Initial Delivery Obligations Clause Samples

Initial Delivery Obligations. (a) For each Designated System that has been Energized, the Delivery of at least one (1) 11 Specifically, if payments have been made to Seller with respect to a Designated System, and the number of RECs Delivered from such Designated System is less than the Designated System Paid REC Quantity, then with respect to each such Designated System, Seller shall return a portion of the amount of payment equal to the multiplicative product of (A) the Contract Price and (B) the positive difference between (i) the Designated System Paid REC Quantity and (ii) the number of RECs that has been Delivered from such Designated System (not to exceed the Designated System Contract Maximum REC Quantity). REC from such Designated System to Buyer’s PJM-EIS GATS account or M-RETS account, as applicable, is expected to occur within ninety (90) days of when such Designated System was Energized if the Actual Nameplate Capacity of such Designated System is greater than 5kW or within one hundred eighty (180) days of when the Designated System was Energized if the Actual Nameplate Capacity of such Designated System is equal to or less than 5kW. Seller shall upload meter readings to PJM-EIS GATS or M-RETS pursuant to Section 2.3(e) as necessary for the issuance and timely Delivery of at least one (1) REC by the deadline set forth in this Section 4.1(a). (b) With respect to a Designated System, in the event that Seller fails to Deliver at least one (1) REC by the deadline set forth in Section 4.1(a), then the following shall occur: (i) Payments attributable to such Designated System shall be suspended upon the occurrence of such failure by Seller to the extent there are payments that are outstanding for such Designated System. Payments that are attributable to such Designated System, if any are outstanding, shall resume and be made in accordance with Section 5.1 and Section 5.2 upon the Delivery of one (1) REC from such Designated System if such Delivery occurs prior to the upcoming REC Annual Report submission deadline of July 15. (ii) If the Delivery of one (1) REC has not occurred by the upcoming July 15 REC Annual Report submission deadline, Seller shall include in Seller’s REC Annual Report a confirmation that there are no technical issues known to Seller that would impede the generation, issuance and Delivery of RECs from such Designated System and a confirmation that Seller has uploaded meter readings to PJM-EIS GATS or M-RETS, and Seller shall provide information related to suc...
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Initial Delivery Obligations. For each Designated System that has been Energized, the Delivery of at least one (1) REC from such Designated System to Buyer’s PJM-EIS GATS account or M-RETS account, as applicable, is expected to occur within ninety (90) days of when such Designated System was Energized if the Actual Nameplate Capacity of such Designated System is greater than 5kW or within one hundred eighty (180) days of when the Designated System was Energized if the Actual Nameplate Capacity of such Designated System is equal to or less than 5kW. Seller shall upload meter readings to PJM-EIS GATS or M-RETS pursuant to Section 2.3(e) as necessary for the issuance and timely Delivery of at least one (1) REC by the deadline set forth in this Section 4.1(a).
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Initial Delivery Obligations. ‌ (a) For each Designated System that has been Energized, the Delivery of at least one (1) REC from such Designated System to Buyer’s PJM-EIS GATS account or M-RETS account, as applicable, is expected to occur within ninety (90) days of when such Designated System was Energized if the Actual Nameplate Capacity of such Designated System is greater than 5kW or within one hundred eighty (180) days of when the Designated System was Energized if the Actual Nameplate Capacity of such Designated System is equal to or less than 5kW. Seller shall upload meter readings to PJM-EIS GATS or M-RETS pursuant to Section 2.3(e) as necessary for the issuance and timely Delivery of at least one (1) REC by the deadline set forth in this Section 4.1(a). (b) With respect to a Designated System, in the event that Seller fails to Deliver at least one (1) REC by the deadline set forth in Section 4.1(a), then the following shall occur: (i) If the Delivery of one (1) REC has not occurred by the upcoming July 15 REC Annual Report submission deadline, Seller shall include in Seller’s REC Annual Report a confirmation that there are no technical issues known to Seller that would impede the generation, issuance and Delivery of RECs from such Designated System and a confirmation that Seller has uploaded meter readings to PJM-EIS GATS or M-RETS, and Seller shall provide information related to such uploads.
