Common use of Advance Determination Clause in Contracts

Advance Determination. (i) Immediately as commercially practicable following the delivery of an Advance Request in accordance with Section 3.1(a), the Administrative Agent shall (A) notify each Bank with a commitment under the Applicable Tranche in writing of the Company’s request for an Advance and such Bank’s pro rata share of the Advance (any such notice, a “Bank Notice”) (and to the extent the Company has delivered a form FR U-1 in connection with such request, make available to the Banks such form FR U-1 via the Platform or other approved method of delivery) and (B) provide to the Collateral Agent and the Collateral Monitoring Agent (x) a copy of the applicable Advance Request and (y) a notice stating the principal amount of Loans then outstanding under each Applicable Tranche (and before giving effect to such Advance requested in such Advance Request Confirmation) (any such notice described in clause (y), an “Outstanding Loan Notice”). (ii) The Collateral Monitoring Agent shall, within 45 minutes of receipt of the later of the applicable Collateral Notice and the Outstanding Loan Notice, (i) determine the Market Value of (A) the Collateral Pool (which, in the case of a Clearing Member Customer Gold Warrant Advance, shall include the proceeds of the Loans funded pursuant to such Clearing Member Customer Gold Warrant Advance and deposited in one or more Clearing Member Customer Gold Warrant Advance Deposit Accounts), (B) the Borrowing Base and, (C) in the case of a Clearing Member Customer Gold Warrant Advance, the Clearing Member Customer Gold Warrants identified in such Collateral Notice, (ii) notify the Company and the Collateral Agent (by telephone and electronic communication, such as email, at the contact information provided in the Advance Request) and the Administrative Agent (by telephone at the contact information set forth on Schedule 13.1) of the Collateral Monitoring Agent’s determination of the Market Value of the Collateral Pool, the Borrowing Base and, in the case of a Clearing Member Customer Gold Warrant Advance, the Clearing Member Customer Gold Warrants identified in such Collateral Notice, and the Collateral Agent, based solely on information provided by the Collateral Monitoring Agent, upon which it may conclusively rely, will confirm whether the Collateral Pool is sufficient for the Borrowing Base to collateralize the Company’s requested Advance (and, in the case of a Clearing Member Customer Gold Warrant Advance, whether the Discounted Value of the Clearing Member Customer Gold Warrants identified in the applicable Collateral Notice is at least equal to the amount of Loans requested in such Clearing Member Customer Gold Warrant Advance). As soon as practicable, (x) the Collateral Agent shall deliver a copy of the Collateral Notice to the Administrative Agent and (y) the Administrative Agent shall deliver a copy of any such received Collateral Notice to the Banks and further notify the Banks of such determination described above of the Collateral Agent. (iii) Subject to the satisfaction of the applicable conditions precedent set forth in Article V, not later than the Applicable AA Funds Delivery Deadline, the Administrative Agent shall, using the proceeds provided by the Banks pursuant to Section 4.1 for such requested Advance, or any additional proceeds that may be provided on behalf of the Banks by the Administrative Agent as provided in this Agreement, make available to the Company in immediately available funds the requested Advance (or, (1) in the case of an Advance other than a Clearing Member Customer Gold Warrant Advance, if the Collateral Pool is not then sufficient to collateralize the requested Advance as required hereby, the portion thereof that is so collateralized by the Collateral Pool and (2) in the case of a Clearing Member Customer Gold Warrant Advance, if the Discounted Value of the Clearing Member Customer Gold Warrants set forth in the applicable Collateral Notice is less than the amount of the Loans requested in such Clearing Member Customer Gold Warrant Advance, the portion thereof that is equal to the Discounted Value of such Clearing Member Customer Gold Warrants) (x) in the case of an Advance (other than a Clearing Member Customer Gold Warrant Advance) to be made in U.S. Dollars, Canadian Dollars, Euro or Sterling, by depositing such funds into the deposit account of the Company maintained with the Administrative Agent specified in the Advance Request, (y) in the case of an Advance (other than a Clearing Member Customer Gold Warrant Advance) to be made in a currency other than U.S. Dollars, Canadian Dollars, Euro or Sterling (and to the extent requested by the Company), by wire transfer of such funds to an account of the Company maintained with the Administrative Agent or another financial institution (as specified in the Advance Request) (and for purposes of clause (y) above, the Applicable AA Funds Delivery Deadline shall be determined by the time the Administrative Agent initiates such wire transfer of such funds and not the time received by any such other financial institution) or (z) in the case of a Clearing Member Customer Gold Warrant Advance, by wire transfer of such funds to one or more Clearing Member Customer Gold Warrant Advance Deposit Accounts; provided that, in the event that (1) the Collateral Pool is not sufficient to so collateralize the requested Advance (in the case of an Advance that is not a Clearing Member Customer Gold Warrant Advance) or (2) the Discounted Value of the Clearing Member Customer Gold Warrants in the applicable Collateral Notice is less than the amount of the Loans requested in a Clearing Member Customer Gold Warrant Advance, in each case, the Collateral Agent shall notify the Company and the Administrative Agent thereof and the Company may post additional Collateral to the Collateral Pool within one Business Day of such notice (including, without limitation, by withdrawing any Company Security in accordance with Section 2.9(b) and posting such Company Security as additional Collateral with respect to the Collateral Pool) and upon the posting of such additional Collateral to the Collateral Pool, the Administrative Agent shall make available to the Company a corresponding amount of the funds deposited by the Banks in accordance with Section 4.1. In the event that the Company fails to post sufficient additional Collateral to the Collateral Pool to collateralize the requested Advance as required hereby within one Business Day following such notice from the Collateral Agent of the insufficiency of the Collateral Pool, the Administrative Agent shall return any excess proceeds provided by the Banks to the Banks ratably in accordance with the amounts funded by each Bank. Any funds held by the Administrative Agent during any such period prior to being made as an Advance or returned to the Banks in accordance with this Section 3.1(b)(iii) being referred to herein as “Held Funds”.

