Metal Lender definition

Metal Lender means The Bank of Nova Scotia, a Canadian chartered bank.
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Metal Lender means (a) with respect to Consignments comprised of Gold, the Gold Lender, (b) with respect to Consignments comprised of Copper, the Copper Lender, and (c) with respect to all other matters, either the Gold Lender or the Copper Lender, in each case, as the context requires.
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Metal Lender has the meaning set forth in the Preamble. -9-
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Examples of Metal Lender in a sentence

  • The Precious Metals Agreement, as amended hereby, may not be amended or modified except by a written instrument describing such amendment or modification executed by the Customers and the Metal Lender.

  • The Metal Lender shall allocate such cost increases among its customers in good faith and on an equitable basis.

  • Each Customer executing this Agreement authorizes the Metal Lender to communicate directly with its independent certified public accountants and authorizes and shall instruct those accountants and advisors to communicate to the Metal Lender information relating to any Customer with respect to the business, results of operations and financial condition of any Customer.

  • The Metal Lender may at any time pledge or assign a security interest in all or any portion of its rights under this Agreement to a Federal Reserve Bank, and this Section shall not apply to any such pledge or assignment of a security interest; provided that no such pledge or assignment of a security interest shall release the Metal Lender from any of its obligations hereunder or substitute any such assignee for such Metal Lender as a party hereto.

  • This provision shall control every other provision of all agreements between the Customers and the Metal Lender.

  • Neither the Metal Lender nor the Customers have relied on any oral representations concerning any of the terms or conditions of this Agreement or any of the Security Documents in entering into the same.

  • Neither any failure nor any delay on the part of the Metal Lender in exercising any right, power or privilege hereunder or under any other instrument given as security therefor, shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or future exercise, or the exercise of any right, power or privilege.

  • All agreements between the Customers and the Metal Lender are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration of maturity of the Indebtedness or Obligations evidenced hereby or otherwise, shall the amount paid or agreed to be paid to the Metal Lender for the use or the forbearance of the Indebtedness or Obligations evidenced hereby exceed the maximum permissible under applicable law.

  • In this regard, it is expressly agreed that it is the intent of the Customers and the Metal Lender in the execution, delivery and acceptance of this Agreement to contract in strict compliance with the laws of the State of New York from time to time in effect.

  • If an Event of Default has occurred and is continuing, each Customer shall provide such access to the Metal Lender at all times and without notice and without regard to whether such access will disrupt the Customers’ normal business operations.


More Definitions of Metal Lender

Metal Lender s Address” means 3 Times Square, 27th Floor, New York, NY 10036, Attn: Bimal Das, MD & Global Head, Metals Sales and Structuring, or such other person or address as the Metal Lender shall designate from time to time in accordance with the provisions hereof. “Metals Rate” means, with respect to any Fixed Rate Period, the arithmetic mean rate for such Fixed Rate Period as shown on Reuters LIBO screen at 10:00 a.m. London, England time two (2) Business Days prior to the first day of such Fixed Rate Period, less: (a) in the case of Gold, the arithmetic mean rate for such Fixed Rate Period as shown on the Reuters Gold Forward page as at 12:00 a.m. London, England time two (2) Business Days prior to the first day of such Fixed Rate Period; (b) in the case of Silver, the arithmetic mean rate for such Fixed Rate Period as shown on the Reuters Silver Forward page as at 10:00 a.m. London, England time two (2) Business Days prior to the first day of such Fixed Rate Period; (c) in the case of Platinum or Palladium, as applicable, the forward rate for such Platinum or Palladium, as applicable, for such Fixed Rate Period as quoted by the Metal Lender from time to time; and (d) in the case of Copper or Rhodium, such rate as the Metal Lender shall specify for Rhodium from time to time. “Net Marked-to-Market Exposure” means, as of any date of determination, the excess (if any) of all unrealized losses over all unrealized profits of the Customers arising from Swap Agreements and Metal Hedging Transactions. As used in this definition, “unrealized losses” means the fair market value of the costs to a Customer of replacing such Swap Agreement or Metal Hedging Transaction as of the date of determination (assuming the Swap Agreement or Metal Hedging Transaction were to be terminated as of that date), and “unrealized profits” means the fair market value of the gain to such Customer of replacing such Swap Agreement or Metal Hedging Transaction as of the date of determination (assuming such Swap Agreement or Metal Hedging Transaction were to be terminated as of that date) and, with respect to Metal Hedging Transactions, as reasonably determined and communicated by the Metal Lender to the Customer Agent and, to the extent applicable to the particular Metal Hedging Transaction, using the value of underlying Metal calculated in accordance with Section 2.2 hereof. “Obligations” means any and all Indebtedness, obligations and liabilities of the Customers to the Metal Lender of every kin...
Sample 1
Metal Lender s Address ” means with respect to either Metal Lender, c/o Canadian Imperial Bank of Commerce, 161 Bay Street, 5 th Floor, Toronto, Ontario, Canada M5J 2S8, or such other address as the applicable Metal Lender shall designate from time to time in accordance with the provisions hereof.
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Related to Metal Lender

