Termination; Return of Consigned Precious Metal Sample Clauses

Termination; Return of Consigned Precious Metal. (a) The Consignment Facility shall terminate on the Maturity Date. ALL SUMS OUTSTANDING AND ALL OBLIGATIONS OUTSTANDING UNDER THE CONSIGNMENT FACILITY WILL BE DUE AND PAYABLE UPON THE EARLIER OF (I) THE OCCURRENCE OF AN EVENT OF DEFAULT AND THE METAL LENDER’S ACCELERATION OF THE OBLIGATIONS AS A RESULT THEREOF, OR (II) THE MATURITY DATE. Upon termination of the Consignment Facility, the Metal Lender may credit any amounts then held by it to reduce the amount of the Consignment Facility Indebtedness in accordance with the provisions of Section 13 hereof. Termination of the Consignment Facility shall not affect the Customersduty to pay and perform their Obligations to the Metal Lender under the Consignment Facility in full. Notwithstanding termination, until all Obligations have been fully satisfied, the Metal Lender shall retain the consignment interests and security interests granted under this Agreement and under the Security Documents, and, except for those specific covenants and conditions dealing with the consigning of Precious Metal, all terms and conditions of this Agreement shall remain in full force and effect.
AutoNDA by SimpleDocs
Termination; Return of Consigned Precious Metal. (a) HSBC may terminate the Consignment Facility at any time by sending thirty (30) days prior written notice thereof to the Company. ALL CONSIGNED PRECIOUS METAL AND SUMS OUTSTANDING UNDER THE CONSIGNMENT FACILITY SHALL BE DUE AND PAYABLE UPON THE EARLIER OF (I) THE OCCURRENCE OF AN EVENT OF DEFAULT AND ACCELERATION OF THE OBLIGATIONS BY HSBC, OF (B) THIRTY (30) DAYS AFTER DEMAND BY HSBC HEREUNDER. Upon giving of such notice or at any time thereafter, HSBC may, at its option, suspend or terminate its obligation to consign or deliver Precious Metal hereunder.
Termination; Return of Consigned Precious Metal. (a) The Consignment Facility and this Agreement shall terminate automatically, unless terminated earlier as provided below, on October 31, 2007.
Termination; Return of Consigned Precious Metal. (a) The Consignment Facility shall terminate on the Maturity Date. ALL SUMS OUTSTANDING UNDER THE CONSIGNMENT FACILITY WILL BE DUE AND PAYABLE UPON THE EARLIER OF THE OCCURRENCE OF AN EVENT OF DEFAULT AND ACCELERATION OF THE OBLIGATIONS OR THE MATURITY DATE. Termination of the Consignment Facility shall not affect the Companies' duty to pay and perform their obligations to the Lender under the Consignment Facility in full. Notwithstanding termination, until all Obligations have been fully satisfied, the Lender shall retain the security granted under the Security Agreements, and, except for those specific covenants and conditions dealing with the consigning of Precious Metal, all terms and conditions of this Agreement shall remain in full force and effect.
Termination; Return of Consigned Precious Metal. (a) Subject to the provisions of subparagraph (c) hereof, ALL CONSIGNMENT FACILITY INDEBTEDNESS AND ALL OTHER SUMS OUTSTANDING UNDER THE CONSIGNMENT FACILITY SHALL BE DUE AND PAYABLE UPON THE EARLIER OF (I) THIRTY (30) DAYS AFTER WRITTEN DEMAND AND THE TERMINATION OF THE CONSIGNMENT FACILITY BY HSBC HEREUNDER, OR (II) IMMEDIATELY UPON THE OCCURRENCE OF AN EVENT OF DEFAULT AND THE TERMINATION OF THE CONSIGNMENT FACILITY BY HSBC. In the absence of an Event of Default, HSBC may make demand and terminate the Consignment Facility at any time by sending thirty (30) days prior written notice thereof to the Companies. Upon giving of such notice or at any time thereafter, HSBC may, in accordance with its rights under Paragraph 2.1(a) hereof, elect not to consign or deliver Precious Metal hereunder or roll over Fixed Rate Consignments. Upon termination of the Consignment Facility, whether as a result of demand by HSBC or the occurrence of an Event of Default, HSBC may credit any amounts then held by it to reduce the Obligations in accordance with the provisions hereof. Termination of the Consignment Facility shall not affect the Companies’ duty to pay and perform their obligations to HSBC under the Consignment Facility in full. Notwithstanding termination, until all Obligations have been indefeasibly paid in full, all terms and conditions of this Agreement shall remain in full force and effect except that HSBC shall not consign additional Precious Metal to the Companies hereunder.
Termination; Return of Consigned Precious Metal. (a) Each of Consignor and Customer may terminate this Agreement at any time by giving thirty (30) days prior written notice of such termination to the other; provided, however, termination of this Agreement by Customer shall be expressly conditional upon Customer’s paying and performing in full all of Customer’s obligations hereunder. Upon giving of such notice or at any time thereafter, Consignor may, at its option, suspend or terminate its obligation to Consign or deliver Precious Metal hereunder; provided, however, that Consignor will deliver Precious Metal in respect to pending orders placed by Customer prior to the issuance of a notice of termination if Customer first pays in full for the Precious Metal so ordered, and any related costs and expenses. Termination of this Agreement shall not affect Customer’s duty to pay and perform its Obligations to Consignor hereunder in full. Notwithstanding termination, until all Obligations have been satisfied in full, Consignor shall retain its security interests in the Collateral and, except for those provisions relating to Consignor’s agreement to consign Precious Metal, all terms and conditions of this Agreement shall remain in full force and effect.
Termination; Return of Consigned Precious Metal. (a) The Consignment Facility shall terminate on the Maturity Date. ALL SUMS OUTSTANDING UNDER SAID CONSIGNMENT FACILITY WILL BE DUE AND PAYABLE UPON THE EARLIER OF (I) THE OCCURRENCE OF AN EVENT OF DEFAULT AND ACCELERATION OF THE OBLIGATIONS BY FPM, OR (II) THE MATURITY DATE. Upon the Maturity Date or upon such termination (by reason of an Event of Default), FPM may, at its option, suspend or terminate its obligation to consign or deliver Consigned Precious Metal hereunder. Termination of the Consignment Facility shall not affect the Company's duty to pay and perform its obligations to FPM hereunder in full. Notwithstanding termination, until all Obligations have been fully satisfied, FPM shall retain its security granted under the Security Agreement, and, except for those specific covenants and conditions dealing with the consigning of Precious Metal, all terms and conditions of this Agreement shall remain in full force and effect.
AutoNDA by SimpleDocs

