Die Bank Sample Clauses

Die Bank. In addition to initiating production in response to accepted Purchase Orders, NXP will initiate production or procurement of wafers based on the applicable Confirmed Forecast (or other indication from the Customer therein) in order to maintain a suitable stockpile for future production (the “Die Bank”), but only upon prior approval of the Customer, and further as per the procedures described in Annex G. The Customer and NXP will mutually agree on a smooth and feasible transition plan from current make-to-order process with Trident with no safety stock levels, to a process that allows decoupling at Die Bank with safety stock levels as agreed in this Section 4.2. The Die Bank will (a) be maintained by NXP at its manufacturing location; and (b) have a safety stock level equal to a number of weeks of the Customer’s forecasted demand, as reasonably determined by the Customer. On a quarterly basis, NXP and the Customer will review the safety stock levels. NXP shall only draw upon the Die Bank to the extent necessary to compensate for production or procurement shortfalls as a result of capacity allocation or otherwise at the Customer’s direction, and shall replenish the Die Bank to meet the applicable minimums; provided, however, that, if the specific wafers in the Die Bank have not been drawn upon for a period of […***…] months (“Idle Wafers”), the Customer will have an obligation to purchase such wafers within […***…] months thereafter, whereupon NXP shall replenish the Die Bank as necessary to meet the minimums. The Customer may purchase Idle Wafers either by (i) submitting a finished goods Purchase Order in accordance with Section 6.2 (Purchase Orders) below; or (ii) paying NXP for the cost of the Idle Wafer, in which case (1) the Customer will consign such Idle Wafer to NXP; (2) NXP shall store such Idle Wafer in a separate consignment area of NXP’s manufacturing site, and safeguard it from loss or damage with the same standard of care as NXP uses with respect to its own wafers; and (3) upon NXP’s acceptance of a finished-goods Purchase Order in which such Idle Wafer shall be consumed, the Customer shall sell back the Idle Wafer to NXP at the purchase price, whereupon NXP shall issue a credit memo to the Customer in the amount of the purchase price, draw the Idle Wafer out of consignment, and consume such Idle Wafer in fulfilling the applicable Purchase Order. Notwithstanding anything to the contrary herein, all wafers that fall within the definition ofBuy...
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Die Bank. 4.9.1 Symbios shall maintain a segregated die bank inventory on receipt of instruction to do so by a separate die-bank purchase order from ATML. All production shall be cycled through this die bank thus ensuring that the material in the die bank is freshly manufactured. On receipt of further instruction from ATML to provide packaged product from this die bank the lead time from order to delivery shall be three (3) weeks. ATML shall order, pay for and solely own the die bank at a cost of 75% of the pricing for product quoted in Exhibit D.

Related to Die Bank

  • Bank The Buyer (a) is a national bank or banking institution organized under the laws of any State, territory or the District of Columbia, the business of which is substantially confined to banking and is supervised by the State or territorial banking commission or similar official or is a foreign bank or equivalent institution, and (b) has an audited net worth of at least $25,000,000 as demonstrated in its latest annual financial statements, a copy of which is attached hereto.

  • Wachovia Wachovia Mortgage Corporation, a North Carolina corporation, and its successors and assigns.

  • Financial Institution The Financial Institution will not be liable under this Agreement, except for (i) its own willful misconduct, bad faith or negligence or (ii) breach of its representations and warranties in this Agreement. The Financial Institution will not be liable for special, indirect or consequential losses or damages (including lost profit), even if the Financial Institution has been advised of the likelihood of the loss or damage and regardless of the form of action.

  • The Bank 1. shall perform the duties imposed on the Bank under the Ordinance.

  • EEA Financial Institution No Loan Party is an EEA Financial Institution.

  • Financial Institution Funding Each Purchaser Interest of the Financial Institutions shall accrue Yield for each day during its Tranche Period at either the LIBO Rate or the Prime Rate in accordance with the terms and conditions hereof. Until Seller gives notice to the Agent of another Discount Rate in accordance with Section 4.4, the initial Discount Rate for any Purchaser Interest transferred to the Financial Institutions pursuant to the terms and conditions hereof shall be the Prime Rate. If the Financial Institutions acquire by assignment from Company any Purchaser Interest pursuant to Article XIII, each Purchaser Interest so assigned shall each be deemed to have a new Tranche Period commencing on the date of any such assignment.

