Original Index definition

Original Index has the meaning specified in Section 19.2.

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Original Index means in respect of any class of Multi-Tenor Security the Individual Commodity Index applicable to that class immediately prior to the Index Substitution

Original Index has the meaning set forth in Section 3.5(a).

Examples of Original Index in a sentence

• The Expert shall select from the two submissions the Price that it determines best reflects the Price that would have applied to the Disrupted Transaction based on the Original Index in the absence of its disruption.

• In the event the Parties are unable to agree on an alternative index or otherwise agree on a price within ten (10) days after the Original Index ceases to be published or is not published for any period applicable to calculation of the Reference Price of a Disrupted Transaction, then the issue shall be promptly submitted to an Expert for resolution.

• The Expert’s decision shall be provided to the Parties within thirty (30) days after the Original Index ceases to be published or is not published for any period applicable to calculation of the Reference Price of a Disrupted Transaction.

• Failing such agreement, the interim Transaction purchase price shall be the average of the purchase prices for the same Transaction in effect, or that would have been in effect during the twelve months preceding the month in which the Original Index ceased to be published.

• Within seven Business Days from the date that the Original Index ceased to be published, each Party shall choose an independent and non-Affiliated leading Dealer in the principal trading market for the affected Products selected in good faith from among Dealers of the highest credit standing that satisfy all the criteria that the Parties apply generally at the time in deciding whether to offer or to make an extension of credit or to enter into a transaction comparable to the affected Transaction.

• If the base year used in expressing the Index shall be changed after the execution of this Agreement, appropriate adjustments in the current Index shall be made by the parties so that it will be expressed with respect to the same base year as the Original Index.

• If it becomes clear upon payment of the Guarantee Amount and/or part thereof that the Price Index known on the aforesaid payment date (hereinafter: the “New Index”) is higher than the Price Index for the month of ___________that is published on ________________ (hereinafter: the “Original Index”), the Guarantee amount will increase by the ratio between the New Index and the Original Index.

• If the price of a Transaction or Buy/Sell Transaction is based on an industry reference index that ceases to be published or is not published for any period applicable to calculation of the Transaction price (the “Original Index”), the Parties shall cooperate in good faith to select an alternative publication or other reference source that reflects as nearly as possible the same information as published in the Original Index.

• The Adjustment Factor will be the sum of 1.0 and the Current Index Value less the Original Index Value divided by the Original Index Value divided by 5.

• Monthly rental for each subsequent Five year renewal shall be computed by multiplying the monthly rental ascertained under the provisions of Paragraph 1 by a fraction of which the numerator shall be the Comparison Index and the denominator shall be the Original Index.

More Definitions of Original Index

Original Index has the meaning specified in Section 19.2. (tt) “Other Amounts” has the meaning specified in Section 9.3.

Original Index shall have the meaning set forth in Section 4.2. 1.36 “Party” shall mean each of Enterprise or Purchaser. 1.37 “Parties” shall mean, collectively, Enterprise and Purchaser. 1.38 “Payment Cure Period” shall have the meaning set forth in Section 5.6(a). 1.39 “PDH II Effective Date” shall have the meaning given such term in the PDH II Sales Agreement. 1.40 “PDH II Sales Agreement” shall mean that certain Polymer Grade Propylene Purchase and Sales Agreement (PDH II) dated as of April 1, 2021 by and between Enterprise and Purchaser. 1.41 “Person” shall mean any natural person, corporation, company, partnership, general partnership, limited partnership, limited liability company, joint venture, trust, estate, business trust, or other form of incorporated or unincorporated organization, Governmental Authority or any other entity. 1.42 “PGP” shall mean polymer grade propylene meeting the PGP Specifications. 1.43 “PGP Price” shall have the meaning set forth in Section 4.1. 1.44 “PGP Specifications” shall mean the specifications for polymer grade propylene set forth in Exhibit B; provided, however, Enterprise reserves the right to modify, add to, or revise such specifications at any time and from time-to-time during the Term upon giving not less than 30 days prior written notice to Purchaser of the applicable modification, addition or revision; provided, however, for so long as the PGP Storage Lease is in effect, (i) no modification, addition or revision DocuSign Envelope ID: 2B7A1C8A-A220-4A4E-9E1E-347CAF708643

Original Index has the meaning specified in Section 5.4.