Forward Contract. The transaction contemplated under this Agreement constitutes a “forward contract” within the meaning of the United States Bankruptcy Code, and the Parties further acknowledge and agree that each Party is a “forward contract merchant” within the meaning of the United States Bankruptcy Code.
Appears in 45 contracts
Sources: Solar Power Purchase Agreement, Solar Power Purchase Agreement, Solar Power Purchase Agreement
Forward Contract. The transaction contemplated under Parties acknowledge and agree that this Agreement constitutes and the transactions contemplated hereunder are a “forward contract” within the meaning of the United States Bankruptcy Code, and the Parties further acknowledge and agree that each Party is a “forward contract merchant” within the meaning of the United States Bankruptcy Code.
Appears in 44 contracts
Sources: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Forward Contract. The transaction contemplated under Each Party represents and warrants to the other that it is a “forward contract merchant” within the meaning of the United States Bankruptcy Code, that this Agreement constitutes is a “forward contract” within the meaning of the United States Bankruptcy Code, and that the Parties further acknowledge and agree remedies identified in this Agreement shall be “contractual rights” as provided for in 11 U.S.C. § 556 as that each Party is a “forward contract merchant” within the meaning of the United States Bankruptcy Codeprovision may be amended from time to time.
Appears in 28 contracts
Sources: Renewable Energy Certificate Purchase and Sale Agreement, Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement, Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement
Forward Contract. The transaction contemplated under Parties acknowledge and agree that this Agreement constitutes a “forward contract” within the meaning of the United States Bankruptcy Code, and the Parties further acknowledge and agree that each Party is a “forward contract merchant” within the meaning of the United States Bankruptcy Code.
Appears in 23 contracts
Sources: Capacity Purchase Agreement, Capacity Purchase Agreement, Capacity Purchase Agreement
Forward Contract. The transaction contemplated under Parties acknowledge and agree that this Agreement constitutes a “forward contract” within the meaning of the United States Bankruptcy CodeCode (Title 11, and the Parties further acknowledge and agree that each Party is a “forward contract merchant” within the meaning of the United States Bankruptcy Code).
Appears in 13 contracts
Sources: Wholesale Renewable Power and Storage Capacity Purchase Agreement, Wholesale Renewable Power and Storage Capacity Purchase Agreement, Storage Capacity Purchase Agreement
Forward Contract. The transaction contemplated under Parties acknowledge and agree that this Agreement constitutes and the transactions contemplated by this Agreement constitute a “forward contract” within the meaning of the United States Bankruptcy Code, and the Parties further acknowledge and agree that each Party is a “forward contract merchant” within the meaning of the United States Bankruptcy Code.
Appears in 10 contracts
Sources: Renewable Energy Power Purchase Agreement, Renewable Energy Power Purchase Agreement, Power Purchase Agreement
Forward Contract. The transaction contemplated under Parties agree that this Agreement constitutes and the transactions contemplated hereunder shall constitute a “forward contract” within the meaning of the United States Bankruptcy Code, and the Parties further acknowledge and agree that each Party Company is a “forward contract merchant” within the meaning of the United States Bankruptcy Code.
Appears in 8 contracts
Sources: Renewable Energy Credit Purchase Agreement, Up Front Incentive Renewable Energy Credit Purchase Agreement, Up Front Incentive Renewable Energy Credit Purchase Agreement
Forward Contract. The transaction contemplated under Parties acknowledge and agree that this Agreement constitutes and the transactions contemplated by this Agreement constitute a “forward contract” within the meaning of the United States Bankruptcy Code, Code and the Parties further acknowledge that Seller and agree that each Party is a Buyer are “forward contract merchantmerchants” within the meaning of the United States Bankruptcy Code.
Appears in 5 contracts
Sources: Power Purchase Agreement, Renewable Power Purchase Agreement, Power Purchase Agreement
Forward Contract. The transaction contemplated under Parties acknowledge and agree that this Agreement constitutes is a “forward contract” within the meaning of the United States Bankruptcy Code, and that the Parties further acknowledge and agree that each Party is a are acting as “forward contract merchantmerchants” within by entering into the meaning of the United States Bankruptcy CodeAgreement.