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Initial Delivery Obligations. (a) For each Designated System that has been Energized, the Delivery of at least one (1) REC from such Designated System is expected to occur to Buyer’s PJM-EIS GATS account or M-RETS account, as applicable, within ninety (90) days of when such Designated System was Energized if the Quantity and (ii) the number of RECs that has been Delivered from such Designated System (not to exceed the Designated System Contract Maximum REC Quantity).
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Initial Delivery Obligations. (a) For each Designated System that has been Energized, the Delivery of at least one (1) REC from such Designated System to Buyer’s PJM-EIS GATS account or M-RETS account, as applicable, is expected to occur within ninety (90) days of when such Designated System was Energized if the Actual Nameplate Capacity of such Designated System is greater than 5kW or within one hundred eighty (180) days of when the Designated System was Energized if the Actual Nameplate Capacity of such Designated System is equal to or less than 5kW. Seller shall upload meter readings to PJM-EIS GATS or M-RETS pursuant to Section 2.3(e) as necessary for the issuance and timely Delivery of at least one (1) REC by the deadline set forth in this Section 4.1(a). (b) With respect to a Designated System, in the event that Seller fails to Deliver at least one (1) REC by the deadline set forth in Section 4.1(a), then the following shall occur: 24 NTD: IPA Act Section 1-75(c)(1)(L)(iv): “The electric utility shall receive all renewable energy credits generated by the project during the first 20 years of operation and retire all renewable energy credits paid for under this item (iv) and return at the end of the delivery term all renewable energy credits that were not paid for.”
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Initial Delivery Obligations. For each Designated System that has been Energized, the Delivery of at least one (1) REC from such Designated System to Buyer’s PJM-EIS GATS account or M-RETS account, as applicable, is expected to occur within ninety (90) days of when such Designated System was Energized if the Actual Nameplate Capacity of such Designated System is greater than 5kW or within one hundred eighty (180) days of when the Designated System was Energized if the Actual Nameplate Capacity of such Designated System is equal to or less than 5kW. Seller shall upload meter readings to PJM-EIS GATS or M-RETS pursuant to Section 2.3(e) as necessary for the issuance and timely Delivery of at 12 For avoidance of doubt, this Section 3.5 does not provide for the assignment of the new Product Order to another approved vendor. This section simply provides for the “unbatching” and “rebatching” of Designated System(s) so as to facilitate a subsequent assignment to occur under Section 13.1 of this Agreement, which requires that any assignment be for a minimum of one or more Product Orders in their entirety. least one (1) REC by the deadline set forth in this Section 4.1(a).
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Initial Delivery Obligations. For each Designated System that has been Energized, the Delivery of at least one (1) REC from such Designated System to Buyer’s PJM-EIS GATS account or M-RETS account, as applicable, is expected to occur within ninety (90) days of when such Designated System was Energized 22 Specifically, if payments have been made to Seller with respect to a Designated System, and the number of RECs Delivered from such Designated System is less than the Designated System Paid REC Quantity, then with respect to each such Designated System, Seller shall return a portion of the amount of payment equal to the multiplicative product of (A) the Contract Price and (B) the positive difference between (i) the Designated System Paid REC Quantity and (ii) the number of RECs that has been Delivered from such Designated System (not to exceed the Designated System Contract Maximum REC Quantity). if the Actual Nameplate Capacity of such Designated System is greater than 5kW or within one hundred eighty (180) days of when the Designated System was Energized if the Actual Nameplate Capacity of such Designated System is equal to or less than 5kW. Seller shall upload meter readings to PJM-EIS GATS or M-RETS pursuant to Section 2.3(e) as necessary for the issuance and timely Delivery of at least one (1) REC by the deadline set forth in this Section 4.1(a).
