Meaning
Bilateral commercial agreements oblige a buyer to either accept a minimum quantity of a commodity or pay a penalty for the shortfall. A take or pay contract is widely used in the natural gas and liquefied natural gas industries to secure long-term capital investments. This agreement provides cash flow predictability to the project developer.
Financial Risk
Buyers face substantial financial exposure if market demand falls below the contracted volume. Under a take or pay contract, the obligation to pay for the uncollected gas remains legally binding. This can force the buyer to sell the excess volume at a loss on the spot market.
The financial burden can strain the buyer’s balance sheet during prolonged economic downturns, especially when spot prices are depressed.
Supply Security
Producers use these commitments to obtain bank financing for expensive infrastructure projects. The presence of a take or pay contract assures lenders that the project will have a stable stream of revenue. This assurance allows the builder to proceed with multi-billion dollar drilling and pipeline installations.
Contractual Dispute
Force majeure clauses provide the main legal relief from these heavy payment obligations. Disputes regarding a take or pay contract often center on whether an unexpected event constitutes a valid excuse for non-performance. These legal battles can take years to resolve in international arbitration courts.