Sample Offtake Agreement

Offtake agreements are carefully developed, long-term agreements between buyers and sellers, which are negotiated and concluded even before the thematic project is developed, take effect when the development of the project is completed and production is put online and continues for a long time, at least several years. These agreements help the project owner finance the project and, indeed, are most likely necessary, as the offtake agreements are a promise of future revenue and proof of the existence of a market for the product. Investopedia defines offtake agreements as contracts between the producers of a resource, in the case of project financing, the producer is the project company, and a buyer of the resource known as offtaker to sell and buy all future production of the project. The offtake agreements are negotiated before the development of the project, which is to become the possibility of production of funds sold under the agreement. When projects produce resources such as electricity or natural gas, offtake agreements are essential to their success. They provide a significant portion of future revenues and allow the project company to account for recurring sales and profits for many years to come. “The offtake agreement allows Offtaker to block a long-term supply;” In addition to the guarantee of supply, the buyer benefits from a guaranteed price. The contract provides cover for future price increases;¬†Protected from market bottlenecks because delivery is assured. An offtake contract establishes the contractual framework for a long-term enterprise agreement between the project company and a client for the purchase and sale of all or essentially the entire project result. Offtake agreements offer fixed or contractual prices for up to ten years or more in the future, so it is easy to understand why they have so much influence on the funding approval process. While all offtake agreements generally create a long-term contractual framework, which establishes a commercial agreement between the project and a client and defines the conditions under which the project will be sold and the offtake will buy, offtake agreements take many different forms. Offtake agreements are usually a win-win document in which the project company and Offtaker redeem a fair deal.

While an offtake agreement is beneficial to both parties, it offers its greatest benefit even before the project is built, because it is a key document – if not the key project – that gives the project lender enough insurance to obtain credit authorization for the project. In the case of take-and-pay contracts, the buyer only pays for the product taken on an agreed price basis. Although the Offtake Agreement is a strictly elaborate and legally binding treaty, both sides must make very great promises that will continue for many years to come. It is certainly possible that, during the duration of the agreement, something will occur that significantly affects the contractual capacity, which is beyond the control of one of the parties. In the case of a long-term sales contract, the buyer agrees to withdraw the contractual quantities of the resource or product from the project. Under this structure, prices are not set in advance. Offtake agreements are usually starting or paying contracts that require the buyer to pay regularly for the products, whether or not the Offtaker actually accepts the products.

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