Advance Determination. (i) Immediately as commercially practicable following the delivery of an Advance Request in accordance with Section 3.1(a), the Administrative Agent shall (A) notify each Bank with a commitment under the Applicable Tranche in writing of the Company’s request for an Advance and such Bank’s pro rata share of the Advance (any such notice, a “Bank Notice”) (and to the extent the Company has delivered a form FR U-1 in connection with such request, make available to the Banks such form FR U-1 via the Platform or other approved method of delivery) and (B) provide to the Collateral Agent and the Collateral Monitoring Agent (x) a copy of the applicable Advance Request and (y) a notice stating the principal amount of Loans then outstanding under each Applicable Tranche (and before giving effect to such Advance requested in such Advance Request Confirmation) (any such notice described in clause (y), an “Outstanding Loan Notice”). (ii) The Collateral Monitoring Agent shall, within 45 minutes of receipt of the later of the applicable Collateral Notice and the Outstanding Loan Notice, (i) determine the Market Value of (A) the applicable Clearing Fund Collateral Pool (whichor the Company Collateral Pool, in as applicable, and the case of a Clearing Member Customer Gold Warrant Advance, shall include the proceeds of the Loans funded pursuant to such Clearing Member Customer Gold Warrant Advance and deposited in one or more Clearing Member Customer Gold Warrant Advance Deposit Accounts), (B) the corresponding Borrowing Base and, (C) in the case of a Clearing Member Customer Gold Warrant Advance, the Clearing Member Customer Gold Warrants identified in such Collateral NoticeBase, (ii) notify the Company and the Collateral Agent (by telephone and electronic communication, such as email, at the contact information provided in the Advance Request) and the Administrative Agent (by telephone at the contact information set forth on Schedule 13.1) of the Collateral Monitoring Agent’s determination of the Market Value of the applicable Collateral Pool, Pool and the corresponding Borrowing Base and, in the case of a Clearing Member Customer Gold Warrant Advance, the Clearing Member Customer Gold Warrants identified in and whether such Collateral Notice, and the Collateral Agent, based solely on information provided by the Collateral Monitoring Agent, upon which it may conclusively rely, will confirm whether the applicable Collateral Pool is sufficient for the corresponding Borrowing Base to collateralize the Company’s requested Advance (and, in the case of a Clearing Member Customer Gold Warrant Advance, whether the Discounted Value of the Clearing Member Customer Gold Warrants identified in the applicable Collateral Notice is at least equal after giving effect to the amount of Loans requested in such Clearing Member Customer Gold Warrant Advanceany concurrent redesignation pursuant to Section 2.13). As soon as practicable, (x) the Collateral Agent shall deliver a copy of the Collateral Notice to the Administrative Agent and (y) the Administrative Agent shall deliver a copy of any such received Collateral Notice to the Banks and further notify the Banks of such determination described above of the Collateral Agent. (iii) Subject to the satisfaction of the applicable conditions precedent set forth in Article V, not later than the Applicable AA Funds Delivery Deadline, the Administrative Agent shall, using the proceeds provided by the Banks pursuant to Section 4.1 for such requested Advance, or any additional proceeds that may be provided on behalf of the Banks by the Administrative Agent as provided in this Agreement, make available to the Company in immediately available funds the requested Advance (or, (1) in the case of an Advance other than a Clearing Member Customer Gold Warrant Advance, if the such Collateral Pool is not then sufficient to collateralize the requested Advance as required hereby, the portion thereof that is so collateralized by the such Collateral Pool and (2) in the case of a Clearing Member Customer Gold Warrant Advance, if the Discounted Value of the Clearing Member Customer Gold Warrants set forth in the applicable Collateral Notice is less than the amount of the Loans requested in such Clearing Member Customer Gold Warrant Advance, the portion thereof that is equal to the Discounted Value of such Clearing Member Customer Gold WarrantsPool) (x) in the case of an Advance (other than a Clearing Member Customer Gold Warrant Advance) to be made in U.S. Dollars, Canadian Dollars, Euro or Sterling, by depositing such funds into the deposit account of the Company maintained with the Administrative Agent specified in the Advance Request, Request or (y) in the case of an Advance (other than a Clearing Member Customer Gold Warrant Advance) to be made in a currency other than U.S. Dollars, Canadian Dollars, Euro or Sterling (and to the extent requested by the Company), by wire transfer of such funds to an account of the Company maintained with the Administrative Agent or another financial institution (as specified in the Advance Request) (and for purposes of clause (y) above, the Applicable AA Funds Delivery Deadline shall be determined by the time the Administrative Agent initiates such wire transfer of such funds and not the time received by any such other financial institution) or (z) in the case of a Clearing Member Customer Gold Warrant Advance, by wire transfer of such funds to one or more Clearing Member Customer Gold Warrant Advance Deposit Accounts); provided that, in the event that (1) the applicable Collateral Pool is not sufficient to so collateralize the requested Advance (in the case of an Advance that is not a Clearing Member Customer Gold Warrant Advance) or (2) the Discounted Value of the Clearing Member Customer Gold Warrants in the applicable Collateral Notice is less than the amount of the Loans requested in a Clearing Member Customer Gold Warrant Advance, in each case, the Collateral Agent shall notify the Company and the Administrative Agent thereof and the Company may post additional Collateral to the applicable Collateral Pool within one Business Day of such notice (including, without limitation, by withdrawing any Company Security in accordance with Section 2.9(b) and posting such Company Security as additional Collateral with respect to the applicable Clearing Fund Collateral Pool) and upon the posting of such additional Collateral to the applicable Collateral Pool, the Administrative Agent shall make available to the Company a corresponding amount of the funds deposited by the Banks in accordance with Section 4.1. In the event that the Company fails to post sufficient additional Collateral to the applicable Collateral Pool to collateralize the requested Advance as required hereby within one Business Day following such notice from the Collateral Agent of the insufficiency of the applicable Collateral Pool, the Administrative Agent shall return any excess proceeds provided by the Banks to the Banks ratably in accordance with the amounts funded by each Bank. Any funds held by the Administrative Agent during any such period prior to being made as an Advance or returned to the Banks in accordance with this Section 3.1(b)(iii) being referred to herein as “Held Funds”.

