Commodity Markets Clause Samples

Commodity Markets. Boston acknowledges that there may be instances where M▇▇▇▇▇ may acquire positions in certain commodity markets. Boston acknowledges that there are certain inherent risks associated with taking these forward market positions and that in order to take advantage of the potential cost savings gained by these types of transactions, Boston also may be subject to costs that might be higher than the market at the time a position is closed out. M▇▇▇▇▇ and Boston agree that M▇▇▇▇▇ shall sell such Ingredients to Boston at M▇▇▇▇▇’▇ actual cost (including but not limited to procurement costs and overhead), pursuant to the terms and conditions of this Agreement. M▇▇▇▇▇ does not represent, warrant or guarantee in any way that engaging in the types of transactions described above will reduce the costs charged to Boston. Boston acknowledges that the costs related to such transactions may result in costs that are higher than would have been the case if the materials had been purchased at ordinary market rates.
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Related to Commodity Markets

  • Commodity Contracts Such Grantor shall not have any commodity contract unless subject to a Control Agreement.

  • Investment Securities and Commodities (a) Each of the Company and each Company Subsidiary has good title to all securities and commodities owned by it (except those sold under repurchase agreements or held in any fiduciary or agency capacity), free and clear of any Lien, except to the extent such securities or commodities are pledged in the ordinary course of business to secure obligations of the Company or its Subsidiaries. Such securities and commodities are valued on the books of the Company in accordance with GAAP in all material respects. (b) The Company and its Subsidiaries and their respective businesses employ investment, securities, commodities, risk management and other policies, practices and procedures (the “Policies, Practices and Procedures”) which the Company believes are prudent and reasonable in the context of such businesses. Prior to the date hereof, the Company has made available to Parent in writing the material Policies, Practices and Procedures.

  • Commodity Exchange Act Each of Dealer and Counterparty agrees and represents that it is an “eligible contract participant” as defined in Section 1a(18) of the U.S. Commodity Exchange Act, as amended (the “CEA”), the Agreement and this Transaction are subject to individual negotiation by the parties and have not been executed or traded on a “trading facility” as defined in Section 1a(51) of the CEA.

  • Futures Transactions in futures involve the obligation to make, or to take, delivery of the underlying asset of the contract at a future date, or in some cases to settle the Investment Adviser’s position with cash from a Portfolio or elsewhere. Transactions in futures carry a high degree of risk. The “gearing” or “leverage” often obtainable in futures trading means that a small deposit or down payment can lead to large losses as well as gains. It also means that a relatively small market movement can lead to a proportionately much larger movement in the value of the Investment Adviser’s investment, and this can work against the Investment Adviser as well as for the Investment Adviser. Futures transactions have a contingent liability, and the Investment Adviser should be aware of the implications of this, in particular the margining requirements, which are described in paragraph 7.2 below.

  • Deposit Accounts, Securities Accounts and Commodity Accounts Attached hereto as Schedule 14 is a true and complete list of all Deposit Accounts, Securities Accounts and Commodity Accounts maintained by each Company, including the name of each institution where each such account is held, the name of each such account and the name of each entity that holds each account.