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Related to Initial Delivery Obligations

  • Delivery Obligations (a) The Seller shall Deliver to the Purchaser, not later than the 5th Business Day following the Determination Date for each Lot (the “Delivery Deadline”), Finished Cobalt in an amount equal to the Payable Cobalt in respect of the Parcel from which such Lot was produced (the “Delivery Amount”); provided that where such Lot is comprised of Off-Spec Material, the Seller shall provide the Purchaser with prompt (and in any event prior to the initial Delivery Deadline) written notice (an “Off-Spec Material Notice”) of the existence of such Off-Spec Material and the Delivery Deadline for such Delivery Amount shall be as follows: (i) to the extent that the Seller is able to Deliver some or all of the Delivery Amount using Finished Cobalt held on the date of the Off- Spec Material Notice by any Vale Affiliate in inventory in a Warehouse located in [REDACTED: Commercially Sensitive], the Delivery Deadline in respect of such portion of the Delivery Amount shall be not later than the 5th Business Day following the Determination Date for the relevant Lot; (ii) thereafter, to the extent that the Seller is able to Deliver some or all of any remaining portion of the Delivery Amount using Finished Cobalt held on the date of the Off-Spec Material Notice by any Vale Affiliate in inventory in a Warehouse located in [REDACTED: Commercially Sensitive], the Delivery Deadline in respect of such portion of the Delivery Amount shall be not later than the 10th Business Day following the Determination Date for the relevant Lot; and (iii) thereafter, in respect of the balance of the Delivery Amount (the “Delivery Balance”), if any, the Delivery Deadline shall be not later than the 15th Business Day following the Determination Date for the relevant Lot, subject to Section 2.2(c). Notwithstanding the foregoing, to the extent that the Seller grants or has granted a permitted Stream Equivalent Transaction required to be settled in physical cobalt to any Person other than the Purchaser, the Seller shall use its available Finished Cobalt inventory (and any other Finished Cobalt that it is able to acquire) to satisfy its delivery obligations to the Purchaser and to such other Person(s) proportionately to their respective cobalt stream percentages or similar interests in cobalt. (b) The Seller shall ensure that the Vale Affiliates maintain, at all times, an inventory of at least [REDACTED: Commercially Sensitive] tonnes of Finished Cobalt ([REDACTED: Commercially Sensitive]) in one or more Warehouses located in [REDACTED: Commercially Sensitive], provided that where the Vale Affiliates have drawn on such inventory of Finished Cobalt to meet the Seller’s Delivery obligations to the Purchaser in accordance with Section 2.2(a)(i) and any other permitted Stream Equivalent Transactions granted by the Seller that are required to be settled in physical cobalt, the Vale Affiliates shall have up to 45 days after the date of the relevant Delivery to restore such inventory of Finished Cobalt to at least [REDACTED: Commercially Sensitive] tonnes. Notwithstanding the foregoing, the Vale Affiliates shall not be required to maintain any inventory of Finished Cobalt for so long as any increase to the Stream Percentage in accordance with Section 5.3 is in effect. (c) [REDACTED: Commercially Sensitive]. (d) No later than 15 Business Days following the end of each calendar quarter, the Seller shall conduct an updated Metal Balance Determination in respect of all Lots in respect of which Deliveries of Finished Cobalt were made (or required to be made) by the Seller to the Purchaser in accordance with Section 2.2(a) within such calendar quarter and shall determine the quantity of Minerals processed at Long Harbour over the period of processing attributed to such Lots (the “Quarterly Parcel”). The Seller shall calculate the Payable Cobalt in respect of such Quarterly Parcel as if it were a Parcel and to the extent that the aggregate Payable Cobalt in respect of the Quarterly Parcel is greater or less than the Finished Cobalt actually Delivered (or required to be Delivered) by the Seller to the Purchaser during such calendar quarter in respect of such Lots, the Seller shall (subject to Section 2.2(e)) reduce or increase, as the case may be, the amount of the next following Delivery of Finished Cobalt (the “Subject Delivery”) to account for such difference (a “Delivery Adjustment”); provided that: (i) where the amount of such Subject Delivery is required to be increased by an amount of Finished Cobalt (the “Top-Up Amount”) pursuant to a Delivery Adjustment, the Top-Up Amount shall be calculated in accordance with the following formula: Top-Up Amount = A x (B/C) where: “A” is the number of pounds of Finished Cobalt by which (a) the number of pounds of Payable Cobalt calculated in respect of the Quarterly Parcel exceeds (b) the Finished Cobalt actually Delivered (or required to be Delivered) to the Purchaser during the relevant calendar quarter;