Advance Determination. (i) Immediately as commercially practicable following the delivery of an Advance Request in accordance with Section 3.1(a), the Administrative Agent shall (A) notify each Bank with a commitment under the Applicable Tranche in writing of the Company’s request for an Advance and such Bank’s pro rata share of the Advance (any such notice, a “Bank Notice”) (and to the extent the Company has delivered a form FR U-1 in connection with such request, make available to the Banks such form FR U-1 via the Platform or other approved method of delivery) and (B) provide to the Collateral Agent and the Collateral Monitoring Agent (x) a copy of the applicable Advance Request and (y) a notice stating the principal amount of Loans then outstanding under each Applicable Tranche (and before giving effect to such Advance requested in such Advance Request Confirmation) (any such notice described in clause (y), an “Outstanding Loan Notice”). (ii) The Collateral Monitoring Agent shall, within 45 minutes of receipt of the later of the applicable Collateral Notice and the Outstanding Loan Notice, (i) determine the Market Value of (A) the Collateral Pool (which, in the case of a Clearing Member Customer Gold Warrant Advance, shall include the proceeds of the Loans funded pursuant to such Clearing Member Customer Gold Warrant Advance and deposited in one or more Clearing Member Customer Gold Warrant Advance Deposit Accounts), (B) the Borrowing Base and, (C) in the case of a Clearing Member Customer Gold Warrant Advance, the Clearing Member Customer Gold Warrants identified in such Collateral NoticeBase, (ii) notify the Company and the Collateral Agent (by telephone and electronic communication, such as email, at the contact information provided in the Advance Request) and the Administrative Agent (by telephone at the contact information set forth on Schedule 13.1) of the Collateral Monitoring Agent’s determination of the Market Value of the Collateral Pool, Pool and the Borrowing Base and, in the case of a Clearing Member Customer Gold Warrant Advance, the Clearing Member Customer Gold Warrants identified in such Collateral Notice, and the Collateral Agent, based solely on information provided by the Collateral Monitoring Agent, upon which it may conclusively rely, will confirm whether the Collateral Pool is sufficient for the Borrowing Base to collateralize the Company’s requested Advance (and, in the case of a Clearing Member Customer Gold Warrant Advance, whether the Discounted Value of the Clearing Member Customer Gold Warrants identified in the applicable Collateral Notice is at least equal to the amount of Loans requested in such Clearing Member Customer Gold Warrant Advance). As soon as practicable, (x) the Collateral Agent shall deliver a copy of the Collateral Notice to the Administrative Agent and (y) the Administrative Agent shall deliver a copy of any such received Collateral Notice to the Banks and further notify the Banks of such determination described above of the Collateral Agent. (iii) Subject to the satisfaction of the applicable conditions precedent set forth in Article V, not later than the Applicable AA Funds Delivery Deadline, the Administrative Agent shall, using the proceeds provided by the Banks pursuant to Section 4.1 for such requested Advance, or any additional proceeds that may be provided on behalf of the Banks by the Administrative Agent as provided in this Agreement, make available to the Company in immediately available funds the requested Advance (or, (1) in the case of an Advance other than a Clearing Member Customer Gold Warrant Advance, if the Collateral Pool is not then sufficient to collateralize the requested Advance as required hereby, the portion thereof that is so collateralized by the Collateral Pool and (2) in the case of a Clearing Member Customer Gold Warrant Advance, if the Discounted Value of the Clearing Member Customer Gold Warrants set forth in the applicable Collateral Notice is less than the amount of the Loans requested in such Clearing Member Customer Gold Warrant Advance, the portion thereof that is equal to the Discounted Value of such Clearing Member Customer Gold WarrantsPool) (x) in the case of an Advance (other than a Clearing Member Customer Gold Warrant Advance) to be made in U.S. Dollars, Canadian Dollars, Euro or Sterling, by depositing such funds into the deposit account of the Company maintained with the Administrative Agent specified in the Advance Request, Request or (y) in the case of an Advance (other than a Clearing Member Customer Gold Warrant Advance) to be made in a currency other than U.S. Dollars, Canadian Dollars, Euro or Sterling (and to the extent requested by the Company), by wire transfer of such funds to an account of the Company maintained with the Administrative Agent or another financial institution (as specified in the Advance Request) (and for purposes of clause (y) above, the Applicable AA Funds Delivery Deadline shall be determined by the time the Administrative Agent initiates such wire transfer of such funds and not the time received by any such other financial institution) or (z) in the case of a Clearing Member Customer Gold Warrant Advance, by wire transfer of such funds to one or more Clearing Member Customer Gold Warrant Advance Deposit Accounts); provided that, in the event that (1) the Collateral Pool is not sufficient to so collateralize the requested Advance (in the case of an Advance that is not a Clearing Member Customer Gold Warrant Advance) or (2) the Discounted Value of the Clearing Member Customer Gold Warrants in the applicable Collateral Notice is less than the amount of the Loans requested in a Clearing Member Customer Gold Warrant Advance, in each case, the Collateral Agent shall notify the Company and the Administrative Agent thereof and the Company may post additional Collateral to the Collateral Pool within one Business Day of such notice (including, without limitation, by withdrawing any Company Security in accordance with Section 2.9(b) and posting such Company Security as additional Collateral with respect to the Collateral Pool) and upon the posting of such additional Collateral to the Collateral Pool, the Administrative Agent shall make available to the Company a corresponding amount of the funds deposited by the Banks in accordance with Section 4.1. In the event that the Company fails to post sufficient additional Collateral to the Collateral Pool to collateralize the requested Advance as required hereby within one Business Day following such notice from the Collateral Agent of the insufficiency of the Collateral Pool, the Administrative Agent shall return any excess proceeds provided by the Banks to the Banks ratably in accordance with the amounts funded by each Bank. Any funds held by the Administrative Agent during any such period prior to being made as an Advance or returned to the Banks in accordance with this Section 3.1(b)(iii) being referred to herein as “Held Funds”.

Advance Determination. (i) Immediately as commercially practicable following the delivery of an Advance Request in accordance with Section 3.1(a), the Administrative Agent shall (A) notify each Bank with a commitment under the Applicable Tranche in writing of the Company’s request for an Advance and such Bank’s pro rata share of the Advance (any such notice, a “Bank Notice”) (and to the extent the Company has delivered a form FR U-1 in connection with such request, make available to the Banks such form FR U-1 via the Platform or other approved method of delivery) and (B) provide to the Collateral Agent and the Collateral Monitoring Agent (x) a copy of the applicable Advance Request and (y) a notice stating the principal amount of Loans then outstanding under each Applicable Tranche (and before giving effect to such Advance requested in such Advance Request Confirmation) (any such notice described in clause (y), an “Outstanding Loan Notice”). (ii) The Collateral Monitoring Agent shall, within 45 minutes of receipt of the later of the applicable Collateral Notice and the Outstanding Loan Notice, (i) determine the Market Value of (A) the Clearing Fund Collateral Pool (whichor the GFX Collateral Pool, in as applicable, and the case of a Clearing Member Customer Gold Warrant Advance, shall include the proceeds of the Loans funded pursuant to such Clearing Member Customer Gold Warrant Advance and deposited in one or more Clearing Member Customer Gold Warrant Advance Deposit Accounts), (B) the corresponding Borrowing Base and, (C) in the case of a Clearing Member Customer Gold Warrant Advance, the Clearing Member Customer Gold Warrants identified in such Collateral NoticeBase, (ii) notify the Company and the Collateral Agent (by telephone and electronic communication, such as email, at the contact information provided in the Advance Request) and the Administrative Agent (by telephone at the contact information set forth on Schedule 13.1) of the Collateral Monitoring Agent’s determination of the Market Value of the applicable Collateral Pool, Pool and the corresponding Borrowing Base and, in the case of a Clearing Member Customer Gold Warrant Advance, the Clearing Member Customer Gold Warrants identified in such Collateral Notice, and the Collateral Agent, based solely on information provided by the Collateral Monitoring Agent, upon which it may conclusively rely, will confirm whether the such applicable Collateral Pool is sufficient for the corresponding Borrowing Base to