  • BANK OF AMERICA, N A., as Initial Note A-1-1 Holder, Initial Note A-1-2 Holder, Initial Note A-1-3 Holder, Initial Note A-1-4 Holder and Initial Note A-1-5 Holder By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Managing Director 00 Xxxx 00xx Xxxxxx - Agreement Between Note Holders UBS AG, NEW YORK BRANCH, as Initial Note A-2-1 Holder, Initial Note A-2-2 Holder, Initial Note A-2-3 Holder, Initial Note A-2-4 Holder, Initial Note A-2-5 Holder, Initial Note A-2-6 Holder, Initial Note A-2-7 Holder, Initial Note A-2-8 Holder, Initial Note A-2-9 Holder, Initial Note A-2-10 Holder and Initial Note A-2- 11 Holder By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Executive Director By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Managing Director 00 Xxxx 00xx Xxxxxx - Agreement Between Note Holders LMF COMMERCIAL, LLC, as Initial Note A-3-1 Holder, Initial Note A-3-2 Holder, Initial Note A-3-3 Holder, Initial Note A-3-4 Holder, Initial Note A-3-5 Holder, Initial Note A-3-6 Holder, Initial Note A-3-7 Holder and Initial Note A-3-8 Holder By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Auhorized Signatory 00 Xxxx 00xx Xxxxxx - Agreement Between Note Holders EXHIBIT A MORTGAGE LOAN SCHEDULE Description of Mortgage Loan Mortgage Loan Borrowers: 11 WEST 42 REALTY INVESTORS, L.L.C. Date of Mortgage Loan: June 30, 2023 Date of All Promissory Notes: June 30, 2023 Original Principal Amount of Mortgage Loan: $274,000,000 Principal Amount of Mortgage Loan as of the date hereof: $274,000,000 Promissory Note A-1-1 Principal Balance: $30,000,000 Promissory Note A-1-2 Principal Balance: $25,000,000 Promissory Note A-1-3 Principal Balance: $15,000,000 Promissory Note A-1-4 Principal Balance: $11,333,334 Promissory Note A-1-5 Principal Balance: $10,000,000 Promissory Note A-2-1 Principal Balance: $6,333,333 Promissory Note A-2-2 Principal Balance: $20,000,000 Promissory Note A-2-3 Principal Balance: $10,000,000 Promissory Note A-2-4 Principal Balance: $10,000,000 Promissory Note A-2-5 Principal Balance: $10,000,000 Promissory Note A-2-6 Principal Balance: $10,000,000 Promissory Note A-2-7 Principal Balance: $5,000,000 Promissory Note A-2-8 Principal Balance: $5,000,000 Promissory Note A-2-9 Principal Balance: $5,000,000 Promissory Note A-2-10 Principal Balance: $5,000,000 Promissory Note A-2-11 Principal Balance: $5,000,000 Promissory Note A-3-1 Principal Balance: $25,000,000 Promissory Note A-3-2 Principal Balance: $23,000,000 Promissory Note A-3-3 Principal Balance: $10,000,000 Promissory Note A-3-4 Principal Balance: $12,000,000 Promissory Note A-3-5 Principal Balance: $5,000,000 Promissory Note A-3-6 Principal Balance: $5,000,000 Promissory Note A-3-7 Principal Balance: $5,666,667 Promissory Note A-3-8 Principal Balance: $5,666,666 Location of Mortgaged Property: 00 Xxxx 00xx Xxxxxx, Xxx Xxxx, XX 00000 Maturity Date: July 6, 2028 EXHIBIT B

  • Affected Financial Institution No Loan Party is an Affected Financial Institution.

  • Fortis Benefits represents that it believes, in good faith, that the Separate Account is a “segregated asset account” and that interests in the Separate Account are offered exclusively through the purchase of or transfer into a “variable contract,” within the meaning of such terms under Section 817(h) of the Code and the regulations thereunder. Fortis Benefits will make every effort to continue to meet such definitional requirements, and it will notify the Fund and Distributor immediately upon having a reasonable basis for believing that such requirements have ceased to be met or that they might not be met in the future.

  • FDIC Open-Bank Assistance All obligations under this Agreement shall terminate, except to the extent determined that continuation of the contract is necessary for the continued operation of the Bank, when the Federal Deposit Insurance Corporation enters into an agreement to provide assistance to or on behalf of the Bank under the authority contained in Federal Deposit Insurance Act section 13(c). 12 U.S.C. 1823(c). Rights of the parties that have already vested shall not be affected by such action, however.

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