Commodity Exchange Sample Clauses

Commodity Exchange. “Commodity Exchange” means any exchange, association, contract market or clearing association, whether incorporated or unincorporated, or persons who are engaged in the business of buying or selling any commodity or receiving the same for sale on consignment.
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Commodity Exchange. Commodity Exchange" means any exchange, association, contract market or clearing association, whether incorporated or unincorporated, or persons who are engaged in the business of buying or selling any commodity or receiving the same for sale on consignment.
Commodity Exchange. Act Keepwell Provisions 74 Section 6.11 Designation and Conversion of Restricted and Unrestricted Subsidiaries 74 Section 6.12 Post Closing Matters 75 Section 6.13 Accounts 75 Section 6.14 Anti-Corruption Laws and Sanctions 76 ARTICLE 7 NEGATIVE COVENANTS 76 Section 7.1 Financial Condition Covenants 77 Section 7.2 Indebtedness 77 Section 7.3 Liens. 78 Section 7.4 Fundamental Changes 79 Section 7.5 Disposition of Property 79 Section 7.6 Restricted Payments 80 Section 7.7 Investments 81 Section 7.8 Optional Payments and Modifications of Certain Debt Instruments 82 Section 7.9 Transactions with Affiliates 83 Section 7.10 Sales and Leasebacks 83 Section 7.11 Swap Agreements 83 Section 7.12 Changes in Fiscal Periods 83 Section 7.13 Negative Pledge Clauses 83 Section 7.14 Clauses Restricting Subsidiary Distributions 84 Section 7.15 Lines of Business 84 Section 7.16 [Reserved] 85 Section 7.17 Take-or-Pay Contracts 85 Section 7.18 Unrestricted Subsidiaries and Joint Ventures 85 Section 7.19 Amendment of Borrower Partnership Agreement 85
Commodity Exchange. Act Keepwell Provisions 98 Section 6.26. Anti-Corruption Laws 98 Section 6.27. Term Financial Covenant 98 Section 6.28. Limitations on Dispositions of Material Registered IP 99 ARTICLE 7 DEFAULTS 99 Section 7.01. Representation or Warranty 99 Section 7.02. Non-Payment 100 Section 7.03. Specific Defaults 100 Section 7.04. Other Defaults 100 Section 7.05. Cross-Default 100 Section 7.06. Insolvency; Voluntary Proceedings 100 Section 7.07. Involuntary Proceedings 100 Section 7.08. Judgments 101 Section 7.09. Reportable Event; ERISA Event 101 Section 7.10. Change in Control 101 Section 7.11. Withdrawal Liability 101 Section 7.12. Loan Document 101 ARTICLE 8 ACCELERATION, WAIVERS, AMENDMENTS AND REMEDIES 101 Section 8.01. Acceleration 101 Section 8.02. Amendments 101 Section 8.03. Replacement Loans 103 Section 8.04. Errors 104 Section 8.05. Preservation of Rights 104 ARTICLE 9 GENERAL PROVISIONS 104 Section 9.01. Survival of Representations 104 Section 9.02. Governmental Regulation 104 Section 9.03. Headings 105 Section 9.04. Entire Agreement 105 Section 9.05. Several Obligations; Benefits of This Agreement 105 Section 9.06. Expenses; Indemnification; Damage Waiver 105 Section 9.07. Severability of Provisions 107 Section 9.08. Non-Liability of Lenders 107 Section 9.09. Confidentiality 107 Section 9.10. Non-Reliance 108 Section 9.11. Disclosure 108 Section 9.12. No Advisory or Fiduciary Responsibility 108 Section 9.13. USA PATRIOT Act 109 Section 9.14. Lender ERISA Representations 109 Section 9.15. Acknowledgement Regarding Any Supported QFCs 110 ARTICLE 10 THE ADMINISTRATIVE AGENT 111 Section 10.01. Appointment and Authority 111 Section 10.02. Rights as a Lender 111 Section 10.03. Exculpatory Provisions 112 Section 10.04. Reliance by Administrative Agent 112 Section 10.05. Delegation of Duties 113 Section 10.06. Resignation of Administrative Agent 113 Section 10.07. Non-Reliance on Administrative Agent and Other Lenders 114 Section 10.08. No Other Duties, Etc 114 Section 10.09. Administrative Agent May File Proofs of Claim 114 Section 10.10. Collateral and Guaranty Matters 115 Section 10.11. Intercreditor Agreement 115 Section 10.12. The Platform 116 Section 10.13. Recovery of Erroneous Payments 116 ARTICLE 11 SETOFF; RATABLE PAYMENTS 116 Section 11.01. Setoff 116 Section 11.02. Ratable Payments 117 ARTICLE 12 BENEFIT OF AGREEMENT; ASSIGNMENTS; PARTICIPATIONS 117 Section 12.01. Successors and Assigns 117 Section 12.02. Dissemination of Information 122 Section 12...