collateralize the Company’s requested Advance (and, in the case of a Clearing Member Customer Gold Warrant Advance, whether the Discounted Value of the Clearing Member Customer Gold Warrants identified in the applicable Collateral Notice is at least equal to the amount of Loans requested in such Clearing Member Customer Gold Warrant Advance). As soon as practicable, (x) the Collateral Agent shall deliver a copy of the Collateral Notice to the Administrative Agent and (y) the Administrative Agent shall deliver a copy of any such received Collateral Notice to the Banks and further notify the Banks of such determination described above of the Collateral Agent. (iii) Subject to the satisfaction of the applicable conditions precedent set forth in Article V, not later than the Applicable AA Funds Delivery Deadline, the Administrative Agent shall, using the proceeds provided by the Banks pursuant to Section 4.1 for such requested Advance, or any additional proceeds that may be provided on behalf of the Banks by the Administrative Agent as provided in this Agreement, make available to the Company in immediately available funds the requested Advance (or, (1) in the case of an Advance other than a Clearing Member Customer Gold Warrant Advance, if the such Collateral Pool is not then sufficient to collateralize the requested Advance as required hereby, the portion thereof that is so collateralized by the such Collateral Pool and (2) in the case of a Clearing Member Customer Gold Warrant Advance, if the Discounted Value of the Clearing Member Customer Gold Warrants set forth in the applicable Collateral Notice is less than the amount of the Loans requested in such Clearing Member Customer Gold Warrant Advance, the portion thereof that is equal to the Discounted Value of such Clearing Member Customer Gold WarrantsPool) (x) in the case of an Advance (other than a Clearing Member Customer Gold Warrant Advance) to be made in U.S. Dollars, Canadian Dollars, Euro or Sterling, by depositing such funds into the deposit account of the Company maintained with the Administrative Agent specified in the Advance Request, Request or (y) in the case of an Advance (other than a Clearing Member Customer Gold Warrant Advance) to be made in a currency other than U.S. Dollars, Canadian Dollars, Euro or Sterling (and to the extent requested by the Company), by wire transfer of such funds to an account of the Company maintained with the Administrative Agent or another financial institution (as specified in the Advance Request) (and for purposes of clause (y) above, the Applicable AA Funds Delivery Deadline shall be determined by the time the Administrative Agent initiates such wire transfer of such funds and not the time received by any such other financial institution) or (z) in the case of a Clearing Member Customer Gold Warrant Advance, by wire transfer of such funds to one or more Clearing Member Customer Gold Warrant Advance Deposit Accounts); provided that, in the event that (1) the applicable Collateral Pool is not sufficient to so collateralize the requested Advance (in the case of an Advance that is not a Clearing Member Customer Gold Warrant Advance) or (2) the Discounted Value of the Clearing Member Customer Gold Warrants in the applicable Collateral Notice is less than the amount of the Loans requested in a Clearing Member Customer Gold Warrant Advance, in each case, the Collateral Agent shall notify the Company and the Administrative Agent thereof and the Company may post additional Collateral to the applicable Collateral Pool within one Business Day of such notice (including, without limitation, by withdrawing any Company Security in accordance with Section 2.9(b) and posting such Company Security as additional Collateral with respect to the Clearing Fund Collateral Pool) and upon the posting of such additional Collateral to the applicable Collateral Pool, the Administrative Agent shall make available to the Company a corresponding amount of the funds deposited by the Banks in accordance with Section 4.1. In the event that the Company fails to post sufficient additional Collateral to the applicable Collateral Pool to collateralize the requested Advance as required hereby within one Business Day following such notice from the Collateral Agent of the insufficiency of the applicable Collateral Pool, the Administrative Agent shall return any excess proceeds provided by the Banks to the Banks ratably in accordance with the amounts funded by each Bank. Any funds held by the Administrative Agent during any such period prior to being made as an Advance or returned to the Banks in accordance with this Section 3.1(b)(iii) being referred to herein as “Held Funds”.

Advance Determination. (i) i. Immediately as commercially practicable following the delivery of an Advance Request in accordance with Section 3.1(a), the Administrative Agent shall (A) notify each Bank with a commitment under the Applicable Tranche in writing of the Company’s request for an Advance and such Bank’s pro rata share of the Advance (any such notice, a “Bank Notice”) (and to the extent the Company has delivered a form FR U-1 in connection with such request, make available to the Banks such form FR U-1 via the Platform or other approved method of delivery) and (B) provide to the Collateral Agent and the Collateral Monitoring Agent (x) a copy of the applicable Advance Request and (y) a notice stating the principal amount of Loans then outstanding under each Applicable Tranche (and before giving effect to such Advance 136129539 requested in such Advance Request Confirmation) (any such notice described in clause (y), an “Outstanding Loan Notice”). (ii) . The Collateral Monitoring Agent shall, within 45 minutes of receipt of the later of the applicable Collateral Notice and the Outstanding Loan Notice, (i) determine the Market Value of (A) the Collateral Pool (which, in the case of a Clearing Member Customer Gold Warrant Advance, shall include the proceeds of the Loans funded pursuant to such Clearing Member Customer Gold Warrant Advance and deposited in one or more Clearing Member Customer Gold Warrant Advance Deposit Accounts), (B) the Borrowing Base and, (C) in the case of a Clearing Member Customer Gold Warrant Advance, the Clearing Member Customer Gold Warrants identified in such Collateral Notice, (ii) notify the Company and the Collateral Agent (by telephone and electronic communication, such as email, at the contact information provided in the Advance Request) and the Administrative Agent (by telephone at the contact information set forth on Schedule 13.1) of the Collateral Monitoring Agent’s determination of the Market Value of the Collateral Pool, the Borrowing Base and, in the case of a Clearing Member Customer Gold Warrant Advance, the Clearing Member Customer Gold Warrants identified in such Collateral Notice, and the Collateral Agent, based solely on information provided by the Collateral Monitoring Agent, upon which it may conclusively rely, will confirm whether the Collateral Pool is sufficient for the Borrowing Base to collateralize the Company’s requested Advance (and, in the case of a Clearing Member Customer Gold Warrant Advance, whether the Discounted Value of the Clearing Member Customer Gold Warrants identified in the applicable Collateral Notice is at least equal to the amount of Loans requested in such Clearing Member Customer Gold Warrant Advance). As soon as practicable, (x) the Collateral Agent shall deliver a copy of the Collateral Notice to the Administrative Agent and (y) the Administrative Agent shall deliver a copy of any such received Collateral Notice to the Banks and further notify the Banks of such determination described above of the Collateral Agent. (iii) . Subject to the satisfaction of the applicable conditions precedent set forth in Article V, not later than the Applicable AA Funds Delivery Deadline, the Administrative Agent shall, using the proceeds provided by the Banks pursuant to Section 4.1 for such requested Advance, or any additional proceeds that may be provided on behalf of the Banks by the Administrative Agent as provided in this Agreement, make available to the Company in immediately available funds the requested Advance (or, (1) in the case of an Advance other than a Clearing Member Customer Gold Warrant Advance, if the Collateral Pool is not then sufficient to collateralize the requested Advance as required hereby, the portion thereof that is so collateralized by the Collateral Pool and (2) in the case of a Clearing Member Customer Gold Warrant Advance, if the Discounted Value of the Clearing Member Customer Gold Warrants set forth in the applicable Collateral Notice is less than the amount of the Loans requested in such Clearing Member Customer Gold Warrant Advance, the portion thereof that is equal to the Discounted Value of such Clearing Member Customer Gold Warrants) (x) in the case of an Advance (other than a Clearing Member Customer Gold Warrant Advance) to be made in U.S. Dollars, Canadian Dollars, Euro or Sterling, by depositing such funds into the deposit account of the Company maintained with the Administrative Agent specified in the Advance Request, (y) in the case of an Advance (other than a Clearing Member Customer Gold Warrant Advance) to be made in a currency other than U.S. Dollars, Canadian Dollars, Euro or Sterling (and to the extent 136129539 requested by the Company), by wire transfer of such funds to an account of the Company maintained with