Common use of AMOUNT OF CONSIGNMENT Clause in Contracts

AMOUNT OF CONSIGNMENT. Provided (i) no Notice of election to terminate this Agreement (as provided in Section 14 hereof) has been given by either party and (ii) no Event of Default nor any event which with notice or lapse of time, or both, would constitute an Event of Default has occurred hereunder, Consignor will Deliver from time to time to Consignee upon its request Precious Metal under the terms and conditions of this Agreement. In no event will Consignor be obligated to deliver Precious Metal if the aggregate amount of troy xxxces or Fair Market Value of Precious Metal requested when added to Consigned Precious Metal exceeds Consignee's Consignment Limit. Consignee acknowledges and confirms that, notwithstanding any other provision of this Agreement, upon its receipt of thirty (30) days' prior written Notice from the Consignor to the Consignee, which may be delivered at any time in the Consignor's sole discretion, THEN: (a) Consignor shall have no further obligation to deliver Precious Metal to Consignee; (b) any request made by Consignee thereafter for a Delivery of Precious Metal shall be reviewed by Consignor on a case-by-case basis; (c) the decision to make any subsequent Delivery shall be made by the Consignor thereafter in its sole and absolute discretion and irrespective of whether Consignee is in compliance with the requirements of this Agreement; and (d) thereafter Consignor shall have no commitment to Consignee to make any Delivery of Precious Metal to Consignee. The foregoing Notice requirement shall be a right of the Consignor in addition to, and shall not be deemed to otherwise modify or limit, the rights of the Consignor to terminate this Agreement pursuant to the terms of Section 14 hereof. If for any reason the number of troy xxxces or Fair Market value (or unpaid Purchase Price in the case of Consigned Precious Metal for which the Purchase Price has been agreed but payment has not been received by Consignor) of all Consigned Precious Metal at any time exceeds Consignee's Consignment Limit, Consignee shall immediately Redeliver to Consignor, or purchase and pay for, Precious Metal of a quantity, or with a Fair Market Value, sufficient to eliminate such excess. Consignor shall provide Consignee with a monthly statement of the quantity of Consigned Precious Metal (in whatever form) held by Consignee. If Consignee does not agree with the information reported in the statement, Consignee shall give Notice of such disagreement to Consignor within fifteen (15) days of the date of receipt of such statement. If Consignee fails to give Notice to Consignor within the fifteen (15) day period, Consignee shall be deemed to have affirmed the accuracy of the information reported in the statement and to have waived any claim Consignee may have by reason of a dispute as to such statement. on or about March 30 of each year, Consignee shall provide Consignor with a written confirmation, signed by a Duly Authorized Officer of Consignee, of the quantity of Consigned Precious Metal as of the date of such confirmation. Upon and after the occurrence of an Event of Default, Consignee shall provide to Consignor on a daily basis written confirmation, in form acceptable to Consignor, of the quantity and location of all Consigned Precious Metal. Consignee shall give Consignor at least two (2) full New York business days' Notice of its requirements for Precious Metal. Consignor shall not be liable to Consignee if Consignor fails to Deliver the Precious Metal by reason of an Act of God or other catastrophe, force majeure, lack of supply, delay in transportation, war or other hostilities, strike, lockout, epidemic, acts of government or other public authority, requirements of any regulatory board, agency or authority, unavoidable casualties or any other causes beyond Consignor's control. CONSIGNOR MAKES NO WARRANTY OF MERCHANTABILITY IN RESPECT TO PRECIOUS METAL CONSIGNED OR SOLD UNDER THIS AGREEMENT NOR OF FITNESS FOR ANY PARTICULAR PURPOSE NOR ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, except that Consignor does warrant to Consignee that all Precious Metal will be of the fineness stated in Section 1 for that Precious Metal.