Appears in 5 contracts
Sources: Power Purchase Agreement, Energy Storage Agreement, Energy Storage Agreement
Forward Contract. The Parties acknowledge and agree that the transaction contemplated under this Agreement constitutes a “forward contract” within the meaning of the United States Bankruptcy Code, and the Parties further acknowledge and agree that each Party is a “forward contract merchant” within the meaning of the United States Bankruptcy Code.
Appears in 5 contracts
Sources: Asset Purchase Agreement (SolarMax Technology, Inc.), Solar Power Purchase Agreement, Virtual Net Metering Credit Purchase and Assignment Agreement
Forward Contract. The transaction contemplated under Parties acknowledge and agree that this Agreement constitutes and the transactions contemplated by this Agreement constitute a “"forward contract” " within the meaning of the United States Bankruptcy Code, Code and the Parties further acknowledge that Seller and agree that each Party is a “Buyer are "forward contract merchant” merchants" within the meaning of the United States Bankruptcy Code.
Appears in 4 contracts
Sources: Renewable Power Purchase Agreement, Renewable Power Purchase Agreement, Renewable Power Purchase Agreement
Forward Contract. The transaction contemplated under Parties acknowledge and agree that this Agreement constitutes and the transactions contemplated by this Agreement constitute a “forward contract” within the meaning of the United States Bankruptcy Code, Code and the Parties further acknowledge that Buyer and agree that Seller are each Party is a “forward contract merchantmerchants” within the meaning of the United States Bankruptcy Code.
Appears in 4 contracts
Sources: Renewable Natural Gas Attribute Purchase and Sale Agreement, Renewable Natural Gas Attribute Purchase and Sale Agreement, Renewable Natural Gas Attribute Purchase and Sale Agreement
Forward Contract. The transaction contemplated under this Parties acknowledge and agree that the Agreement constitutes and the transactions consummated thereunder constitute a “forward contract” within the meaning of the United States Bankruptcy Code, Code and the Parties further acknowledge and agree that each Party of Seller and Buyer is a “forward contract merchant” within the meaning of the United States Bankruptcy Code.
Appears in 3 contracts
Sources: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Forward Contract. The transaction contemplated under Parties acknowledge and agree that this Agreement constitutes and the transactions contemplated hereunder are a “forward contract” within the meaning of the United States Bankruptcy Code, and the Parties further acknowledge and agree that each Party is a “forward contract merchant” within the meaning of the United States Bankruptcy Code.Code.
Appears in 3 contracts
Sources: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Forward Contract. The Parties agree that each transaction contemplated entered into under this the Agreement constitutes shall constitute a “forward contract” within the meaning of the United States Bankruptcy Code, and that the Parties further acknowledge and agree that each Party is a are “forward contract merchantmerchants” within the meaning of the United States Bankruptcy Code.
Appears in 3 contracts
Sources: Master Rack Sales Agreement, Master Rack Sales Agreement, Master Rack Sales Agreement
Forward Contract. The transaction contemplated under Parties acknowledge and agree that this Agreement constitutes a “forward contract” within the meaning of the United States Bankruptcy Code, and the Parties further acknowledge and agree that they are each Party is a “forward contract merchantmerchants” within the meaning of the United States Bankruptcy Code.
Appears in 3 contracts
Sources: Resource Adequacy Purchase Agreement, Resource Adequacy Purchase Agreement, Resource Adequacy Purchase Agreement
Forward Contract. The transaction contemplated under this Agreement constitutes a “forward contract” within the meaning Each of the United States Bankruptcy Code, and Parties hereto warrants to the Parties further acknowledge and agree other Party that each Party it is a “forward contract merchant” within the meaning of the United States Bankruptcy Code, § 101(26) (“Section 101(26)”) and this Agreement and all purchase and sale transactions hereunder constitute “forward contracts” within the meaning of Section 101(26).
Appears in 3 contracts
Sources: Oil Feedstock Supply Agreement, Oil Feedstock Supply Agreement (REG Newco, Inc.), Oil Feedstock Supply Agreement (Renewable Energy Group, Inc.)
Forward Contract. The transaction contemplated under Parties agree that this Agreement constitutes is a “"forward contract” within the meaning of " and a "master netting agreement" as such terms are defined in the United States Bankruptcy Code, and the Parties further acknowledge and agree that each Party is a “"forward contract merchant” within the meaning of " as such term is defined in the United States Bankruptcy Code.