the Administrative Agent or another financial institution (as specified in the Advance Request) (and for purposes of clause (y) above, the Applicable AA Funds Delivery Deadline shall be determined by the time the Administrative Agent initiates such wire transfer of such funds and not the time received by any such other financial institution) or (z) in the case of a Clearing Member Customer Gold Warrant Advance, by wire transfer of such funds to one or more Clearing Member Customer Gold Warrant Advance Deposit Accounts; provided that, in the event that (1) the Collateral Pool is not sufficient to so collateralize the requested Advance (in the case of an Advance that is not a Clearing Member Customer Gold Warrant Advance) or (2) the Discounted Value of the Clearing Member Customer Gold Warrants in the applicable Collateral Notice is less than the amount of the Loans requested in a Clearing Member Customer Gold Warrant Advance, in each case, the Collateral Agent shall notify the Company and the Administrative Agent thereof and the Company may post additional Collateral to the Collateral Pool within one Business Day of such notice (including, without limitation, by withdrawing any Company Security in accordance with Section 2.9(b) and posting such Company Security as additional Collateral with respect to the Collateral Pool) and upon the posting of such additional Collateral to the Collateral Pool, the Administrative Agent shall make available to the Company a corresponding amount of the funds deposited by the Banks in accordance with Section 4.1. In the event that the Company fails to post sufficient additional Collateral to the Collateral Pool to collateralize the requested Advance as required hereby within one Business Day following such notice from the Collateral Agent of the insufficiency of the Collateral Pool, the Administrative Agent shall return any excess proceeds provided by the Banks to the Banks ratably in accordance with the amounts funded by each Bank. Any funds held by the Administrative Agent during any such period prior to being made as an Advance or returned to the Banks in accordance with this Section 3.1(b)(iii) being referred to herein as “Held Funds”.

Advance Determination. (i) Immediately as commercially practicable following the delivery of an Advance Request in accordance with Section 3.1(a), the Administrative Agent shall (A) notify each Bank with a commitment under the Applicable Tranche in writing of the Company’s request for an Advance and such Bank’s pro rata share of the Advance (any such notice, a “Bank Notice”) (and to the extent the Company has delivered a form FR U-1 in connection with such request, make available to the Banks such form FR U-1 via the Platform or other approved method of delivery) and (B) provide to the Collateral Agent and the Collateral Monitoring Agent (x) a copy of the applicable Advance Request and (y) a notice stating the principal amount of Loans then outstanding under each Applicable Tranche (and before giving effect to such Advance requested in such Advance Request Confirmation) (any such notice described in clause (y), an “Outstanding Loan Notice”). (ii) The Collateral Monitoring Agent shall, within 45 minutes of receipt of the later of the applicable Collateral Notice and the Outstanding Loan Notice, (i) determine the Market Value of (A) the applicable Clearing Fund Collateral Pool (whichor the Company Collateral Pool, in as applicable, and the case of a Clearing Member Customer Gold Warrant Advance, shall include the proceeds of the Loans funded pursuant to such Clearing Member Customer Gold Warrant Advance and deposited in one or more Clearing Member Customer Gold Warrant Advance Deposit Accounts), (B) the corresponding Borrowing Base and, (C) in the case of a Clearing Member Customer Gold Warrant Advance, the Clearing Member Customer Gold Warrants identified in such Collateral NoticeBase, (ii) notify the Company and the Collateral Agent (by telephone and electronic communication, such as email, at the contact information provided in the Advance Request) and the Administrative Agent (by telephone at the contact information set forth on Schedule 13.1) of the Collateral Monitoring Agent’s determination of the Market Value of the applicable Collateral Pool, Pool and the corresponding Borrowing Base and, in the case of a Clearing Member Customer Gold Warrant Advance, the Clearing Member Customer Gold Warrants identified in and whether such Collateral Notice, and the Collateral Agent, based solely on information provided by the Collateral Monitoring Agent, upon which it may conclusively rely, will confirm whether the applicable Collateral Pool is sufficient for the corresponding Borrowing Base to collateralize the Company’s requested Advance (and, in the case of a Clearing Member Customer Gold Warrant Advance, whether the Discounted Value of the Clearing Member Customer Gold Warrants identified in the applicable Collateral Notice is at least equal after giving effect to the amount of Loans requested in such Clearing Member Customer Gold Warrant Advanceany concurrent redesignation pursuant to Section 2.13). As soon as practicable, (x) the Collateral Agent shall deliver a copy of the Collateral Notice to the Administrative Agent and (y) the Administrative Agent shall deliver a copy of any such received Collateral Notice to the Banks and further notify the Banks of such determination described above of the Collateral Agent. (iii) Subject to the satisfaction of the applicable conditions precedent set forth in Article V, not later than the Applicable AA Funds Delivery Deadline, the Administrative Agent shall, using the proceeds provided by the Banks pursuant to Section 4.1 for such requested Advance, or any additional proceeds that may be provided on behalf of the Banks by the Administrative Agent as provided in this Agreement, make available to the Company in immediately available funds the requested Advance (or, (1) in the case of an Advance other than a Clearing Member Customer Gold Warrant Advance, if the such Collateral Pool is not then sufficient to collateralize the requested Advance as required hereby, the portion thereof that is so collateralized by the such Collateral Pool and (2Pool) in the case of a Clearing Member Customer Gold Warrant Advance, if the Discounted Value of the Clearing Member Customer Gold Warrants set forth in the applicable Collateral Notice is less than the amount of the Loans requested in such Clearing Member Customer Gold Warrant Advance, the portion thereof that is equal to the Discounted Value of such Clearing Member Customer Gold Warrants) (x) in the case of an Advance (other than a Clearing Member Customer Gold Warrant Advance) to be made in U.S. Dollars, Canadian Dollars, Euro or Sterling, by depositing such funds into the deposit account of the Company maintained with the Administrative Agent specified in the Advance Request, (y) in the case of an Advance (other than a Clearing Member Customer Gold Warrant Advance) to be made in a currency other than U.S. Dollars, Canadian Dollars, Euro or Sterling (and to the extent requested by the Company), by wire transfer of such funds to an account of the Company maintained with the Administrative Agent or another financial institution (as specified in the Advance Request) (and for purposes of clause (y) above, the Applicable AA Funds Delivery Deadline shall be determined by the time the Administrative Agent initiates such wire transfer of such funds and not the time received by any such other financial institution) or (z) in the case of a Clearing Member Customer Gold Warrant Advance, by wire transfer of such funds to one or more Clearing Member Customer Gold Warrant Advance Deposit Accounts; provided that, in the event that (1) the applicable Collateral Pool is not sufficient to so collateralize the requested Advance (in the case of an Advance that is not a Clearing Member Customer Gold Warrant Advance) or (2) the Discounted Value of the Clearing Member Customer Gold Warrants in the applicable Collateral Notice is less than the amount of the Loans requested in a Clearing Member Customer Gold Warrant Advance, in each case, the Collateral Agent shall notify the Company and the Administrative Agent thereof and the Company may post additional Collateral to the applicable Collateral Pool within one Business Day of such notice (including, without limitation, by withdrawing any Company Security in accordance with Section 2.9(b) and posting such Company Security as additional Collateral with respect to the applicable Clearing Fund Collateral Pool) and upon the posting of such additional Collateral to the applicable Collateral Pool, the Administrative Agent shall make available to the Company a corresponding amount of the funds deposited by the Banks in accordance with Section 4.1. In the event that the Company fails to post sufficient additional Collateral to the applicable Collateral Pool to collateralize the requested Advance as required hereby within one Business Day following such notice from the Collateral Agent of the insufficiency of the applicable Collateral Pool, the Administrative Agent shall return any excess proceeds provided by the Banks to the Banks ratably in accordance with the amounts funded by each Bank. Any funds held by the Administrative Agent during any such period prior to being made as an Advance or returned to the Banks in accordance with this Section 3.1(b)(iii) being referred to herein as “Held Funds”.