AMOUNT OF CONSIGNMENT. Provided (a) Provided (i) no Notice notice of election to terminate this Agreement (as provided in Section 14 16 hereof) has been given by either party any of the Banks or the Buyer and (ii) no Event of Default nor any event which with notice or lapse of time, or both, would constitute an Event of Default has occurred hereunder, Consignor the Banks (as applicable) will Deliver from time to time to Consignee Buyer upon its request Precious Metal under the terms and conditions of this Agreement. In no event will Consignor be obligated to deliver Precious Metal if ; provided that (i) the maximum aggregate amount of troy xxxces or Fair Market Value the Consigned Precious Metal outstanding (after giving effect to all amounts requested) plus any unpaid Purchase Price for Consigned Precious Metal shall not exceed the Consignment Base Availability and (ii) the amount of Consigned Precious Metal requested when added to Consigned Precious Metal exceeds Consignee's Consignment Limit. Consignee acknowledges and confirms that, notwithstanding from any other provision of this Agreement, upon its receipt of thirty (30) days' prior written Notice from the Consignor to the Consignee, which may be delivered Bank shall not at any time in exceed such Bank's Commitment Percentage of the ConsignorPrecious Metals Commitment less such Bank's sole discretionConsignments and any unpaid Purchase Price for Consigned Precious Metal. (b) Buyer shall give to the relevant Bank, THEN: telephonic notice of each Consignment requested hereunder (a "Consignment Request") no later than [10:00] a.m. on (i) the day of request for Precious Metal subject to a Consignment Floating Rate and (ii) at least two (2) Business Days prior notice of its requirement for a Consignment subject to a Consignment Fixed Rate. Each such notice shall specify (a) Consignor shall have no further obligation the number of troy ounces to deliver Precious Metal to Consignee; be Delivered and/or purchased by the relevant Bank frxx xhe Buyer and then Consigned, (b) any request made by Consignee thereafter for a the proposed date of Delivery and/or purchase of Precious Metal shall be reviewed by Consignor on a case-by-case basis; such Consignment, (c) the decision whether such Consignment is to make any subsequent Delivery shall be made by the Consignor thereafter in its sole and absolute discretion and irrespective of whether Consignee is in compliance with the requirements of this Agreement; a Consignment Fixed Rate Amount or a Consignment Floating Rate Amount and (d) thereafter Consignor if such Consignment is to be a Consignment Fixed Rate Amount, the Interest Period applicable to such Consignment. Promptly upon receipt of any such Consignment Request, the relevant Bank shall have no commitment to Consignee to make any Delivery notify each of Precious Metal to Consigneethe other Banks thereof. The foregoing Notice requirement Each Consignment Request shall be a right of the Consignor in addition to, irrevocable and shall not be deemed to otherwise modify or limit, the rights of the Consignor to terminate this Agreement pursuant to the terms of Section 14 hereof. binding on Buyer. (c) If for any reason the number of troy xxxces ounces or Fair Market value Value (or unpaid Purchase Price in the case of caxx xf Consigned Precious Metal for which the Purchase Price has been agreed but payment has not been received by Consignorthe relevant Bank) of all Consigned Precious Metal at any time exceeds Consignee's the Consignment LimitBase Availability, Consignee Buyer shall immediately Redeliver to Consignorsuch Bank, or purchase and pay for, Precious Metal of a quantity, or with a Fair Market Value, sufficient to eliminate such excess. Consignor . (d) Each Bank shall provide Consignee Buyer with a monthly statement of the quantity of Consigned Precious Metal (in whatever form) held by Consignee. If Consignee does not agree with the information reported in the statement, Consignee shall give Notice of such disagreement to Consignor within fifteen (15) days of the date of receipt of such statement. If Consignee fails to give Notice to Consignor within the fifteen (15) day period, Consignee shall be deemed to have affirmed the accuracy of the information reported in the statement and to have waived any claim Consignee may have by reason of a dispute as to such statement. on or about March 30 of each year, Consignee shall provide Consignor with a written confirmation, signed by a Duly Authorized Officer of Consignee, of the quantity of Consigned Precious Metal as of the date of such confirmation. Upon and after the occurrence of an Event of Default, Consignee shall provide to Consignor on a daily basis written confirmation, in form acceptable to Consignor, of the quantity and location of all Consigned Precious Metal. Consignee shall give Consignor at least two (2) full New York business days' Notice of its requirements for Precious Metal. Consignor shall not be liable to Consignee if Consignor fails to Deliver the Precious Metal by reason of an Act of God or other catastrophe, force majeure, lack of supply, delay in transportation, war or other hostilities, strike, lockout, epidemic, acts of government or other public authority, requirements of any regulatory board, agency or authority, unavoidable casualties or any other causes beyond Consignor's control. CONSIGNOR MAKES NO WARRANTY OF MERCHANTABILITY IN RESPECT TO PRECIOUS METAL CONSIGNED OR SOLD UNDER THIS AGREEMENT NOR OF FITNESS FOR ANY PARTICULAR PURPOSE NOR ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, except that Consignor does warrant to Consignee that all Precious Metal will be of the fineness stated in Section 1 for that Precious Metal.)