Appears in 3 contracts
Sources: Gas Purchase Agreement (Petroleum Development Corp), Gas Purchase Agreement (Rockies Region 2007 Lp), Gas Purchase Agreement (Rockies Region 2007 Lp)
Forward Contract. The transaction contemplated under this This Agreement constitutes a “forward contract” within the meaning of the United States Bankruptcy Code, and the Parties further acknowledge each party represents and agree warrants that each Party it is a “forward contract merchant” within the meaning of the United States Bankruptcy Code.
Appears in 2 contracts
Sources: Renewable Energy Certificate Master Agreement, Srec Purchase and Sale Agreement
Forward Contract. The transaction contemplated under this Agreement constitutes a “forward contract” within the meaning of the United States Bankruptcy Code, and the Parties further acknowledge and agree that each Party is this Agreement and the transactions contemplated by this Agreement constitute a “"forward contract merchant” contract" within the meaning of the United States Bankruptcy Code.
Appears in 2 contracts
Sources: Solar Power Purchase Agreement, Power Purchase Agreement
Forward Contract. The transaction contemplated under Parties acknowledge and agree that this Agreement constitutes and the transactions contemplated by this Agreement constitute a “forward contract” within the meaning of the United States Bankruptcy Code, Code and the Parties further acknowledge that Buyer and agree that Seller are each Party is a “forward contract merchantmerchants” within the meaning of the United States Bankruptcy Code.. 20
Appears in 2 contracts
Sources: Renewable Natural Gas Attribute Purchase and Sale Agreement, Purchase and Sale Agreement
Forward Contract. The transaction contemplated under this Agreement constitutes a Parties acknowledge and agree that all Transactions constitute “forward contractcontracts” within the meaning of the United States Bankruptcy Code, and the Parties further acknowledge and agree . Each Party represents that each Party it is a “forward contract merchant” within the meaning of the United States Bankruptcy Code.
Appears in 2 contracts
Sources: Ercot Wholesale Electricity Enabling Agreement, Ercot Wholesale Electricity Enabling Agreement
Forward Contract. The transaction contemplated under Parties agree that this Agreement constitutes shall constitute a “forward contract” within the meaning of the United States Bankruptcy Code, and the Parties further acknowledge and agree that each Party is a “forward contract merchant” within the meaning of the United States Bankruptcy Code.
Appears in 2 contracts
Sources: Master Product Purchase and Sale Agreement, Master Product Purchase and Sale Agreement
Forward Contract. The transaction contemplated under Parties acknowledge and agree that this Agreement constitutes a “forward contract” within the meaning of the United States Bankruptcy Code, and that the Parties further acknowledge and agree that each Party is a shall constitute “forward contract merchantmerchants” within the meaning of the United States Bankruptcy Code.
Appears in 2 contracts
Sources: Power Supply Contract, Limited Assignment Agreement
Forward Contract. The transaction contemplated under Parties acknowledge and agree that this Agreement constitutes and the transactions contemplated by this Agreement constitute a “forward contract” within the meaning of the United States Bankruptcy Code, Code and the Parties further acknowledge that Buyer and agree that Seller are each Party is a “forward contract merchantmerchants” within the meaning of the United States Bankruptcy Code.. 21
Appears in 2 contracts
Sources: Renewable Natural Gas Attribute Purchase and Sale Agreement, Renewable Natural Gas Attribute Purchase and Sale Agreement
Forward Contract. The transaction contemplated Parties acknowledge and agree that this Agreement and the transactions consummated under this Agreement constitutes constitute a “forward contract” within the meaning of the United States Bankruptcy Code, Code and the Parties further acknowledge and agree that each Party is a “forward contract merchant” within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Sources: Power Purchase Agreement
Forward Contract. The transaction Parties acknowledge and agree that this Agreement and the transaction(s) contemplated under this Agreement constitutes a “"forward contract” " within the meaning of the United States Bankruptcy Code, and the Parties further acknowledge and agree that each Party is a “"forward contract merchant” " within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Sources: Sales Confirmation
Forward Contract. The transaction contemplated under Parties acknowledge and agree that this Agreement constitutes a “forward contract” within the meaning of the United States Bankruptcy Code, and the Parties further acknowledge and agree that each Party is a between “forward contract merchantmerchants” within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Sources: Energy Storage Agreement
Forward Contract. The transaction Parties acknowledge and agree that this Agreement and the transaction(s) contemplated under this Agreement constitutes constitute a “forward contract” within the meaning of the United States Bankruptcy Code, and the Parties further acknowledge and agree that each Party is a “forward contract merchant” within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Sources: Commercial Electricity Agreement
Forward Contract. The transaction contemplated under this Agreement constitutes a “forward contract” within the meaning of the United States Bankruptcy Code, and the Parties further acknowledge and agree that each Party is a “forward contract merchant” within the meaning of the United Untied States Bankruptcy Code.