Advance Determination. (i) Immediately as commercially practicable following the delivery of an Advance Request in accordance with Section 3.1(a), the Administrative Agent shall (A) notify each Bank with a commitment under the Applicable Tranche in writing of the Company’s request for an Advance and such Bank’s pro rata share of the Advance (any such notice, a “Bank Notice”) (and to the extent the Company has delivered a form FR U-1 in connection with such request, make available to the Banks such form FR U-1 via the Platform or other approved method of delivery) and (B) provide to the Collateral Agent and the Collateral Monitoring Agent (x) a copy of the applicable Advance Request and (y) a notice stating the principal amount of Loans then outstanding under each Applicable Tranche (and before giving effect to such Advance requested in such Advance Request Confirmation) (any such notice described in clause (y), an “Outstanding Loan Notice”). (ii) The Collateral Monitoring Agent shall, within 45 minutes of receipt of the later of the applicable Collateral Notice and the Outstanding Loan Notice, (i) determine the Market Value of (A) the Collateral Pool (which, in the case of a Clearing Member Customer Gold Warrant Advance, shall include the proceeds of the Loans funded pursuant to such Clearing Member Customer Gold Warrant Advance and deposited in one or more Clearing Member Customer Gold Warrant Advance Deposit Accounts), (B) the Borrowing Base and, (C) in the case of a Clearing Member Customer Gold Warrant Advance, the Clearing Member Customer Gold Warrants identified in such Collateral NoticeBase, (ii) notify the Company and the Collateral Agent (by telephone and electronic communication, such as email, at the contact information provided in the Advance Request) and the Administrative Agent (by telephone at the contact information set forth on Schedule 13.1) of the Collateral Monitoring Agent’s determination of the Market Value of the Collateral Pool, Pool and the Borrowing Base and, in the case of a Clearing Member Customer Gold Warrant Advance, the Clearing Member Customer Gold Warrants identified in such Collateral Notice, and the Collateral Agent, based solely on information provided by the Collateral Monitoring Agent, upon which it may conclusively rely, will confirm whether the Collateral Pool is sufficient for the Borrowing Base to collateralize the Company’s requested Advance (and, in the case of a Clearing Member Customer Gold Warrant Advance, whether the Discounted Value of the Clearing Member Customer Gold Warrants identified in the applicable Collateral Notice is at least equal to the amount of Loans requested in such Clearing Member Customer Gold Warrant Advance). As soon as practicable, (x) the Collateral Agent shall deliver a copy of the Collateral Notice to the Administrative Agent and (y) the Administrative Agent shall deliver a copy of any such received Collateral Notice to the Banks and further notify the Banks of such determination described above of the Collateral Agent. (iii) Subject to the satisfaction of the applicable conditions precedent set forth in Article V, not later than the Applicable AA Funds Delivery Deadline, the Administrative Agent shall, using the proceeds provided by the Banks pursuant to Section 4.1 for such requested Advance, or any additional proceeds that may be provided on behalf of the Banks by the Administrative Agent as provided in this Agreement, make available to the Company in immediately available funds the requested Advance (or, (1) in the case of an Advance other than a Clearing Member Customer Gold Warrant Advance, if the Collateral Pool is not then sufficient to collateralize the requested Advance as required hereby, the portion thereof that is so collateralized by the Collateral Pool and (2) in the case of a Clearing Member Customer Gold Warrant Advance, if the Discounted Value of the Clearing Member Customer Gold Warrants set forth in the applicable Collateral Notice is less than the amount of the Loans requested in such Clearing Member Customer Gold Warrant Advance, the portion thereof that is equal to the Discounted Value of such Clearing Member Customer Gold Warrants) (x) in the case of an Advance (other than a Clearing Member Customer Gold Warrant Advance) to be made in U.S. Dollars, Canadian Dollars, Euro or Sterling, by depositing such funds into the deposit account of the Company maintained with the Administrative Agent specified in the Advance Request, (y) in the case of an Advance (other than a Clearing Member Customer Gold Warrant Advance) to be made in a currency other than U.S. Dollars, Canadian Dollars, Euro or Sterling (and to the extent requested by the Company), by wire transfer of such funds to an account of the Company maintained with the Administrative Agent or another financial institution (as specified in the Advance Request) (and for purposes of clause (y) above, the Applicable AA Funds Delivery Deadline shall be determined by the time the Administrative Agent initiates such wire transfer of such funds and not the time received by any such other financial institution) or (z) in the case of a Clearing Member Customer Gold Warrant Advance, by wire transfer of such funds to one or more Clearing Member Customer Gold Warrant Advance Deposit Accounts; provided that, in the event that (1) the Collateral Pool is not sufficient to so collateralize the requested Advance (in the case of an Advance that is not a Clearing Member Customer Gold Warrant Advance) or (2) the Discounted Value of the Clearing Member Customer Gold Warrants in the applicable Collateral Notice is less than the amount of the Loans requested in a Clearing Member Customer Gold Warrant Advance, in each case, the Collateral Agent shall notify the Company and the Administrative Agent thereof and the Company may post additional Collateral to the Collateral Pool within one Business Day of such notice (including, without limitation, by withdrawing any Company Security in accordance with Section 2.9(b) and posting such Company Security as additional Collateral with respect to the Collateral Pool) and upon the posting of such additional Collateral to the Collateral Pool, the Administrative Agent shall make available to the Company a corresponding amount of the funds deposited by the Banks in accordance with Section 4.1. In the event that the Company fails to post sufficient additional Collateral to the Collateral Pool to collateralize the requested Advance as required hereby within one Business Day following such notice from the Collateral Agent of the insufficiency of the Collateral Pool, the Administrative Agent shall return any excess proceeds provided by the Banks to the Banks ratably in accordance with the amounts funded by each Bank. Any funds held by the Administrative Agent during any such period prior to being made as an Advance or returned to the Banks in accordance with this Section 3.1(b)(iii) being referred to herein as “Held Funds”.in

