Requests for Consignments under the Consignment Facility Sample Clauses

Requests for Consignments under the Consignment Facility. (a) The Customers shall give to the Metal Lender notice by telephone, confirmed by writing via facsimile transmission in the form of Exhibit C attached hereto (confirmed in writing by the Metal Lender) of each request for a Consignment of Precious Metal. Subject to agreement with respect to any Fixed Consignment Fee (if applicable), each such notice shall be irrevocable and binding on the Customers and shall obligate the Customers to accept the consignment requested.
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Requests for Consignments under the Consignment Facility. (a) The Company shall give to the Consignor telephonic notice or notice sent by telecopier from an Authorized Representative of the Company (confirmed in writing by the Consignor) of each request for a consignment under the Consignment Facility. Each such notice shall be irrevocable and binding on the Company and shall obligate the Company to accept the consignment requested from the Consignor.
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Requests for Consignments under the Consignment Facility. (a) The Companies shall give to FPM telephonic notice or notice sent by telecopier (confirmed in writing by FPM) of each request for a consignment under the Consignment Facility. Each such notice shall be irrevocable and binding on the Companies and shall obligate the Companies to accept the consignment requested from FPM.
Sample 1
Requests for Consignments under the Consignment Facility. (a) The Customer Agent shall give to the Metal Lender notice by telephone of each request for a Consignment of Metal. Subject to agreement with respect to any Floating Consignment Fee or Fixed Consignment Fee (to the extent applicable), each such notice shall be irrevocable and binding on the Customers and shall obligate the Customers to accept the consignment requested. (b) Requests for any Floating Rate Consignments shall be furnished to the Metal Lender no later than 2:00 p.m. (New York time)one (1) Business Day prior to the proposed Drawdown Date or as otherwise mutually agreed. Each such notice shall specify (i) the amount and form of Metal requested, and (ii) the proposed Drawdown Date of such Consignment. (c) Requests for any Fixed Rate Consignments shall be furnished to the Metal Lender by 3:00 p.m. (New York time)three (3) London Banking Days or as otherwise mutually agreed prior to the proposed Drawdown Date. Each such notice shall specify (i) the amount and form of Metal requested, (ii) the proposed Drawdown Date of such Consignment, and (iii) the Fixed Rate Period for such Consignment. (d) The Customers irrevocably authorize the Metal Lender to make or cause to be made, at or about the time of the Drawdown Date of any Consignment of Metal or at the time of receipt of any payment of purchase price for Consigned Metal or any redelivery of Consigned Metal, an appropriate notation on the Metal Lender’s books and records reflecting the making of such Consignment of Metal or (as the case may be) the receipt of such purchase price for Consigned Metal, or any redelivery of Consigned Metal. The amount of the Consignment Facility Indebtedness set forth in the Metal Lender’s books and records shall be prima facie evidence of the Consignment Facility Indebtedness owing and unpaid to the Metal Lender, but the failure to record, or any error in so recording, any such amount on the Metal Lender’s books and records shall not limit or otherwise affect the obligations of the Customers hereunder to pay and perform their obligation under the Consignment Facility when due. Section 2.5.
Sample 1
Requests for Consignments under the Consignment Facility. (a) Customer shall give to Consignor notice by telephone (confirmed in writing by Consignor) of each request for a Consignment of Precious Metal. Each such notice shall be irrevocable and binding on Customer and shall obligate Customer to accept the Consignment requested.
Sample 1
Requests for Consignments under the Consignment Facility. (a) The Customers may request Consignments from the Metal Lenders from time to time by telephone (if confirmed in writing), e-mail, facsimile or any other means approved by the Metal Lenders. Upon receipt of any such request for Consignment, the applicable Metal Lender and the applicable Customer(s) shall agree upon the terms of such Consignment (including the Drawdown Date, the Category, amount and fineness of Metal to be consigned, the market premium (if any), the Type of Consignment, the fees and margins to be charged with respect thereto and, if a Fixed Rate Consignment, the Fixed Rate Period with respect thereto), and upon reaching such agreement, if any, the applicable Metal Lender shall provide such Customer(s) with written confirmation thereof.
Sample 1
Requests for Consignments under the Consignment Facility. (a) The Companies shall give to BAPM telephonic notice or notice sent by telecopier (confirmed in writing by BAPM) of each request for a consignment under the Consignment Facility. Each such notice shall be irrevocable and binding on the Companies and shall obligate the Companies to accept the consignment requested from BAPM.
Sample 1
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Related to Requests for Consignments under the Consignment Facility

  • Authorization of Receipt of Funds by the Trustee Under the Security Documents Subject to the provisions of the Intercreditor Agreement, the Trustee is authorized to receive any funds for the benefit of the Holders distributed under the Security Documents, and to make further distributions of such funds to the Holders according to the provisions of this Indenture.

  • Authorization of Receipt of Funds by the Trustee Under the Collateral Documents Subject to the provisions of the Intercreditor Agreements, the Trustee is authorized to receive any funds for the benefit of the Holders distributed under the Collateral Documents, and to make further distributions of such funds to the Holders according to the provisions of this Indenture.

  • Obligations Under the Security Agreement The undersigned hereby agrees, as of the date first above written, to be bound as a Grantor by all of the terms and provisions of the Security Agreement to the same extent as each of the other Grantors. The undersigned further agrees, as of the date first above written, that each reference in the Security Agreement to an “Additional Grantor” or a “Grantor” shall also mean and be a reference to the undersigned.