Appears in 1 contract
Sources: Solar Services Agreement
Forward Contract. The transaction contemplated under Parties agree that this Agreement constitutes and the transactions contemplated by the Agreement is considered a “forward contract” within the meaning of the United States as that term is defined by U.S. Bankruptcy Code, and the Parties further acknowledge and agree that each Party is a “forward contract merchant” within the meaning of the United States Bankruptcy CodeLaw.
Appears in 1 contract
Sources: Master Electric Energy Sales Agreement (SilverSun Technologies, Inc.)
Forward Contract. The transaction contemplated under this Parties acknowledge and agree that the Agreement constitutes and the transactions consummated thereunder constitute a “forward contractForward Contract” within the meaning of the United States Bankruptcy Code, Code and the Parties further acknowledge and agree that each Party of Provider and Receiver is a “forward contract merchantForward Contract Merchant” within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Forward Contract. The Parties acknowledge and agree that the transaction contemplated under this Agreement constitutes a “"forward contract” " within the meaning of the United States Bankruptcy Code, and the Parties further acknowledge and agree that each Party is a “"forward contract merchant” " within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Forward Contract. The Parties agree that the transaction contemplated under this Agreement constitutes a “forward contract” within the meaning of the United States Bankruptcy Code, Code and the Parties further acknowledge and agree that that each Party is a “forward contract merchant” within the meaning of the United States Bankruptcy Code.. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
Appears in 1 contract
Sources: Power Purchase Agreement
Forward Contract. The transaction Parties acknowledge and agree that this Agreement and the transaction(s) contemplated under this Agreement constitutes a “forward contract” within the meaning of the United States Bankruptcy Code, and the Parties further acknowledge and agree that each Party is a “forward contract merchant” within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Sources: Retail Electricity Sales Agreement
Forward Contract. The transaction contemplated under this This Agreement constitutes a “forward contract” within the meaning of the United States Bankruptcy Code”, and the Parties further acknowledge each party represents and agree warrants that each Party it is a “forward contract merchant” within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Sources: Purchase and Sale Agreement
Forward Contract. The transaction contemplated under this Agreement constitutes a “forward contract” within the meaning of the United States Bankruptcy Code, and the Parties further acknowledge and agree that each Party is this Agreement and the transactions contemplated hereunder constitute a “"forward contract merchant” contract" within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Forward Contract. The transaction contemplated under this Agreement constitutes Each party acknowledges and agrees that it is a “forward contract” contract merchant”, and this Agreement and all Consignments hereunder constitute “forward contracts”, within the meaning of the United States Bankruptcy Code, and Code to the Parties further acknowledge and agree that each Party is a “forward contract merchant” within the meaning of extent the United States Bankruptcy CodeCode may apply.
Appears in 1 contract
Sources: Master Bullion Consignment Agreement (Quality Gold Holdings, Inc.)
Forward Contract. The Parties acknowledge and agree that the transaction contemplated under this Agreement constitutes a “"forward contract” within the meaning of the United States Bankruptcy Code, and the Parties further acknowledge and agree that each Party is a “forward contract merchant” " within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Forward Contract. The transaction contemplated under this Agreement constitutes a “forward contract” within the meaning of the United States Bankruptcy Code, and the Parties further acknowledge and agree that each Party is a “forward contract merchant” within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Sources: Community Solar Net Metering Credit Allocation Subscription Agreement
Forward Contract. The transaction contemplated under Parties acknowledge and agree that this Agreement constitutes and the transactions consummated thereunder constitute a “forward contractForward Contract” within the meaning of the United States Bankruptcy Code, Code and the Parties further acknowledge and agree that each Party of Provider and Receiver is a “forward contract merchantForward Contract Merchant” within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Forward Contract. The transaction contemplated under this Agreement constitutes Parties agree that the transactions hereunder constitute a “"forward contract” " within the meaning of the United States Bankruptcy Code, Code and the Parties further acknowledge that Buyer and agree that Seller are each Party is a “"forward contract merchant” merchants" within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Sources: Contract for Sale and Purchase of Crude Helium (Roth CH v Holdings, Inc.)
