of the Other Parties as though the Collateral Agent, the Surety, Triple-A or the L/C Bank were not the Collateral Agent, the Surety, Triple-A or the L/C Bank hereunder, respectively.

• The Parties may adjust the Solar Facility Price by mutual agreement at any time during the term of this Agreement.

• RPMG shall pay Producer for all Standard-Grade DDG and DDGS loaded into railcars and trucks and weighed at the Ethanol Facility for shipment to End Customers an amount equal to the F.O.B. Ethanol Facility Price per ton, with RPMG being entitled to retain its commission, with settlement weights as described in Section 4(d) of the Agreement.

• For all Oil sold by Producer to Marketer pursuant to this Agreement, Marketer shall pay to Producer the FOB Facility Price.

• In such event, Marketer shall be entitled to recover from Producer any and all reasonable out-of-pocket costs and expenses Marketer incurs in excess of the FOB Facility Price in connection with such purchase.

• Marketer shall pay Producer the FOB Facility Price within 10 calendar days after receipt by Marketer of a certified weight certificate for Oil shipped to a Buyer prepared in accordance with Section 2.12 of this Agreement.

• RPMG shall pay Producer for all Standard-Grade and Non-Standard Grade corn oil loaded into railcars and trucks and weighed at the Ethanol Facility for shipment to End Customers an amount equal to *** percent (***%) of the estimated F.O.B. Ethanol Facility Price per pound, with RPMG being entitled to retain its commission, with settlement weights as described in Section 4(d) of the Agreement.

• Cargill agrees to pay Producer for all Standard-Grade and Non-Standard-Grade DWG, MDWG, MDDG, and CDS loaded into railcars and trucks at the Facility and weighed for shipment to customers an amount equal to the F.O.B. Facility Price for such material minus $3.00 per ton with Cargill entitled to retain such $3.00 per ton as its commission.