AMOUNT OF CONSIGNMENT. Provided Provided (i) no Notice of election to terminate this Agreement (as provided in Section 14 hereof) has been given by either party and (ii) no Event of Default nor any event which with notice or lapse of time, or both, would constitute an Event of Default has occurred hereunder, Consignor will Deliver from time to time to Consignee upon its request Precious Metal under the terms and conditions of this Agreement. In no event will Consignor be obligated to deliver Precious Metal if the aggregate amount of troy xxxces or Fair Market Value of Precious Metal requested when added to Consigned Precious Metal exceeds Consignee's Consignment Limit. Consignee acknowledges and confirms that, notwithstanding any other provision of this Agreement, upon its receipt of thirty (30) days' prior written Notice from the Consignor to the Consignee, which may be delivered at any time in the Consignor's sole discretion, THEN: . (a) Consignor shall have no further obligation to deliver Precious Metal to Consignee; (b) any request made by Consignee thereafter for a Delivery of Precious Metal shall be reviewed by Consignor on a case-by-case basis; (c) the decision to make any subsequent Delivery shall be made by the Consignor thereafter in its sole and absolute discretion and irrespective of whether Consignee is in compliance with the requirements of this Agreement; and (d) thereafter Consignor shall have no commitment to Consignee to make any Delivery of Precious Metal to Consignee. The foregoing Notice requirement shall be a right of the Consignor in addition to, and shall not be deemed to otherwise modify or limit, the rights of the Consignor to terminate this Agreement pursuant to the terms of Section 14 hereof. If for any reason the number of troy xxxces or Fair Market value (or unpaid Purchase Price in the case of Consigned Precious Metal for which the Purchase Price has been agreed but payment has not been received by Consignor) of all Consigned Precious Metal at any time exceeds Consignee's Consignment Limit, Consignee shall immediately Redeliver to Consignor, or purchase and pay for, Precious Metal of a quantity, or with a Fair Market Value, sufficient to eliminate such excess. Consignor shall provide Consignee with a monthly statement of the quantity of Consigned Precious Metal (in whatever form) held by Consignee. If Consignee does not agree with the information reported in the statement, Consignee shall should give Notice of such disagreement to Consignor within fifteen (15) days of the date of receipt of such statement. If Consignee fails to give Notice to Consignor within the fifteen (15) day period, Consignee shall be deemed to have affirmed the accuracy of the information reported in the statement and to have waived any claim Consignee may have by reason of a dispute as to such statement. on or about March 30 of each year, Consignee shall provide Consignor with a written confirmation, signed by a Duly Authorized Officer officer of Consignee, of the quantity of Consigned Precious Metal as of the date of such confirmation. Upon and after the occurrence of an Event of Default, Consignee shall provide to Consignor on a daily basis written confirmation, in form acceptable to Consignor, of the quantity and location of all Consigned Precious Metal. Consignee shall give Consignor at least two (2) full New York business days' Notice of its requirements for Precious Metal. Consignor shall not be liable to Consignee if Consignor fails to Deliver the Precious Metal by reason of an Act of God or other catastrophe, force majeure, lack of supply, delay in transportation, war or other hostilities, strike, lockout, epidemic, acts of government or other public authority, requirements of any regulatory board, agency or authority, unavoidable casualties or any other causes beyond Consignor's control. CONSIGNOR MAKES NO WARRANTY OF MERCHANTABILITY IN RESPECT TO PRECIOUS METAL CONSIGNED OR SOLD UNDER THIS AGREEMENT NOR OF FITNESS FOR ANY PARTICULAR PURPOSE NOR ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, except that Consignor does warrant to Consignee that all Precious Metal will be of the fineness stated in Section 1 I for that Precious Metal.