Forward Contract. The transaction contemplated under this Agreement constitutes a “forward contract” within the meaning of the United States Bankruptcy Code, and the Parties further acknowledge and agree that each Party is this Agreement and the transactions contemplated by this Agreement constitute a “"forward contract merchant” contract" within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Sources: Renewable Power Purchase Agreement
Forward Contract. The Parties agree that this transaction contemplated under this Agreement constitutes a “forward contract” within the meaning of the United States Bankruptcy Code, and that the Parties further acknowledge and agree that each Party is a shall constitute “forward contract merchantmerchants” within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Sources: Csapr Allowance Purchase Agreement
Forward Contract. The transaction contemplated under Parties acknowledge and agree that this Agreement constitutes and the transactions contemplated by this Agreement constitute a “forward contract” within the meaning of the United States Bankruptcy Code, Code and the Parties further acknowledge and agree that each Party Seller is a “forward contract merchant” within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Sources: Power Purchase Agreement
Forward Contract. The Parties agree that each transaction contemplated entered into under this Agreement constitutes shall constitute a “"forward contract” " and that the Parties are "forward contract merchants" within the meaning of the United States Bankruptcy Code, and the Parties further acknowledge and agree that each Party is a “forward contract merchant” within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Sources: Master Rack Sales Agreement
Forward Contract. The transaction contemplated under this Agreement constitutes a constitutesa “forward contract” within the meaning of the United States Bankruptcy Code, and the Parties further acknowledge and agree that each Party is a “forward contract merchant” within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Sources: Solar Power Purchase Agreement
Forward Contract. The transaction contemplated under Parties acknowledge and agree that this Agreement constitutes and the transactions contemplated by this Agreement constitute a “"forward contract” contracf' within the meaning of the United States Bankruptcy Code, Code and the Parties further acknowledge that Seller and agree that each Party is a “Buyer are "forward contract merchant” merchants" within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Sources: Renewable Power Purchase Agreement
Forward Contract. The transaction contemplated under Parties acknowledge and agree that this Agreement constitutes and the transactions contemplated hereunder are a “forward contract” within the meaning of the United States Bankruptcy Code. Each Party represents and warrants, and the Parties further acknowledge and agree solely as to itself, that each Party it is (i) a “forward contract merchant” within the meaning of the United States Bankruptcy CodeCode and (ii) an “eligible commercial entity” and an “eligible contract participant” within the meaning of the United States Commodities Exchange Act.
Appears in 1 contract
Sources: Power Purchase Agreement
Forward Contract. The transaction contemplated under Parties agree that this Agreement constitutes and the transactions contemplated hereunder shall constitute a “forward contract” within the meaning of the United States Bankruptcy Code, and that the Parties further acknowledge and agree that each Party is a are “forward contract merchantmerchants” within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Forward Contract. The transaction contemplated under Parties acknowledge and agree that this Agreement constitutes a “forward contract” and that they are “forward contract merchants” within the meaning of the United States Bankruptcy Code, and the Parties further acknowledge and agree that each Party is a “forward contract merchant” within the meaning of the United States Bankruptcy Code.Code.
Appears in 1 contract
Sources: Power Purchase Agreement
Forward Contract. The transaction contemplated under this Agreement constitutes a “forward contract” within the meaning of the United States Bankruptcy Code, and the Parties further acknowledge and agree to treatment consistent with that each Party is of a “forward contract merchant” within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Sources: Solar Power Purchase Agreement
Forward Contract. The This transaction contemplated under this Agreement constitutes a “forward contract” within the meaning of the United States Bankruptcy Code, and the Parties further acknowledge and agree that each Party represents and warrants that it is a “forward contract merchant” within the meaning of the United States Bankruptcy Code.
Appears in 1 contract
Sources: Purchase and Sale Agreement