  • Additional Deliveries (i) To Agent, upon its request, and in any event no less frequently than five (5) Business Days after the end of each Fiscal Month (together with a copy of any of the following reports requested by Agent in writing after the Closing Date), Borrower will deliver each of the following reports, each of which shall be prepared by Borrower as of the last day of the immediately preceding Fiscal Month or the date 2 days prior to the date of any such request: (A) a Borrowing Base Certificate with respect to Credit Parties, accompanied by such supporting detail and documentation as shall be requested by Agent in its reasonable discretion (in substantially the same form as Exhibit 4.2(d) (a “Borrowing Base Certificate”) as of the last day of such period (it being understood and agreed that, at its option, Borrower may deliver the Borrowing Base Certificate and such supporting detail and documentation more frequently than on a monthly basis, but not more frequently than on a weekly basis, it being further understood and agreed that, for any period during the first 6 months following the Closing Date, Borrower shall have the option of delivering an incomplete Borrowing Base Certificate, in which case, no deliveries will be required under Sections 4.2(d)(i)(B), 4.2(d)(i)(C) and 4.2(d)(iii)(A) through 4.2(d)(iii)(E) and the amount of the Borrowing Base for that period shall be deemed to be zero, provided that, once Borrower has delivered a completed Borrowing Base certificate this option shall no longer be available); (B) with respect to Credit Parties, a summary of Inventory by location and type with a supporting perpetual Inventory report and a slow-moving Inventory report, in each case accompanied by such supporting detail and documentation as shall be requested by Agent in its reasonable discretion; and (C) with respect to Credit Parties, a monthly trial balance showing Accounts outstanding aged from invoice date as follows: 1 to 30 days, 31 to 60 days, 61 to 90 days and 91 days or more, accompanied by such supporting detail and documentation as shall be requested by Agent in its reasonable discretion. (ii) To Agent, if requested by Agent in connection with or following the delivery of a Borrowing Base Certificate, collateral reports with respect to Credit Parties, including all additions and reductions (cash and non-cash) with respect to Accounts of Credit Parties, in each case accompanied by such supporting detail and documentation as shall be requested by Agent in its reasonable discretion each of which shall be prepared by the Borrower as of the last day of the immediately preceding week or the date 2 days prior to the date of any request; (iii) To Agent, no later than the tenth (10th) Business Day after the end of each Fiscal Month and at the time of the delivery of each quarterly Financial Statements pursuant to this Section 4.2, as the case may be: (A) (x) no later than the tenth (10th) Business Day after the end of each Fiscal Month, a reconciliation of the most recent Borrowing Base, general ledger and month-end Inventory reports of Credit Parties to Credit Parties’ general ledger and (y) together with each delivery of the quarterly Financial Statements, a reconciliation of the most recent Borrowing Base, general ledger and month-end Inventory reports of Credit Parties to such quarterly Financial Statements, in each case accompanied by such supporting detail and documentation as shall be requested by Agent in its reasonable discretion; (B) (x) no later than the tenth (10th) Business Day after the end of each Fiscal Month, a reconciliation of the perpetual inventory by location to Credit Parties’ most recent Borrowing Base Certificate and general ledger and (y) together with each delivery of the quarterly Financial Statements, a reconciliation of the perpetual inventory by location to such quarterly Financial Statements, in each case accompanied by such supporting detail and documentation as shall be requested by Agent in its reasonable discretion; (C) (x) no later than the tenth (10th) Business