Plastic2Oil Inc (PTOI)

[dreaminbig]

Only if they want it. And at a great discount. And in the filing some of that information ie: Revenue Sharing, was removed from the public filing. You don't think JBI will have to pay RockTenn for any revenues?


RockTenn shall provide to JBI such Plastic Feedstock, including ragger tail, generated by the RockTenn Facilities as is available. Notwithstanding the foregoing, the Parties agree that RockTenn does not guarantee a minimum or maximum amount of Plastic Feedstock to JBI. RockTenn shall provide all Plastic Feedstock to JBI at no cost. Should RockTenn make such Plastic Feedstock available at a landfill or other unit located on a RockTenn Facility, JBI shall be responsible for obtaining all Governmental Authorizations for, and the costs of, removing the Plastic Feedstock from the landfill or other unit, transporting it to the License Area, processing it through the JBI Machines, and paying all other costs and taking all other actions required to convert such Plastic Feedstock into Fuel. The Parties agree to cooperate with each other to obtain the approval of Governmental Authorities and accomplish such other actions as may be necessary to beneficially re-use Plastic Feedstock from a RockTenn Facility landfill or other unit so that the same can be converted into Fuel in compliance with all applicable Laws. JBI may accept and process plastic feedstock provided by third party sources; provided that, JBI shall not accept any third party feedstock until all Plastic Feedstock provided by RockTenn has been processed. JBI shall be required to accept and process all Plastic Feedstock that RockTenn shall make available to it.



JBI shall be responsible for the sale of all Fuel generated by the JBI Machines operating at the RockTenn Facility. JBI shall use commercially reasonable efforts to sell any Fuel not purchased by RockTenn pursuant to Section 4.2 to third persons. If any such person wishes to purchase Fuel, it shall enter into a Fuel Supply Agreement with JBI. The term of each such Fuel Supply Agreement and the number of U.S. gallons of each grade of Fuel to be sold to such person under such Fuel Supply Agreement (which shall not exceed the number of U.S. gallons of Fuel available for purchase by third persons, taking into account the then-current capacity of the JBI Machines operating at the RockTenn Facility and the number of U.S. gallons of each grade of Fuel being purchased by RockTenn at that time) shall be at the sole discretion of JBI. For greater certainty, JBI shall not be permitted to enter into a Fuel Supply Agreement with a third person until it has offered such Fuel to RockTenn pursuant to Section 4.2 . Notwithstanding the foregoing, nothing in this Agreement shall obligated RockTenn to purchase any quantities of Fuel from JBI.

4.2 Right of First Offer

At least five (5) Business Days prior to the installation of the first JBI Machine at the RockTenn Facility and at least five Business Days prior to the first Business Day of each calendar month following the Start Date of the first JBI Machine installed at the RockTenn Facility, JBI shall provide notice to RockTenn as to the number of U.S. gallons of each grade of Fuel that JBI estimates will be generated by the JBI Machine(s) operating at the RockTenn Facility during such month and the number of U.S. gallons of each grade of Fuel that are available for RockTenn to purchase (taking into account JBI’s supply obligations under existing Fuel Supply Agreements). RockTenn shall have the option to purchase from JBI any (or all) of the U.S. gallons of Fuel available for RockTenn to purchase, as set forth in such notice. If RockTenn wishes to purchase any (or all) of such U.S. gallons of Fuel, it shall provide notice to JBI at least two Business Days prior to such Start Date or the first Business Day of such month, as the case may be. Upon receiving such notice, JBI and RockTenn, acting reasonably, shall enter into a Fuel Supply Agreement for the number of U.S. gallons of each grade of Fuel that RockTenn wishes to purchase and the term of such Fuel Supply Agreement (which cannot be less than one month in duration). JBI shall sell each U.S. gallon of Fuel to RockTenn at a price equal to 80% of the Fuel Price for the grade of such Fuel as of the close of business on the Business Day prior to the date such U.S. gallon of Fuel is delivered to RockTenn. RockTenn shall not resell any Fuel purchased from JBI.

http://jbii.ir.edgar-online.com/fetchFilingFrameset.aspx?FilingID=8077958&Type=HTML