AMOUNT OF CONSIGNMENT. Provided Provided (i) no Notice of election to terminate this Agreement (as provided in Section 14 hereof) has been given by either party and (ii) no Event of Default nor any event which with notice or lapse of time, or both, would constitute an Event of Default has occurred hereunder, Consignor will Deliver from time to time to Consignee upon its request Precious Metal under the terms and conditions of this Agreement. In no event will Consignor be obligated to deliver Precious Metal if the aggregate amount of troy xxxces fine xxxx ounces or Fair Market Value of Precious Metal requested when added to Consigned Precious Metal exceeds Consignee's Consignment Limit. Consignee acknowledges and confirms that, notwithstanding any other provision of this Agreement, upon its receipt of thirty (30) days' prior written Notice from the Consignor to the Consignee, which may be delivered at any time in the Consignor's sole discretion, THEN: then (a) Consignor shall have no further obligation to deliver Precious Metal to Consignee; (b) any request made by Consignee thereafter for a Delivery of Precious Metal shall be reviewed by Consignor on a case-by-case basis; (c) the decision to make any subsequent Delivery shall be made by the Consignor thereafter in its sole and absolute discretion and irrespective of whether Consignee is in compliance with the requirements of this Agreement; and (d) thereafter Consignor shall have no commitment to Consignee to make any Delivery of Precious Metal to Consignee. The foregoing Notice requirement shall be a right of the Consignor in addition to, and shall not be deemed to otherwise modify or limit, the rights of the Consignor to terminate this Agreement pursuant to the terms of Section 14 hereof. If for any reason the number of troy xxxces fine xxxx ounces or Fair Market value Value (or unpaid Purchase Price in the case of Consigned Precious Metal for which the Purchase Price has been agreed but payment has not been received by Consignor) of all Consigned Precious Metal at any time exceeds Consignee's Consignment Limit, Consignee shall immediately Redeliver to Consignor, or purchase and pay for, Precious Metal of a quantity, or with a Fair Market Value, sufficient to eliminate such excess. Consignor shall provide Consignee with a monthly statement of the quantity of Consigned Precious Metal (in whatever form) held by Consignee. If Consignee does not agree with the information reported in the statement, Consignee shall must give Notice of such disagreement to Consignor within fifteen (15) days of the date of receipt of such statement. If Consignee fails to give Notice to Consignor within the fifteen (15) day period, Consignee shall be deemed to have affirmed the accuracy of the information reported in the statement and to have waived any claim Consignee may have by reason of a dispute as to such statement. on On or about March 30 of each year, Consignee shall provide Consignor with a written confirmation, signed by a Duly Authorized Officer officer of Consignee, of the quantity of Consigned Precious Metal as of the date of such confirmation. Upon and after the occurrence of an Event of Default, Consignee shall provide to -48- <PAGE> Consignor on a daily basis written confirmation, in form acceptable to Consignor, of the quantity and location of all Consigned Precious Metal. Consignee shall give Consignor at least two (2) full New York Rhode Island business days' Notice of its requirements for Precious Metal. Consignor shall not be liable to Consignee if Consignor fails to Deliver the Precious Metal by reason of an Act of God or other catastrophe, force majeure, lack of supply, delay in transportation, war or other hostilities, strike, lockout, epidemic, acts of government or other public authority, requirements of any regulatory board, agency or authority, unavoidable casualties or any other causes beyond Consignor's control. CONSIGNOR MAKES NO WARRANTY OF MERCHANTABILITY IN RESPECT TO PRECIOUS METAL CONSIGNED OR SOLD UNDER THIS AGREEMENT NOR OF FITNESS FOR ANY PARTICULAR PURPOSE NOR ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, except that Consignor does warrant to Consignee that all Precious Metal will be of the fineness stated in Section 1 for that Precious Metal.

