Common use of Inability to Determine Fixed Consignment Fee Clause in Contracts

Inability to Determine Fixed Consignment Fee. In the event, prior to the commencement of any Fixed Rate Period relating to any Fixed Rate Consignment, the Metal Lender shall determine in good faith that adequate and reasonable methods do not exist for ascertaining the Fixed Consignment Fee that would otherwise determine the Fixed Rate Consignment during any Fixed Rate Period, the Metal Lender shall forthwith give notice of such determination (which shall be conclusive and binding on the Customer) to the Customer. In such event, (a) any request for a Fixed Rate Consignment shall be automatically withdrawn and shall be deemed a request for a Floating Rate Consignment; (b) each Fixed Rate Consignment will automatically on the last day of the then current Fixed Rate Period thereof, become a Floating Rate Consignment; and (c) the obligations of the Metal Lender to make Fixed Rate Consignments shall be suspended until the circumstances giving rise to such suspension no longer exist, whereupon the Metal Lender shall so notify the Customers.

Inability to Determine Fixed Consignment Fee. In the event, prior to the commencement of any Fixed Rate Period relating to any Fixed Rate Consignment, the applicable Metal Lender shall determine in good faith that adequate and reasonable methods do not exist for ascertaining the Fixed Consignment Fee that would otherwise determine the Fixed Rate Consignment during any Fixed Rate Period, the applicable Metal Lender shall forthwith give notice of such determination (which shall be conclusive and binding on the Customer) to the Customer. In such event, (a) any request for a Fixed Rate Consignment shall be automatically withdrawn and shall be deemed a request for a Floating Rate Consignment; (b) each Fixed Rate Consignment will automatically on the last day of the then current Fixed Rate Period thereof, become a Floating Rate Consignment; and (c) the obligations of the applicable Metal Lender to make Fixed Rate Consignments shall be suspended until the circumstances giving rise to such suspension no longer exist, whereupon the applicable Metal Lender shall so notify the Customers.

Inability to Determine Fixed Consignment Fee. In the event, prior to the commencement of any Fixed Rate Period relating to any Fixed Rate Consignment, the Metal Lender shall determine in good faith that adequate and reasonable methods do not exist for ascertaining the Fixed Consignment Fee that would otherwise determine the Fixed Rate Consignment during any Fixed Rate Period, the Metal Lender shall forthwith give notice of such determination (which shall be conclusive and binding on the CustomerCustomers) to the CustomerCustomer Agent. In such event, (a) any request for a Fixed Rate Consignment shall be automatically withdrawn and shall be deemed a request for a Floating Rate Consignment; (b) each Fixed Rate Consignment will automatically on the last day of the then current Fixed Rate Period thereof, become a Floating Rate Consignment; and (c) the obligations of the Metal Lender to make Fixed Rate Consignments shall be suspended until the circumstances giving rise to such suspension no longer exist, whereupon the Metal Lender shall so notify the CustomersCustomer Agent. Section 2.7.

Inability to Determine Fixed Consignment Fee. In the event, prior to the commencement of any Fixed Rate Consignment Period relating to any Fixed Rate ConsignmentConsignment Fee consignment, the Metal Lender FPM shall determine in good faith that adequate and reasonable methods do not exist for ascertaining the Fixed Consignment Fee that would otherwise determine the rate of interest to be applicable to any Fixed Rate Consignment Fee consignment during any Fixed Rate Consignment Period, the Metal Lender FPM shall forthwith give notice of such determination (which shall be conclusive and binding on the CustomerCompanies) to the CustomerCompanies. In such event, (a) any request for a Fixed Rate Consignment Fee consignment shall be automatically withdrawn and shall be deemed a request for a Floating Rate Consignment; Consignment Fee consignments, (b) each Fixed Rate Consignment Fee consignment will automatically automatically, on the last day of the then current Fixed Rate Consignment Period thereof, become a Floating Rate Consignment; Consignment Fee consignment, and (c) the obligations of the Metal Lender FPM to make Fixed Rate Consignments Consignment Fee consignments shall be suspended until FPM determines that the circumstances giving rise to such suspension no longer exist, whereupon the Metal Lender FPM shall so notify the CustomersCompanies.

Inability to Determine Fixed Consignment Fee. In the event, prior to the commencement of any Fixed Rate Period relating to any Fixed Rate Consignment, the Metal Lender Supplier shall determine in good faith that adequate and reasonable methods do not exist for ascertaining the Fixed Consignment Fee that would otherwise determine the Fixed Rate Consignment during any Fixed Rate Period, the Metal Lender Supplier shall forthwith give notice of such determination (which shall be conclusive and binding on the Customer) to the Customer. In such event, (a) any request for a Fixed Rate Consignment shall be automatically withdrawn and shall be deemed a request for a Floating Rate Consignment; (b) each Fixed Rate Consignment will automatically on the last day of the then current Fixed Rate Period thereof, become a Floating Rate Consignment; and (c) the obligations of the Metal Lender Supplier to make Fixed Rate Consignments shall be suspended until the circumstances giving rise to such suspension no longer exist, whereupon the Metal Lender Supplier shall so notify the Customers.

