Alternative Pricing Techniques Clause Samples

Alternative Pricing Techniques. In any case under this Agreement where a calculation is to be made using the COMEX Price for a Precious Metal (in the form of gold or silver) or the NYMEX Price for a Precious Metal (in the form of platinum or palladium), if the Borrower determines for any reason that such COMEX Price or NYMEX Price cannot be determined on the date required, then the Borrower shall immediately so notify the Administrative Agent and in lieu thereof the applicable price shall be the settlement price per ▇▇▇▇ ounce at the close of business on the Business Day immediately preceding such date for a contract traded on an exchange, operated by CME Group Inc. and acceptable to the Administrative Agent and the Required Lenders, to sell the relevant quantity of such Precious Metal for delivery in the nearest subsequent month for which such a contract is offered for sale; provided, however, if the Borrower shall determine for any reason that the value of such Precious Metal cannot be determined on the date required, then the Borrower shall immediately so notify the Administrative Agent, and in lieu thereof the Borrower, with the written concurrence of the Required Lenders (which they may withhold in their sole discretion), shall use its good faith judgment in determining the value of such Precious Metal for the purposes hereof. 103 The parties hereto have caused this Agreement to be duly executed and delivered by their duly authorized officers as of the date first set forth above. A-MARK PRECIOUS METALS, INC., as Borrower By: Name: Title: ▇▇ ▇▇▇▇▇▇▇, INC., as a Guarantor By: Name: Title: COLLATERAL FINANCE CORPORATION, as a Guarantor By: Name: Title: TRANSCONTINENTAL DEPOSITORY SERVICES, LLC, as a Guarantor By: Name: Title: A- M GLOBAL LOGISTICS, LLC, as a Guarantor By: Name: Title: AM&ST ASSOCIATES, LLC, as a Guarantor By: Name: Title: GOLDLINE, INC., as a Guarantor By: Name: Title: AM IP ASSETS, LLC, as a Guarantor By: Name: Title: AM SERVICES, INC., as a Guarantor By: Name: Title: CFC ALTERNATIVE INVESTMENTS, LLC, as a Guarantor By: Name: Title: GOLD PRICE GROUP, as a Guarantor By: Name: Title: ▇▇▇▇▇▇.▇▇▇, INC. as a Guarantor By: Name: Title: PROVIDENT METALS CORP, as a Guarantor By: Name: Title: BUY GOLD AND SILVER CORP. as a Guarantor By: Name: Title: MARKSMEN HOLDINGS, LLC as a Guarantor By: Name: Title: BX CORPORATION as a Guarantor By: Name: Title: CIBC BANK USA, as Agent, as Issu▇▇▇ ▇▇▇▇▇▇ ▇▇▇ as a Lender By: Name: Title: By: Name: Title: