Funds for Purchases and Consignments Clause Samples

Funds for Purchases and Consignments. Not later than 11:00 a.m. (Boston time) on the proposed Gold Drawdown Date of any Purchase and Consignment, each of the Gold Fronting Banks will make available to the Administrative Agent, at the Administrative Agent's Head Office, in immediately available funds, an amount in Dollars equal to such Gold Fronting Bank's Gold Commitment Percentage of the Purchase Price for the Precious Metal to be purchased and consigned pursuant to such Purchase and Consignment. Upon receipt from each Gold Fronting Bank of such amount, and upon receipt of the documents required by Sections 13 and 14 and the satisfaction of the other conditions set forth therein, to the extent applicable, the Administrative Agent will make available to the Borrower the Purchase Price for such Purchase and Consignment made available to the Administrative Agent by the Gold Fronting Banks and, at such time, the Administrative Agent shall be deemed to have taken title to such Borrower's Precious Metal. The failure or refusal of either Gold Fronting Bank to make available to the Administrative Agent at the aforesaid time and place on any Gold Drawdown Date the amount of its Gold Commitment Percentage of the Purchase Price for the requested Purchase and Consignment shall not relieve the other Gold Fronting Bank from its several obligations hereunder to make available to the Administrative Agent the amount of such other Gold Fronting Bank's Gold Commitment Percentage of the Purchase Price for any requested Purchase and Consignment.
Funds for Purchases and Consignments. 44 6.7. Repurchase at Maturity. ......................................45 6.8. True Consignment. ............................................46 6.9. Change in Gold Commitment Percentages. .......................46 7.
Funds for Purchases and Consignments. Not later than 10:00 a.m. (Chicago time) on the proposed Gold Drawdown Date of any Purchase and Consignment, the Gold Fronting Bank will make available to the Administrative Agent, at the Administrative Agent's Head Office, in immediately available funds, an amount in Dollars equal to the Purchase Price for the Precious Metal to be purchased and consigned pursuant to such Purchase and Consignment. Upon receipt from the Gold Fronting Bank of such amount, and upon receipt of the documents required by Sections 11 and 12 and the satisfaction of the other conditions set forth therein, to the extent applicable, the Administrative Agent will make available to the Borrower the Purchase Price for such Purchase and Consignment made available to the Administrative Agent by the Gold Fronting Bank and, at such time, the Administrative Agent shall be deemed to have taken title to such Borrower's Precious Metal.

Related to Funds for Purchases and Consignments

  • Assets to be Purchased On the Closing Date (as hereinafter defined), Seller agrees to sell, transfer, assign, and deliver to Buyer, and Buyer agrees to purchase and accept from Seller, subject to and upon the terms and conditions contained herein, free and clear of any pledge, lien, option, security interest, mortgage, claim, charge or other encumbrance of any kind (a) All right, title and interest of Seller in and to all of Seller's inventory, wherever located, including raw material, work in process, and finished goods; (b) All of Seller's accounts, accounts receivable, trade receivables and notes receivable; (c) All of Seller's real property, wherever situated including land and buildings, improvements, fixtures thereon, easements, rights-of-way, and other appurtenant rights thereto (such as appurtenant rights in and to public streets); (d) All of Seller's machinery, equipment, furniture, and supplies; (e) All right, title and interest of Seller in and to all prepaid rentals and other prepaid expenses, bonds and deposits (including those for health insurance); (f) All vehicles owned by Seller; (g) All jigs, dies, tooling, drawings, blueprints, schematics, and similar property owned by Seller, including those fabricated by third parties on behalf of Seller and in the possession of those third parties as of the Closing; (h) All business records including all drawings, bills of materials and lists, vendor agreements and lists, credit files, sales records, warranty records, inventory records, product literature and marketing studies; (i) All licenses, permits, trade names, trademarks, patents, and other intellectual property used in connection with the Business of Seller, if any, including without limitation: 1) All goodwill associated therewith; 2) All right, title, and interest in and to the names "SMC" and "Schwartz"; and 3) All right, title and inter▇▇▇ ▇▇ and to the domain name "www.smc/schwartz.com." (j) Life insurance policies listed on ▇▇▇▇▇▇▇▇ ▇(J) attached hereto and incorporated herein; (k) All other books and records associated with the Business of Seller (but excluding Seller's corporate minute books and related corporate records of which Buyer shall be entitled to retain photocopies); (l) To the extent assignable, all rights of Seller under any contracts, leases or other agreements listed on SCHEDULE 1(L) attached hereto and incorporated herein, including but not limited to, that one certain Lease Agreement with Diane E. Wood, regarding property located at 1▇▇ ▇▇▇▇ ▇▇▇▇▇▇ South, Lester Prairie, Minnesot▇, ▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ Agreement with J & J Land Co., L.L.C., regarding property located at 2821 West 6th Street, Sioux Falls, South Dakota (▇▇▇ "▇▇▇▇▇▇") ; ▇▇▇ (▇) ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇nd supplier files and mailing lists of the Seller. All of the assets referenced above and being purchased under this Agreement are collectively referred to herein as the "Assets." The Assets will not include, and Buyer is not purchasing, those specified assets which are listed on SCHEDULE 1(M) attached hereto and incorporated herein (the "Retained Assets"), and which Buyer agrees Seller may retain or distribute to its shareholders.