Related to Termination; Return of Consigned Precious Metal

  • Certain After-Acquired Collateral Borrowers shall promptly notify Agent in writing if, after the Closing Date, any Borrower obtains any interest in any Collateral consisting of Deposit Accounts, Chattel Paper, Documents, Instruments, Intellectual Property, Investment Property or Letter-of-Credit Rights and, upon Agent’s request, shall promptly take such actions as Agent deems appropriate to effect Agent’s duly perfected, first priority Lien upon such Collateral, including obtaining any appropriate possession, control agreement or Lien Waiver. If any Collateral is in the possession of a third party, at Agent’s request, Borrowers shall obtain an acknowledgment that such third party holds the Collateral for the benefit of Agent.

  • Custodian to Deliver Security and Transaction Information On each Business Day that the Federal Reserve Bank is open, the Custodian shall furnish the Trust with a detailed statement of monies held for the Fund under this Agreement and with confirmations and a summary of all transfers to or from the account of the Fund. At least monthly and from time to time, the Custodian shall furnish the Trust with a detailed statement of the Securities held for the Fund under this Agreement. Where Securities are transferred to the account of the Fund without physical delivery, the Custodian shall also identify as belonging to the Fund a quantity of Securities in a fungible bulk of Securities registered in the name of the Custodian (or its nominee) or shown on the Custodian's account on the books of the Book-Entry System or the Depository. With respect to information provided by this section, it shall not be necessary for the Custodian to provide notice as described by Article XI Section F. Notices to Trust; it shall be sufficient to communicate by such means as shall be mutually agreeable to the Trust and the Custodian.

  • Return of Required Loan Documents The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Collateral Custodian return each Required Loan Document (a) delivered to the Collateral Custodian in error or (b) released from the Lien of the Collateral Agent hereunder pursuant to Section 2.16, in each case by submitting to the Collateral Custodian and the Administrative Agent a written request in the form of Exhibit M hereto (signed by both the Borrower and the Administrative Agent) specifying the Collateral Portfolio to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Collateral Custodian shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent promptly, but in any event within five Business Days, return the Required Loan Documents so requested to the Borrower.

  • No Action Except Under Specified Documents The Interim Eligible Lender Trustee shall not otherwise deal with the Interim Trust Loans except in accordance with the powers granted to and the authority conferred upon the Interim Eligible Lender Trustee pursuant to this Agreement, the Purchase Agreements and the Sale Agreement.

  • 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).

  • No Action Except Under Specified Documents or Instructions The Owner Trustee shall not manage, control, use, sell, dispose of or otherwise deal with any part of the Trust Estate except (i) in accordance with the powers granted to and the authority conferred upon the Owner Trustee pursuant to this Agreement, (ii) in accordance with the Transaction Documents and (iii) in accordance with any document or instruction delivered to the Owner Trustee pursuant to Section 6.3.

Time is Money Join Law Insider Premium to draft better contracts faster.