  • DIP Lender means a lender under the DIP Facility.

  • PPP Lender means JPMorgan Chase Bank, N.A.

  • Initial Lender has the meaning specified in the recital of parties to this Agreement.

  • Lender has the meaning specified in the introductory paragraph hereto and, as the context requires, includes the Swing Line Lender.

  • Term Loan Administrative Agent means Bank of America, in its capacity as administrative agent under the Term Loan Credit Agreement, and its successors and assigns in such capacity.

  • Lenders means the Persons listed on Schedule 2.01 and any other Person that shall have become a party hereto pursuant to an Assignment and Assumption, other than any such Person that ceases to be a party hereto pursuant to an Assignment and Assumption.

  • Lender Parent means, with respect to any Lender, any Person as to which such Lender is, directly or indirectly, a subsidiary.

  • Lender Party means any Lender, the Issuing Bank or the Swing Line Bank.

  • Revolving Administrative Agent means the “Administrative Agent” as defined in the Revolving Credit Facility.

  • Working Capital Lender means any Lender that has a Working Capital Commitment.

  • Committed Lender means, as to any Lender Group, each of the financial institutions listed on Schedule I as a “Committed Lender” for such Lender Group, together with its respective successors and permitted assigns.

  • Term Administrative Agent means Bank of America, N.A., in its capacity as agent for the “Secured Parties” under (and as defined in) the Term Credit Agreement, and its successors and assigns in such capacity.

  • Initial Lenders has the meaning specified in the recital of parties to this Agreement.

  • New Lender as defined in Section 2.1(c).

  • Incremental Lender has the meaning assigned to such term in Section 2.22(b).

  • the Agent means the estate agency described at paragraph 5 of the Schedule;

  • Approved Lender is defined in Section 12.1.

  • Bank Lenders means the lenders from time to time party to the Bank Credit Agreement.

  • Administrative Agent as defined in the preamble hereto.

  • Bid Loan Lender means, in respect of any Bid Loan, the Lender making such Bid Loan to the Company.

  • Second Lien Administrative Agent shall have the meaning assigned to the term “Administrative Agent” in the Second Lien Credit Agreement.

  • Committed Lenders means, for any Lender Group, the Persons executing this Agreement in the capacity of a “Committed Lender” for such Lender Group (or an assignment hereof) in accordance with the terms of this Agreement.

  • ABL Administrative Agent means Bank of America in its capacity as administrative agent and collateral agent under the ABL Facilities Documentation, or any successor administrative agent and collateral agent under the ABL Facilities Documentation.

  • Designated Lender shall have the meaning set forth in Section 16.2(b) hereof.

  • Existing bank means a savings bank, national banking association, or state chartered bank engaged in the business of banking prior to the consolidation under this section.

  • Lender Parties means, collectively, the Administrative Agent, the Lenders, the Issuing Banks, the Specified Derivatives Providers, each co-agent or sub-agent appointed by the Administrative Agent from time to time pursuant to Section 11.5., any other holder from time to time of any of any Obligations and, in each case, their respective successors and permitted assigns.