Related to Commodity Exchange

  • Commodity Exchange Act Each of Dealer and Counterparty agrees and represents that it is an “eligible contract participant” as defined in Section 1a(18) of the U.S. Commodity Exchange Act, as amended (the “CEA”), the Agreement and this Transaction are subject to individual negotiation by the parties and have not been executed or traded on a “trading facility” as defined in Section 1a(51) of the CEA.

  • Commodity Exchange Act Keepwell Provisions The Borrower hereby guarantees the payment and performance of all Obligations of each Loan Party (other than the Borrower) and absolutely, unconditionally and irrevocably undertakes to provide such funds or other support as may be needed from time to time to each Loan Party (other than the Borrower) in order for such Loan Party to honor its obligations under the Guarantee and Security Agreement including obligations with respect to Hedging Obligations secured by the Collateral Documents (provided, however, that the Borrower shall only be liable under this Section 5.18 for the amount of such liability that can be hereby incurred without rendering its obligations under this Section 5.18, or otherwise under this Agreement, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). The obligations of the Borrower under this Section 5.18 shall remain in full force and effect until all Obligations (other than contingent indemnification obligations) are paid in full to the Lenders, the Administrative Agent and all other Secured Parties, and all of the Lenders’ Commitments are terminated. The Borrower intends that this Section 5.18 constitute, and this Section 5.18 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

  • Securities Exchange The Company shall use its reasonable best efforts to maintain its Common Stock listing and to continue to have its Common Stock be quoted on The American Stock Exchange or on another national securities exchange, so long as it is subject to Section 13 or 15(d) of the Exchange Act.

  • Investment Securities and Commodities (a) Each of the Company and its Subsidiaries has good title in all material respects to all securities and commodities owned by it (except those sold under repurchase agreements), free and clear of any Lien, except as set forth in the financial statements included in the Company Reports or to the extent such securities or commodities are pledged in the ordinary course of business to secure obligations of the Company or its Subsidiaries. Such securities and commodities are valued on the books of the Company in accordance with GAAP in all material respects.

  • Listing on Securities Exchange If the General Partner lists or maintains the listing of REIT Shares on any securities exchange or national market system, it shall, at its expense and as necessary to permit the registration and sale of the Redemption Shares hereunder, list thereon, maintain and, when necessary, increase such listing to include such Redemption Shares.

  • Recent Securities Transactions Subsequent to the respective dates as of which information is given in the Registration Statement, the Sale Preliminary Prospectus and the Prospectus, and except as may otherwise be indicated or contemplated herein or therein, the Company has not (i) issued any securities or incurred any liability or obligation, direct or contingent, for borrowed money; or (ii) declared or paid any dividend or made any other distribution on or in respect to its share capital.

  • Treasury Transactions No Obligor shall (and the Company will procure that no other member of the Group will) enter into any Treasury Transaction, other than:

  • Commodity Contracts Such Grantor shall not have any commodity contract unless subject to a Control Agreement.

  • Currency Exchange All payments under this Agreement shall be payable, in full, in Dollars, regardless of the country(ies) in which sales are made. For the purposes of computing Net Sales of Licensed Products that are sold in a currency other than Dollars, such currency shall be converted into Dollars as calculated at the rate of exchange for the pertinent quarter or year to date, as the case may be, as used by Celgene in producing its quarterly and annual accounts, as confirmed by their respective auditors.

  • New York Stock Exchange Listing Application has been made, and the Securities shall have been listed and admitted and authorized for trading, subject to official notice of issuance, on the New York Stock Exchange so that trading on such exchange will begin within 30 days after the date of this Agreement.

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