Advance Determination. (i) Immediately as commercially practicable following the delivery of an Advance Request in accordance with Section 3.1(a), the Administrative Agent shall (A) notify each Bank with a commitment under the Applicable Tranche applicable Facility in writing of the Company’s request for an Advance and such Bank’s pro rata share of the Advance (any such notice, a “Bank Notice”) (and to the extent the Company has delivered a form FR U-1 in connection with such request, make available to the Banks such form FR U-1 via the Platform or other approved method of delivery) and (B) provide to the Collateral Agent and the Collateral Monitoring Agent (x) a copy of the applicable Advance Request Confirmation and (y) a notice stating the principal amount of MC Loans and USD Loans then outstanding under each Applicable Tranche (and before giving effect to such Advance requested in such Advance Request Confirmation) (any such notice described in clause (y)notice, an a “Outstanding Loan Notice”). (ii) The Collateral Monitoring Agent shall, within 45 minutes of receipt of the later of the applicable Collateral Notice and the Outstanding Loan Notice, (i) determine the Market Value of (A) the applicable Clearing Fund Collateral Pool (whichor the Company Collateral Pool, in as applicable, and the case of a Clearing Member Customer Gold Warrant Advance, shall include the proceeds of the Loans funded pursuant to such Clearing Member Customer Gold Warrant Advance and deposited in one or more Clearing Member Customer Gold Warrant Advance Deposit Accounts), (B) the corresponding Borrowing Base and, (C) in the case of a Clearing Member Customer Gold Warrant Advance, the Clearing Member Customer Gold Warrants identified in such Collateral NoticeBase, (ii) notify the Company and the Collateral Agent (by telephone and electronic communication, such as email, at the contact information provided in the Advance Request) and the Administrative Agent (by telephone at the contact information set forth on Schedule 13.1) of the Collateral Monitoring Agent’s determination of the Market Value of the applicable Collateral Pool, Pool and the corresponding Borrowing Base and, in the case of a Clearing Member Customer Gold Warrant Advance, the Clearing Member Customer Gold Warrants identified in and whether such Collateral Notice, and the Collateral Agent, based solely on information provided by the Collateral Monitoring Agent, upon which it may conclusively rely, will confirm whether the applicable Collateral Pool is sufficient for the corresponding Borrowing Base to collateralize the Company’s requested Advance (and, in the case of a Clearing Member Customer Gold Warrant Advance, whether the Discounted Value of the Clearing Member Customer Gold Warrants identified in the applicable Collateral Notice is at least equal after giving effect to the amount of Loans requested in such Clearing Member Customer Gold Warrant Advanceany concurrent redesignation pursuant to Section 2.13). As soon as practicable, (x) the Collateral Agent shall deliver a copy of the Collateral Notice to the Administrative Agent and (y) the Administrative Agent shall deliver a copy of any such received Collateral Notice to the Banks and further notify the Banks of such determination described above of the Collateral Agent. (iii) Subject to the satisfaction of the applicable conditions precedent set forth in Article V, (x) in the case of an Advance denominated in Dollars, not later than the Applicable AA Funds Delivery Deadlinelater of (A) the earlier of (1) 60 minutes following the Administrative Agent’s receipt of the applicable Advance Notice and (2) 5:45 p.m. (New York City time) or (B) immediately as commercially practicable after Administrative Agent receipt of such proceeds provided by the Banks pursuant to Section 4.1, or (y) in the case of an Advance denominated in an Alternative Currency, not later than the later of (A) the earlier of (1) 90 minutes following the Administrative Agent’s receipt of the applicable Advance Notice and 11:30 a.m. (London time) or (B) immediately as commercially practicable after Administrative Agent receipt of such proceeds provided by the Banks pursuant to Section 4.1, the Administrative Agent shall, using the proceeds provided by the Banks pursuant to Section 4.1 for such requested Advance, or any additional proceeds that may be provided on behalf of the Banks by the Administrative Agent as provided in this Agreement, make available to the Company in immediately available funds the requested Advance (or, (1) in the case of an Advance other than a Clearing Member Customer Gold Warrant Advance, if the such Collateral Pool is not then sufficient to collateralize the requested Advance as required hereby, the portion thereof that is so collateralized by the such Collateral Pool and (2Pool) in the case of a Clearing Member Customer Gold Warrant Advance, if the Discounted Value of the Clearing Member Customer Gold Warrants set forth in the applicable Collateral Notice is less than the amount of the Loans requested in such Clearing Member Customer Gold Warrant Advance, the portion thereof that is equal to the Discounted Value of such Clearing Member Customer Gold Warrants) (x) in the case of an Advance (other than a Clearing Member Customer Gold Warrant Advance) to be made in U.S. Dollars, Canadian Dollars, Euro or Sterling, by depositing such funds into the deposit account of the Company maintained with the Administrative Agent specified in the Advance Request, (y) in the case of an Advance (other than a Clearing Member Customer Gold Warrant Advance) to be made in a currency other than U.S. Dollars, Canadian Dollars, Euro or Sterling (and to the extent requested by the Company), by wire transfer of such funds to an account of the Company maintained with the Administrative Agent or another financial institution (as specified in the Advance Request) (and for purposes of clause (y) above, the Applicable AA Funds Delivery Deadline shall be determined by the time the Administrative Agent initiates such wire transfer of such funds and not the time received by any such other financial institution) or (z) in the case of a Clearing Member Customer Gold Warrant Advance, by wire transfer of such funds to one or more Clearing Member Customer Gold Warrant Advance Deposit Accounts; provided that, in the event that (1) the applicable Collateral Pool is not sufficient to so collateralize the requested Advance (in the case of an Advance that is not a Clearing Member Customer Gold Warrant Advance) or (2) the Discounted Value of the Clearing Member Customer Gold Warrants in the applicable Collateral Notice is less than the amount of the Loans requested in a Clearing Member Customer Gold Warrant Advance, in each case, the Collateral Agent shall notify the Company and the Administrative Agent thereof and the Company may post additional Collateral to the applicable Collateral Pool within one Business Day of such notice (including, without limitation, by withdrawing any Company Security in accordance with Section 2.9(b) and posting such Company Security as additional Collateral with respect to the applicable Clearing Fund Collateral Pool) and upon the posting of such additional Collateral to the applicable Collateral Pool, the Administrative Agent shall make available to the Company a corresponding amount of the funds deposited by the Banks in accordance with Section 4.1. In the event that the Company fails to post sufficient additional Collateral to the applicable Collateral Pool to collateralize the requested Advance as required hereby within one Business Day following such notice from the Collateral Agent of the insufficiency of the applicable Collateral Pool, the Administrative Agent shall return any excess proceeds provided by the Banks to the Banks ratably in accordance with the amounts funded by each Bank. Any funds held by the Administrative Agent during any such period prior to being made as an Advance or returned to the Banks in accordance with this Section 3.1(b)(iii) being referred to herein as “Held Funds”.

