Common use of Gold Bullion Clause in Contracts

Gold Bullion. The Gold Bullion held by the Trust is free and clear of any lien, pledge, encumbrance, right, charge or claim (other than the rights created by this Agreement). Gold Bullion purchased in connection with the Gold Deposit Receipt or delivered upon a Redemption Order will have minimum fineness of 995 parts per 1000. Subject to the terms of the Gold Storage Agreement, the Initial Depositor, in its sole and absolute discretion, will determine whether the physical Gold Bullion holdings in the Initial Depositor’s account are in coin, bar, wafer, or ingot form. If the Gold Bullion is in coin form, each coin will also: (w) have been produced by the Mint and be legal tender in Canada for its denomination; and (x) have a fair market value not exceeding 110 percent of the fair market value of the coin’s gold content. If the Gold Bullion is in bar, wafer, or ingot form, the Gold Bullion will also (y) have been fabricated by a metal refiner included in the LBMA’s good delivery list of acceptable refiners for gold; and (z) bear basic identification markings that are recognized and accepted for trading in Canadian financial markets, including the hallmark of the metal refiner that produced it and a stamp indicating its fineness and weight, and no other markings.

Appears in 9 contracts

Samples: Depositary Trust Agreement (Vaulted Gold Bullion Trust), Depositary Trust Agreement (Bank of Montreal /Can/), Depositary Trust Agreement (Bank of Montreal /Can/)

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Gold Bullion. The Gold Bullion held by the Trust is free and clear of any lien, pledge, encumbrance, right, charge or claim (other than the rights created by this Agreement). Gold Bullion purchased in connection with the Gold Deposit a Receipt or delivered upon a Redemption Order redemption order will have minimum fineness of 995 parts per 1000. Subject to the terms of the Gold Storage Agreement, the Initial Depositor, in its sole and absolute discretion, will determine whether the physical Gold Bullion holdings in the Initial Depositor’s account are in coin, bar, wafer, or ingot form. If the Gold Bullion is in coin form, each coin will also: (wi) have been produced by the Mint and be legal tender in Canada for its denomination; and (xii) have a fair market value not exceeding 110 percent of the fair market value of the coin’s gold content. If the Gold Bullion is in bar, wafer, or ingot form, the Gold Bullion will also (yi) have been fabricated by a metal refiner included in the LBMALondon Bullion Market Association’s good delivery list of acceptable refiners for gold; and (zii) bear basic identification markings that are recognized and accepted for trading in Canadian financial markets, including the hallmark of the metal refiner that produced it and a stamp indicating its fineness and weight, and no other markings.

Appears in 5 contracts

Samples: Distribution Agreement (Bank of Montreal /Can/), Distribution Agreement (Vaulted Gold Bullion Trust), Placement Agency Agreement (Bank of Montreal /Can/)

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