Other FM Buyers definition

Other FM Buyers. (as herein after defined). With respect to any given month and each particular Coal Property, “Other FM Buyers” are other buyers to whom Seller is contractually committed to make deliveries to in that particular month under a contract which (a) includes such Coal Property and (b) has been in place at the onset of the Force Majeure Event (a “Permitted Contract”). Further, if Seller is delivering coal to Other FM Buyers during the period of Force Majeure Event, Seller shall during each month deliver to Buyer under this Agreement at least a pro rata portion of its monthly aggregate production from each Coal Property, in accordance with the below methodology: Required Monthly Delivery to Buyer = mBQ x STMP (During Each FM Month for Each Coal Property) (∑ mOBQ) + mBQ) Where:
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Other FM Buyers. (as herein after defined). With respect to any given month and each particular Coal Property, “Other FM Buyers” are other buyers to whom Seller is contractually committed to make deliveries to in that particular month under a contract which (a) includes such Coal Property and (b) has been in place at the onset of the Force Majeure Event (a “Permitted Contract”). Further, if Seller is delivering coal to Other FM Buyers during the period of Force Majeure Event, Seller shall during each month deliver to Buyer under this Agreement at least a pro rata portion of its monthly aggregate production from each Coal Property, in accordance with the below methodology: Required Monthly Delivery to Buyer = mBQ × STMP (During Each FM Month for Each Coal Property) (∑ mOBQ + mBQ) Where: OFMB = Other Force Majeure Buyers for such Coal Property PC = Permitted Contracts for such Coal Property BQ mBQ = = Annual Base Quantity (including any Make Up Tons called for under this Agreement) BQ / 12 STMP = Seller’s total production of coal meeting similar specifications set forth in §6.1 during such month from such Coal Property OBQ = Annualized contractual base quantities under OFMB’s PCs at time of FM Event mOBQ = OBQ / 12 FM = Force Majeure For purposes of this calculation: In any particular monthly calculation, OBQ (and its sum ∑ OBQ) shall not include (a) any base quantities for OFMB whose PC base quantity delivery months have since expired or (b) any base quantities for OFMB whose PC base quantity delivery months have not yet commenced. Further, for PCs with terms of greater or less than one (1) year OBQ shall use an annualized base quantity amount for such PC. In any particular monthly calculation, STMP shall be the aggregate tons of coal produced by Seller in that month from such Coal Property. The term “production” hereunder shall be defined and calculated consistently with the use of that term in the federal Quarterly Mine Employment and Coal Production Report (MSHA Form 7000-2) as reported to the Department of Labor’s Mine Safety and Health Administration. In any particular monthly calculation, Seller shall not be required to deliver to Buyer an amount in excess of the ratable annual Base Quantity hereunder (namely mBQ).
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Related to Other FM Buyers

  • Buyers has the meaning set forth in the preamble.

  • Purchaser/ User means ultimate recipient of goods and services

  • Project Buyer means the City’s employee assigned to serve as the contact person for Bidders/Sellers responding to Invitations For Bid or completing contracts herein.

  • Third Party Buyer means any Person other than (i) the Company or any of its Subsidiaries, (ii) any employee benefit plan of the Company or any of its Subsidiaries, (iii) the Investors or (iv) any Affiliates of any of the foregoing.

  • Model 1 seller means a seller registered under the agreement that has selected a certified service provider as the seller's agent to perform all of the seller's sales and use tax functions for agreement sales and use taxes other than the seller's obligation under Section 59-12-124 to remit a tax on the seller's own purchases.

  • Sellers has the meaning set forth in the preamble.

  • Model 2 seller means a seller registered under the agreement that:

  • Buyer has the meaning set forth in the preamble.

  • Model 4 seller means a seller that is registered under the agreement and is not a model 1 seller, model 2 seller, or model 3 seller.

  • Purchaser means the organization purchasing the goods.

  • Buyer’s Representatives has the meaning set forth in Section 6.02.

  • Purchasers is defined in Section 12.3.1.

  • Other Selling Stockholders means persons other than Holders who, by virtue of agreements with the Company, are entitled to include their Other Shares in certain registrations hereunder.

  • Secondary Seller means the Seller whose Bid City selected as a back-up supplier in the event the Primary Seller is unable to provide all the Goods and/or Services required.

  • Primary Seller means the Seller whose Bid City selected as the principal supplier of the Goods and/or Services required under this Agreement.

  • Other Sellers shall have the meaning set forth in Section 10.4.

  • Locational UCAP Seller means a Member that sells Locational UCAP.

  • Seller’s Closing Documents as defined in Section 3.2(a).

  • The Purchaser means the organization purchasing the Goods, as named in SCC.

  • Selling Stockholders means Purchaser and any other purchaser of Units in the Offering, and their respective successors and assigns.

  • Purchaser Affiliate means any affiliate of the Purchaser, including a transferee who is an affiliate of the Purchaser, and any person who controls the Purchaser or any affiliate of the Purchaser within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act; and

  • Selling Shareholders sections in substantially the form attached hereto as Exhibit B. The Company shall use its reasonable best efforts to have each Additional Registration Statement declared effective by the SEC as soon as practicable, but in no event later than the Additional Effectiveness Deadline. By 9:30 a.m. New York time on the Business Day following the Additional Effective Date, the Company shall file with the SEC in accordance with Rule 424 under the 1933 Act the final prospectus to be used in connection with sales pursuant to such Additional Registration Statement.

  • Purchaser Parties means, collectively, the Purchasers and any of their respective former, current or future directors, officers, employees, agents, general or limited partners, managers, members, stockholders, Affiliates or assignees or any former, current or future director, officer, employee, agent, general or limited partner, manager, member, stockholder, Affiliate or assignee of any of the foregoing.

  • Buyer’s Group means the Buyer and any other company which is or becomes a subsidiary or holding company of the Buyer or a subsidiary of such holding company;

  • Retail buyer or "buyer" means a person that buys or agrees to buy goods or obtain services or agrees to have services rendered or furnished from a retail seller.

  • Seller Entities means, collectively, Seller and all Seller Subsidiaries.