  • Proceeds to be Turned Over To Administrative Agent In addition to the rights of the Administrative Agent and the Lenders specified in Section 6.1 with respect to payments of Receivables, if an Event of Default shall occur and be continuing, all Proceeds received by any Grantor consisting of cash, checks and other near-cash items shall be held by such Grantor in trust for the Administrative Agent and the Lenders, segregated from other funds of such Grantor, and shall, forthwith upon receipt by such Grantor, be turned over to the Administrative Agent in the exact form received by such Grantor (duly indorsed by such Grantor to the Administrative Agent, if required). All Proceeds received by the Administrative Agent hereunder shall be held by the Administrative Agent in a Collateral Account maintained under its sole dominion and control. All Proceeds while held by the Administrative Agent in a Collateral Account (or by such Grantor in trust for the Administrative Agent and the Lenders) shall continue to be held as collateral security for all the Obligations and shall not constitute payment thereof until applied as provided in Section 6.5.

  • PAYMENTS TO PURCHASER 52 ARTICLE VI....................................................................54

  • Adjustments to Purchase Price (a) For purposes of determining the amounts of the adjustments to the Purchase Price provided for in this Section 2.4, the principles set forth in this Section 2.4(a) shall apply. Buyer shall be entitled to all production of Hydrocarbons from or attributable to the Units, Leases, and ▇▇▇▇▇ at and after the Effective Time (and all products and proceeds attributable thereto), and to all other income, proceeds, receipts and credits earned with respect to the Assets at or after the Effective Time, and shall be responsible for (and entitled to any refunds with respect to) all Operating Expenses incurred at and after the Effective Time. SM Energy shall be entitled to all Hydrocarbon production from or attributable to Units, Leases and ▇▇▇▇▇ prior to the Effective Time (and all products and proceeds attributable thereto), and to all other income, proceeds, receipts and credits earned with respect to the Assets prior to the Effective Time, and shall be responsible for (and entitled to any refunds with respect to) all Operating Expenses incurred prior to the Effective Time. “Earned” and “incurred”, as used in the Agreement shall be interpreted in accordance with GAAP and Council of Petroleum Accountants Society standards, except as otherwise specified herein. For purposes of allocating production (and proceeds and accounts receivable with respect thereto), under this Section 2.4, (i) liquid Hydrocarbons shall be deemed to be “from or attributable to” the Units, Leases and ▇▇▇▇▇ when they pass through the pipeline connecting into the storage facilities into which they are run and (ii) gaseous Hydrocarbons shall be deemed to be “from or attributable to” the Units, Leases and ▇▇▇▇▇ when they pass through the royalty measurement meters, delivery point sales meters or custody transfer meters on the gathering lines or pipelines through which they are transported (whichever meter is closest to the well). SM Energy shall utilize reasonable interpolative procedures, consistent with industry practice, to arrive at an allocation of production when exact meter readings or gauging and strapping data are not available. As part of the Preliminary Settlement Statement, Buyer shall provide to SM Energy such data as is reasonably necessary to support any estimated allocation, for purposes of establishing the Closing Amount.

  • Equity Interest Purchase Price The purchase price of the Optioned Interests (the “Base Price”) shall be ▇▇▇ ▇▇. If PRC law requires a minimum price higher than the Base Price when Party A exercises the Equity Interest Purchase Option, the minimum price regulated by PRC law shall be the purchase price (collectively, the “Equity Interest Purchase Price”).