Inability to Determine Fixed Consignment Fee. In the event, prior to the commencement of any Fixed Rate Consignment Period relating to any Fixed Rate ConsignmentConsignment Fee consignment, the Metal Lender FPM shall determine in good faith that adequate and reasonable methods do not exist for ascertaining the Fixed Consignment Fee that would otherwise determine the Fixed Rate for any Consignment during any Fixed Rate Period, the Metal Lender FPM shall forthwith give notice of such determination (which shall be conclusive and binding on the CustomerCompany) to the CustomerCompany. In such event, (a) any request for a Fixed Rate Consignment Fee consignments shall be automatically withdrawn and shall be deemed a request for a Floating Rate Consignment; Consignment Fee consignments, (b) each Fixed Rate Consignment Fee consignment will automatically automatically, on the last day of the then current Fixed Rate Consignment Period thereof, become a Floating Rate Consignment; Consignment Fee consignment, and (c) the obligations of the Metal Lender FPM to make Fixed Rate Consignments Consignment Fee consignments shall be suspended until FPM determines that the circumstances giving rise to such suspension no longer exist, whereupon the Metal Lender FPM shall so notify the CustomersCompany.

Inability to Determine Fixed Consignment Fee. In the event, prior to the commencement of any Fixed Rate Consignment Period relating to any Fixed Rate ConsignmentConsignment Fee consignment, the Metal Lender BAPM shall determine in good faith that adequate and reasonable methods do not exist for ascertaining the Fixed Consignment Fee that would otherwise determine the rate of interest to be applicable to any Fixed Rate Consignment Fee consignment during any Fixed Rate Consignment Period, the Metal Lender BAPM shall forthwith give notice of such determination (which shall be conclusive and binding on the CustomerCompanies) to the CustomerCompanies. In such event, (a) any request for a Fixed Rate Consignment Fee consignment shall be automatically withdrawn and shall be deemed a request for a Floating Rate Consignment; Consignment Fee consignments, (b) each Fixed Rate Consignment Fee consignment will automatically automatically, on the last day of the then current Fixed Rate Consignment Period thereof, become a Floating Rate Consignment; Consignment Fee consignment, and (c) the obligations of the Metal Lender BAPM to make Fixed Rate Consignments Consignment Fee consignments shall be suspended until BAPM determines that the circumstances giving rise to such suspension no longer exist, whereupon the Metal Lender BAPM shall so notify the CustomersCompanies.

Inability to Determine Fixed Consignment Fee. In the event, prior to the commencement of any Fixed Rate Consignment Period relating to any Fixed Rate Consignment, the Metal Lender Consignor shall determine in good faith that adequate and reasonable methods do not exist for ascertaining the Fixed Consignment Fee that would otherwise determine the rate of interest to be applicable to any Fixed Rate Consignment during any Fixed Rate Consignment Period, the Metal Lender Consignor shall forthwith give notice of such determination (which shall be conclusive and binding on the CustomerCompany) to the CustomerCompany. In such event, (a) any request for a Fixed Rate Consignment shall be automatically withdrawn and shall be deemed a request for a Floating Rate Consignment; withdrawn, (b) each Fixed Rate Consignment will automatically automatically, on the last day of the then current Fixed Rate Consignment Period thereof, become a Floating Rate Consignment; due and payable, and (c) the obligations of the Metal Lender Consignor to make Fixed Rate Consignments shall be suspended until the Consignor determines that the circumstances giving rise to such suspension no longer exist, whereupon the Metal Lender Consignor shall so notify the CustomersCompany. 2.7.

Inability to Determine Fixed Consignment Fee. In the event, prior to the commencement of any Fixed Rate Consignment Period relating to any Fixed Rate Consignment, the Metal Lender Consignor shall determine in good faith that adequate and reasonable methods do not exist for ascertaining the Fixed Consignment Fee that would otherwise determine the rate of interest to be applicable to any Fixed Rate Consignment during any Fixed Rate Consignment Period, the Metal Lender Consignor shall forthwith give notice of such determination (which shall be conclusive and binding on the CustomerCompany) to the CustomerCompany. In such event, (a) any request for a Fixed Rate Consignment shall be automatically withdrawn and shall be deemed a request for a Floating Rate Consignment; withdrawn, (b) each Fixed Rate Consignment will automatically automatically, on the last day of the then current Fixed Rate Consignment Period thereof, become a Floating Rate Consignment; due and payable, and (c) the obligations of the Metal Lender Consignor to make Fixed Rate Consignments shall be suspended until the Consignor determines that the circumstances giving rise to such suspension no longer exist, whereupon the Metal Lender Consignor shall so notify the CustomersCompany.