AMOUNT OF CONSIGNMENT. Provided Provided (i) no Notice of election to terminate this Agreement (as provided in Section 14 hereof) has been given by either party and (ii) no Event of Default nor any event which with notice or lapse of time, or both, would constitute an Event of Default has occurred hereunder, Consignor will Deliver from time to time to Consignee upon its request Precious Metal under the terms and conditions of this Agreement. In no event will Consignor be obligated to deliver Precious Metal if the aggregate amount of troy xxxces ounces or Fair Market Value of Precious Xxxcious Metal requested when added to Consigned Precious Metal exceeds Consignee's Consignment Limit. Consignee acknowledges and confirms that, notwithstanding any other provision of this Agreement, upon its receipt of thirty (30) days' prior written Notice from the Consignor to the Consignee, which may be delivered at any time in the Consignor's sole discretion, THEN: . (a) Consignor shall have no further obligation to deliver Precious Metal to Consignee; (b) any request made by Consignee thereafter for a Delivery of Precious Metal shall be reviewed by Consignor on a case-by-case basis; (c) the decision to make any subsequent Delivery shall be made by the Consignor thereafter in its sole and absolute discretion and irrespective of whether Consignee is in compliance with the requirements of this Agreement; and (d) thereafter Consignor shall have no commitment to Consignee to make any Delivery of Precious Metal to LO Consignee. The foregoing Notice requirement shall be a right of o` the Consignor in addition to, and shall not be deemed to otherwise modify or limit, the rights of the Consignor to terminate this Agreement pursuant to the terms of Section 14 hereof. If for any reason the number of troy xxxces ounces or Fair Market value (or unpaid ox xxpaid Purchase Price in the case of Consigned Precious Metal for which the Purchase Price has been agreed but payment pavement t has not been received by Consignor) of all Consigned Precious Metal at any time exceeds Consignee's Consignment Limit, Consignee shall ,immediately Redeliver to Consignor, or purchase and pay for, Precious Metal of a quantity, or with a Fair Market Value, sufficient to eliminate such excess. Consignor shall provide Consignee with a monthly statement of the quantity of Consigned Precious Metal (in whatever form) held by Consignee. If Consignee does not agree with the information reported in the statement, Consignee shall should give Notice of such disagreement to Consignor within fifteen (15) days of the date of receipt of such statement. If Consignee fails to give Notice to Consignor within the fifteen (15) day period, Consignee shall be deemed to have affirmed the accuracy of or the information reported in the statement and to have waived any claim Consignee may have by reason of a dispute as to such statement. on or about March 30 of each year, Consignee shall provide provide. Consignor with a written confirmation, signed by a Duly Authorized Officer officer of Consignee, of the quantity of Consigned Precious Metal as of the date of such confirmation. Upon and after the occurrence of an Event of Default, Consignee shall provide to Consignor on a daily basis written confirmation, in form acceptable to Consignor, of the quantity and location of all Consigned Precious Metal. Consignee shall give Consignor at least two (2) full New York business days' Notice of its requirements for Precious Metal. Consignor shall not be liable to Consignee if Consignor fails to Deliver the Precious Metal by reason of an Act of God or other catastrophe, force majeure, lack of supply, delay in transportation, war or other hostilities, strike, lockout, epidemic, acts of government or other public authority, requirements of any regulatory board, agency or authority, unavoidable casualties or any other causes beyond Consignor's control. CONSIGNOR MAKES NO WARRANTY OF MERCHANTABILITY IN RESPECT TO PRECIOUS METAL CONSIGNED OR SOLD UNDER THIS AGREEMENT NOR OF FITNESS FOR ANY PARTICULAR PURPOSE NOR ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, except that Consignor does warrant to Consignee that all Precious Metal will be of the fineness stated in Section 1 for that Precious Metal.

