Constructively Placed definition

Constructively Placed means the placement of a tank car where a tank car cannot be Actually Placed or delivered to the terminal and where the tank car is held by the railroad awaiting disposition instructions, or released by rail switching provider, or cleared for release or uncoupled from the locomotive.

Constructively Placed or “Constructive Placement” means either: (i) with respect to a loaded shipment of Product by railcars, that such railcars are located at the Delivery Point in such condition ready for shipment to or if the Producer’s Constructively Placed designation is unavailable, then at such nearby location as determined by the railroad, or (ii) with respect to receipt of railcars for Product loading, that such railcars are located at the Delivery Point or if the Producer’s Constructively Placed designation is unavailable, then at such nearby location as determined by the railroad and within the operating hours specified, in such condition ready for Producer’s use in fulfilling its obligations hereunder.

Constructively Placed. – means when the conveyance (railcar or truck) is placed by the buyer in an accessible position for loading at a location pursuant to the contract Rule.

Constructively Placed or “Constructive Placement” means, with respect to either (i) a loaded shipment of Biodiesel by either railcars or trucks, that such railcars or trucks are located at the Delivery Point in such condition ready for receipt by Purchaser, or (ii) receipt of either railcars or trucks for Biodiesel loading, that such railcars or trucks are located at the Delivery Point and within the operating hours specified, in such condition ready for receipt by Seller.

Constructively Placed or “Constructive Placement” means, with respect to a shipment of Feedstock by railcar, that such railcar has been deemed constructively placed by the applicable railroad.

Constructively Placed means, with respect to any shipment of Feedstock by railcars, that such railcars are located at the relevant delivery point of the Borrower and that such shipment of Feedstock is in such condition ready for receipt by the Refinery.

Constructively Placed or “Constructive Placement” means, with respect to a shipment of Feedstock by railcar, that such railcar has been deemed constructively placed by the applicable railroad. 1.1.6 “Delivered Price” means the price per gallon of Feedstock, including applicable shipping/delivery costs, all as established in the applicable Confirmed Order. 1.1.7 “Demurrage” means all costs, damages, penalties and charges resulting from any delay in loading and/or unloading of Feedstock shipments, including, without limitation, any delay related to any truck or railcar (as applicable) being incapable of timely offloading any shipment of Feedstock due to mechanical failure or for other reasons. 1.1.8 “Designated Storage” has the meaning given in Section 6.3. 1.1.9 “Feedstock” means (i) soybean oil, (ii) animal fat, or any other feedstock mutually agreed to by the Parties for use in producing biodiesel and meeting the specifications agreed to by the Parties in writing from time to time. 1.1.10 “Force Majeure” has the meaning given in Section 10.2 1.1.11 “Indemnitor” has the meaning given in Section 9.2. 1.1.12 “Master Agreement” means the Master Netting, Setoff, Credit and Security Agreement of even date herewith between Buyer and Gavilon. 1.1.13 “Nonconforming Feedstock” has the meaning given in Section 5.3. 1.1.14 “Plant” has the meaning given in the first recital. *** Confidential material redacted and filed separately with the Commission. 1.1.15 “RINs” means Renewable Identification Numbers as described by the U.S. Environmental Protection Agency. 1.1.16 “Termination Notice” has the meaning given in Section 2. 1.2

Constructively Placed or “Constructive Placement” means, with respect to the receipt of either railcars or trucks for Biodiesel loading, that such railcars or trucks are located at the Delivery Point in such condition ready for receipt by Seller. 1.1.6 “Delivery” means, and shall occur upon, the Biodiesel being removed from Designated Storage (as defined in Section 8.5) and fully loaded onto the applicable Transport Vessel. 1.1.7 “Delivery Point” means the locations at the Plant where Transport Vessels are received for loading of Biodiesel on railcars or trucks, respectively, as follows: the Delivery Point for rail car shipments is the railroads' “Constructively Placed” designation; and the Delivery Point for trucks is the arrival of the truck at the Plant between 8:00 a.m. and 3:00 p.m., Monday through Friday (holidays excluded). 1.1.8 “Demurrage” means all costs, damages, penalties and charges resulting from any delay in loading and/or unloading of Biodiesel shipments, including, without limitation, any delay related to any truck or rail car, as applicable: (i) being incapable of timely loading any shipment of Biodiesel due to mechanical failure or for other reasons, or (ii) delivering any shipment of Biodiesel to an incorrect location. 1.1.9 “Designated Storage” has the meaning given in Section 8.5. 1.1.10 “Feedstock Agreement” means the Feedstock Supply Agreement of even date herewith between Seller and Purchaser. 1.1.11 “Force Majeure” has the meaning given in Section 11.2. 1.1.12 “Indemnitor” has the meaning given in Section 12.2. 1.1.13 “Master Agreement” means the Master Netting, Setoff, Credit and Security Agreement of even date herewith between Seller and Purchaser. 1.1.14 “Nonconforming Biodiesel” means any product delivered (or attempted to be delivered) by Seller hereunder which does not meet the specifications set forth in Exhibit “B”. 1.1.15 “Plant” has the meaning given in Recital (a). 1.1.16 “Price” means the amount payable for the Biodiesel as set forth in the applicable Confirmed Order. 1.1.17 “RINs” means Renewable Identification Numbers as described by the U.S. Environmental Protection Agency (“EPA”). 1.1.18 “Taxes” has the meaning given in Section 7.2. 1.1.19 “Termination Notice” has the meaning given in Section 2. 1.1.20 “Transport Vessels” means railcars and tank trucks.

Constructively Placed means the placement of a tank car where a tank car cannot be Actually Placed or delivered to the terminal and where the tank car is held by the railroad awaiting disposition