Advance Determination. (i) Immediately as commercially practicable following the delivery of an Advance Request in accordance with Section 3.1(a), the Administrative Agent shall (A) notify each Bank with a commitment under the Applicable Tranche in writing of the Company’s request for an Advance and such Bank’s pro rata share of the Advance (any such notice, a “Bank Notice”) (and to the extent the Company has delivered a form FR U-1 in connection with such request, make available to the Banks such form FR U-1 via the Platform or other approved method of delivery) and (B) provide to the Collateral Agent and the Collateral Monitoring Agent (x) a copy of the applicable Advance Request Confirmation and (y) a notice stating the principal amount of Loans then outstanding under each Applicable Tranche (and before giving effect to such Advance requested in such Advance Request Confirmation) (any such notice described in clause (y)notice, an “Outstanding Loan Notice”). (ii) The Collateral Monitoring Agent shall, within 45 minutes of receipt of the later of the applicable Collateral Notice and the Outstanding Loan Notice, (i) determine the Market Value of (A) the applicable Clearing Fund Collateral Pool (whichor the Company Collateral Pool, in as applicable, and the case of a Clearing Member Customer Gold Warrant Advance, shall include the proceeds of the Loans funded pursuant to such Clearing Member Customer Gold Warrant Advance and deposited in one or more Clearing Member Customer Gold Warrant Advance Deposit Accounts), (B) the corresponding Borrowing Base and, (C) in the case of a Clearing Member Customer Gold Warrant Advance, the Clearing Member Customer Gold Warrants identified in such Collateral NoticeBase, (ii) notify the Company and the Collateral Agent (by telephone and electronic communication, such as email, at the contact information provided in the Advance Request) and the Administrative Agent 00000000_11 (by telephone at the contact information set forth on Schedule 13.1) of the Collateral Monitoring Agent’s determination of the Market Value of the applicable Collateral Pool, Pool and the corresponding Borrowing Base and, in the case of a Clearing Member Customer Gold Warrant Advance, the Clearing Member Customer Gold Warrants identified in and whether such Collateral Notice, and the Collateral Agent, based solely on information provided by the Collateral Monitoring Agent, upon which it may conclusively rely, will confirm whether the applicable Collateral Pool is sufficient for the corresponding Borrowing Base to collateralize the Company’s requested Advance (and, in the case of a Clearing Member Customer Gold Warrant Advance, whether the Discounted Value of the Clearing Member Customer Gold Warrants identified in the applicable Collateral Notice is at least equal after giving effect to the amount of Loans requested in such Clearing Member Customer Gold Warrant Advanceany concurrent redesignation pursuant to Section 2.13). As soon as practicable, (x) the Collateral Agent shall deliver a copy of the Collateral Notice to the Administrative Agent and (y) the Administrative Agent shall deliver a copy of any such received Collateral Notice to the Banks and further notify the Banks of such determination described above of the Collateral Agent. (iii) Subject to the satisfaction of the applicable conditions precedent set forth in Article V, not later than the Applicable AA Funds Delivery Deadline, the Administrative Agent shall, using the proceeds provided by the Banks pursuant to Section 4.1 for such requested Advance, or any additional proceeds that may be provided on behalf of the Banks by the Administrative Agent as provided in this Agreement, make available to the Company in immediately available funds the requested Advance (or, (1) in the case of an Advance other than a Clearing Member Customer Gold Warrant Advance, if the such Collateral Pool is not then sufficient to collateralize the requested Advance as required hereby, the portion thereof that is so collateralized by the such Collateral Pool and (2Pool) in the case of a Clearing Member Customer Gold Warrant Advance, if the Discounted Value of the Clearing Member Customer Gold Warrants set forth in the applicable Collateral Notice is less than the amount of the Loans requested in such Clearing Member Customer Gold Warrant Advance, the portion thereof that is equal to the Discounted Value of such Clearing Member Customer Gold Warrants) (x) in the case of an Advance (other than a Clearing Member Customer Gold Warrant Advance) to be made in U.S. Dollars, Canadian Dollars, Euro or Sterling, by depositing such funds into the deposit account of the Company maintained with the Administrative Agent specified in the Advance Request, (y) in the case of an Advance (other than a Clearing Member Customer Gold Warrant Advance) to be made in a currency other than U.S. Dollars, Canadian Dollars, Euro or Sterling (and to the extent requested by the Company), by wire transfer of such funds to an account of the Company maintained with the Administrative Agent or another financial institution (as specified in the Advance Request) (and for purposes of clause (y) above, the Applicable AA Funds Delivery Deadline shall be determined by the time the Administrative Agent initiates such wire transfer of such funds and not the time received by any such other financial institution) or (z) in the case of a Clearing Member Customer Gold Warrant Advance, by wire transfer of such funds to one or more Clearing Member Customer Gold Warrant Advance Deposit Accounts; provided that, in the event that (1) the applicable Collateral Pool is not sufficient to so collateralize the requested Advance (in the case of an Advance that is not a Clearing Member Customer Gold Warrant Advance) or (2) the Discounted Value of the Clearing Member Customer Gold Warrants in the applicable Collateral Notice is less than the amount of the Loans requested in a Clearing Member Customer Gold Warrant Advance, in each case, the Collateral Agent shall notify the Company and the Administrative Agent thereof and the Company may post additional Collateral to the applicable Collateral Pool within one Business Day of such notice (including, without limitation, by withdrawing any Company Security in accordance with Section 2.9(b) and posting such Company Security as additional Collateral with respect to the applicable Clearing Fund Collateral Pool) and upon the posting of such additional Collateral to the applicable Collateral Pool, the Administrative Agent shall make available to the Company a corresponding amount of the funds deposited by the Banks in accordance with Section 4.1. In the event that the Company fails to post sufficient additional Collateral to the applicable Collateral Pool to collateralize the requested Advance as required hereby within one Business Day following such notice from the Collateral Agent of the insufficiency of the applicable Collateral Pool, the Administrative Agent shall return any excess proceeds provided by the Banks to the Banks ratably in accordance with the amounts funded by each Bank. Any funds held by the Administrative Agent during any such period prior to being made as an Advance or returned to the Banks in accordance with this Section 3.1(b)(iii) being referred to herein as “Held Funds”.