  • FUNDS AVAILABLE UNDER THE CONTRACTS ALL SERIES I SHARES AND SERIES II SHARES OF AIM VARIABLE INSURANCE FUNDS (INVESCO VARIABLE INSURANCE FUNDS) ACCOUNTS UTILIZING THE FUNDS ALL ACCOUNTS UTILIZING THE FUNDS CONTRACTS FUNDED BY THE ACCOUNTS ALL CONTRACTS FUNDED BY THE ACCOUNTS All other terms and provisions of the Agreement not amended herein shall remain in full force and effect. Effective date: April 30, 2010 AIM VARIABLE INSURANCE FUNDS (INVESCO VARIABLE INSURANCE FUNDS) Attest: /s/ Xxxxx Xxxxxxxx By: /s/ Xxxx X. Xxxx Name: Xxxxx Xxxxxxxx Name: Xxxx X. Xxxx Title: Assistant Secretary Title: Senior Vice President INVESCO DISTRIBUTORS, INC. Attest: /s/ Xxxxx Xxxxxxxx By: /s/ Xxxx X. Xxxxxx Name: Xxxxx Xxxxxxxx Name: Xxxx X. Xxxxxx Title: Assistant Secretary Title: President THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC. Attest: /s/ Xxxx Xxxxxxxxx By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Manager Title: VP GUARDIAN INVESTOR SERVICES LLC Attest: /s/ Xxxx Xxxxxxxxx By: /s/ Xxxx X. Xxxxxx Name: Xxxx Xxxxxxxxx Name: Xxxx X. Xxxxxx Title: Manager Title: Senior Vice President

  • Authorization of Actions to Be Taken by the Trustee Under the Security Documents (a) Subject to the provisions of Section 7.01 and 7.02 hereof, the Trustee may, in its sole discretion and without the consent of the Holders of Notes, direct, on behalf of the Holders of Notes, the Collateral Agent to, take all actions it deems necessary or appropriate in order to:

  • Certain Representations; Reservation and Availability of Shares of Common Stock or Cash (a) This Agreement has been duly authorized, executed and delivered by the Company and, assuming due authorization, execution and delivery hereof by the Warrant Agent, constitutes a valid and legally binding obligation of the Company enforceable against the Company in accordance with its terms, and the Warrants have been duly authorized, executed and issued by the Company and, assuming due authentication thereof by the Warrant Agent pursuant hereto and payment therefor by the Holders as provided in the Registration Statement, constitute valid and legally binding obligations of the Company enforceable against the Company in accordance with their terms and entitled to the benefits hereof; in each case except as enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium and other similar laws relating to or affecting creditors’ rights generally or by general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at law).

  • Continuing Security Interest; Assignments under the Credit Agreement This Agreement shall create a continuing security interest in the Collateral and shall (a) remain in full force and effect until the latest of (i) the payment in full in cash of the Secured Obligations, (ii) the Termination Date and (iii) the termination or expiration of all Letters of Credit and all Secured Hedge Agreements, (b) be binding upon each Grantor, its successors and assigns and (c) inure, together with the rights and remedies of the Administrative Agent hereunder, to the benefit of the Secured Parties and their respective successors, transferees and assigns. Without limiting the generality of the foregoing clause (c), any Lender Party may assign or otherwise transfer all or any portion of its rights and obligations under the Credit Agreement (including, without limitation, all or any portion of its Commitments, the Advances owing to it and the Note or Notes, if any, held by it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted to such Lender Party herein or otherwise, in each case as provided in Section 8.07 of the Credit Agreement.

  • Relation to Other Security Documents The provisions of this Agreement shall be read and construed with the other Loan Documents referred to below in the manner so indicated.

  • Payments to the Liquidity Provider Under the Intercreditor Agreement In order to provide for payment or repayment to the Liquidity Provider of any amounts hereunder, the Intercreditor Agreement provides that amounts available and referred to in Articles II and III of the Intercreditor Agreement, to the extent payable to the Liquidity Provider pursuant to the terms of the Intercreditor Agreement (including, without limitation, Section 3.6(f) of the Intercreditor Agreement), shall be paid to the Liquidity Provider in accordance with the terms thereof. Amounts so paid to the Liquidity Provider shall be applied by the Liquidity Provider to Liquidity Obligations then due and payable in accordance with the Intercreditor Agreement or, if not provided for in the Intercreditor Agreement, then in such manner as the Liquidity Provider shall deem appropriate.

  • Documents, Records and Funds in Possession of the Servicer to be Held for the Trustee The Servicer shall transmit to the Trustee or, at the direction of the Trustee, the Custodian as required by this Agreement all documents and instruments in respect of a Mortgage Loan coming into the possession of the Servicer from time to time and shall account fully to the Trustee for any funds received by the Servicer or which otherwise are collected by the Servicer as Liquidation Proceeds or Insurance Proceeds in respect of any Mortgage Loan. The documents constituting the Servicing File shall be held by the Servicer as custodian and bailee for the Trustee. All Mortgage Files and funds collected or held by, or under the control of, the Servicer in respect of any Mortgage Loans, whether from the collection of principal and interest payments or from Liquidation Proceeds, including but not limited to, any funds on deposit in the Servicer Custodial Account, shall be held by the Servicer for and on behalf of the Trustee and shall be and remain the sole and exclusive property of the Trustee, subject to the applicable provisions of this Agreement. The Servicer also agrees that it shall not knowingly create, incur or subject any Mortgage File or any funds that are deposited in the Servicer Custodial Account, Certificate Account or any Escrow Account, or any funds that otherwise are or may become due or payable to the Trustee for the benefit of the Certificateholders, to any claim, lien, security interest, judgment, levy, writ of attachment or other encumbrance created by the Servicer, or assert by legal action or otherwise any claim or right of setoff against any Mortgage File or any funds collected on, or in connection with, a Mortgage Loan, except, however, that the Servicer shall be entitled to set off against and deduct from any such funds any amounts that are properly due and payable to the Servicer under this Agreement.

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