AMOUNT OF CONSIGNMENT. Provided Provided (i) no Notice of election to terminate this Agreement (as provided in Section 14 hereof) has been given by either party and (ii) no Event of Default nor any event which with notice or lapse of time, or both, would constitute an Event of Default has occurred hereunder, Consignor will Deliver from time to time to Consignee upon its request Precious Metal under the terms and conditions of this Agreement. In no event will Consignor be obligated to deliver Precious Metal if the aggregate amount of fine troy xxxces ounces or Fair Market Value of Precious Xxxcious Metal requested when added to Consigned Precious Metal exceeds Consignee's Consignment Limit. Consignee acknowledges and confirms that, notwithstanding any other provision of this Agreement, upon its receipt of thirty (30) days' prior written Notice from the Consignor to the Consignee, which may be delivered at any time in the Consignor's sole discretion, THEN: then (a) Consignor shall have no further obligation to deliver Precious Metal to Consignee; (b) any request made by Consignee thereafter for a Delivery of Precious Metal shall be reviewed by Consignor on a case-by-case basis; (c) the decision to make any subsequent Delivery shall be made by the Consignor thereafter in its sole and absolute discretion and irrespective of whether Consignee is in compliance with the requirements of this Agreement; and (d) thereafter Consignor shall have no commitment to Consignee to make any Delivery of Precious Metal to Consignee. The foregoing Notice requirement shall be a right of the Consignor in addition to, and shall not be deemed to otherwise modify or limit, the rights of the Consignor to terminate this Agreement pursuant to the terms of Section 14 hereof. If for any reason the number of fine troy xxxces ounces or Fair Market value Value (or unpaid ox xxpaid Purchase Price in the case of Consigned Precious Metal for which the Purchase Price has been agreed but payment has not been received by Consignor) of all Consigned Precious Metal at any time exceeds Consignee's Consignment Limit, Consignee shall immediately Redeliver to Consignor, or purchase and pay for, Precious Metal of a quantity, or with a Fair Market Value, sufficient to eliminate such excess. Consignor shall provide Consignee with a monthly statement of the quantity of Consigned Precious Metal (in whatever form) held by Consignee. If Consignee does not agree with the information reported in the statement, Consignee shall must give Notice of such disagreement to Consignor within fifteen (15) days of the date of receipt of such statement. If Consignee fails to give Notice to Consignor within the fifteen (15) day period, Consignee shall be deemed to have affirmed the accuracy of the information reported in the statement and to have waived any claim Consignee may have by reason of a dispute as to such statement. on On or about March 30 of each year, Consignee shall provide Consignor with a written confirmation, signed by a Duly Authorized Officer officer of Consignee, of the quantity of Consigned Precious Metal as of the date of such confirmation. Upon and after the occurrence of an Event of Default, Consignee shall provide to Consignor on a daily basis written confirmation, in form acceptable to Consignor, of the quantity and location of all Consigned Precious Metal. Consignee shall give Consignor at least two (2) full New York Rhode Island business days' Notice of its requirements for Precious Metal. Consignor shall not be liable to Consignee if Consignor fails to Deliver the Precious Metal by reason of an Act of God or other catastrophe, force majeure, lack of supply, delay in transportation, war or other hostilities, strike, lockout, epidemic, acts of government or other public authority, requirements of any regulatory board, agency or authority, unavoidable casualties or any other causes beyond Consignor's control. CONSIGNOR MAKES NO WARRANTY OF MERCHANTABILITY IN RESPECT TO PRECIOUS METAL CONSIGNED OR SOLD UNDER THIS AGREEMENT NOR OF FITNESS FOR ANY PARTICULAR PURPOSE NOR ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, except that Consignor does warrant to Consignee that all Precious Metal will be of the fineness stated in Section 1 for that Precious Metal.