Day after the end of each Fiscal Month, an aging of accounts payable and a reconciliation of that accounts payable aging to Credit Parties’ general ledger and (y) together with each delivery of the quarterly Financial Statements, an aging of accounts payable and a reconciliation of that accounts payable aging to such quarterly Financial Statements, in each case accompanied by such supporting detail and documentation as shall be requested by Agent in its reasonable discretion; (D) (x) no later than the tenth (10th) Business Day after the end of each Fiscal Month, a reconciliation of the outstanding Loans as set forth in the monthly Loan Account statement provided by Agent to Credit Parties’ general ledger and (y) together with each delivery of the quarterly Financial Statements, a reconciliation of the outstanding Loans as set forth in the monthly Loan Account statement provided by Agent to such quarterly Financial Statements, in each case accompanied by such supporting detail and documentation as shall be requested by Agent in its reasonable discretion; (E) no later than the tenth (10th) Business Day after the end of each Fiscal Month, supporting detail and documentation satisfactory to Agent in its reasonable discretion relating to (i) the current and historical performance of Eligible Remnant Inventory and (ii) credit memos issued with respect to the Credit Memo Chargeback Accounts; (F) together with each delivery of the quarterly Financial Statements, a summary of the outstanding balance of all intercompany loans owing by Borrower and owing by each Guarantor as of the last day of the applicable Fiscal Quarter; (G) together with each delivery of the quarterly Financial Statements, a summary of the license royalty payments owing by each Credit Party as of the last day of the applicable Fiscal Quarter with respect to material contracts listed in clauses (i), (ii), (iii) and (iv) of Section 3.19, and a certificate that, to the Borrower’s knowledge, no default exists with respect to each such contract; and (H) together with each delivery of the quarterly Financial Statements, a listing of each transaction with an Affiliate permitted pursuant to Section 3.8 hereto which involves payments or assets of greater than $1,000,000; (iv) on the Closing Date and together with each delivery of the annual Financial Statements, and more frequently at any time there is a material increase in any rent or any storage, processing, freight or shipping charge, with respect to each leased, warehouse, processor or converter facility or other location where Collateral of any Credit Party is stored or located (in each case where Collateral of any Credit Party with a fair market value of greater than $50,000 is stored or located) (w) a schedule of rents showing the monthly rent due or other monthly charges due, (x) a schedule of accrued and unpaid storage and/or processing charges for the storage and/or processing of goods, (y) a schedule of accrued and unpaid charges of freight carrier or shipping company charges for the transportation of goods and (z) a certificate that, to the Borrower’s knowledge, no default exists with respect to each applicable agreement with such landlord, processor, bailee or freight carrier or shipping company; (v) To Agent, at the time of delivery of each of the annual Financial Statements delivered pursuant to this Section 4.2, (i) a listing of government contracts of each Credit Party subject to the Financial Administration Act (Canada); and (ii) a list of any applications for the registration of any Patent, Trademark or Copyright filed by any Credit Party with the Canadian Patent and Trademark Office, the Canadian Copyright Office or any similar office or agency in the prior Fiscal Year.

  • Physical Delivery All notices must be in writing, except as provided in § 21.2. Any document, including a signed 234 document or notice, delivered to the other party to this Buyer Listing Contract, is effective upon physical receipt. Delivery to 235 Buyer is effective when physically received by ▇▇▇▇▇, any signator on behalf of ▇▇▇▇▇, any named individual of Buyer or 236 representative of Buyer.

  • SPECIAL DELIVERY INSTRUCTIONS All shipments will be FOB destination (as specified on Ordering Entity Purchase Order).

  • Material Delivery Within 60 days after award date, Purchaser shall provide Forest Service a written schedule showing the desired delivery dates of any material to be supplied by Forest Service. With reasonable notice, schedule may be amended by agreement. Forest Service agrees to make delivery within