Examples of Qualifying use in a sentence
Subject to Section 7.5, Purchaser agrees that, without limiting Purchaser’s other obligations under this Article VII, it will use all of the Energy purchased under this Agreement in compliance with the Qualifying Use Requirements.
Purchaser shall not in any case have an obligation to make a payment to Issuer with respect to any Remarketing Fee (as defined in the Prepaid Agreement) charged by MSES under the Prepaid Agreement Section 7.4 Qualifying Use.
Without limiting Purchaser’s other obligations under this Article VII, Purchaser agrees that it will use all of the Gas purchased under this Agreement in compliance with the Qualifying Use Requirements.
Acquiror represents to Sellers that it has no intention or expectation of using the LNG Facilities for any purpose other than the Qualifying Use described in the preceding sentence.
To the extent Purchaser does so, Purchaser shall, to the extent possible, use the proceeds of such remarketing to purchase Commodities (other than Priority Commodities) that Purchaser uses in compliance with the Qualifying Use Requirements by not later than the end of the calendar quarter (each calendar quarter, a “Quarter”) in which such proceeds were received.
Without limiting Purchaser’s other obligations under this Article VII, Xxxxxxxxx agrees that, subject to Section 7.5, it will use all of the Product purchased under this Agreement in compliance with the Qualifying Use Requirements.
The Parties acknowledge that Purchaser may at times need to remarket, or may at times inadvertently remarket, Gas received under this Agreement or, with respect to Electricity generated using Gas received under this Agreement, may sell or utilize the Electricity in a manner that does not comply with the Qualifying Use Requirements needs.
Acquiror agrees that it will notify Sellers in writing of any use of the Facilities different than the Qualifying Use described above as soon as practicable after it decides to commence such different use and in no event later that five business days after such different use commences.
Buyer acknowledges that Seller financed the Purchased Assets set forth on Schedule 6.10 with the proceeds of tax-exempt bonds and that the continuing tax-exempt status of such bonds depends on the continuing qualifying use of such assets as property used to xxxxx or control water or atmospheric pollution or contamination by removing, altering, disposing or storing pollutants, contaminants, water or heat within the meaning of Section 103(b)(4)(F) of the Code ("Qualifying Use").
Accordingly, Transferee shall give Transferor written notice of any change in the use of such assets from their current Qualifying Use that occurs before the maturity date of such bonds, as set forth on Schedule 6.9. Such notice shall be given at least ten (10) Business Days prior to such change in use.