Common use of Confirmation of a Transaction Clause in Contracts

Confirmation of a Transaction. (1) With respect to each Transaction entered into pursuant to this Agreement, Party A will promptly send a Confirmation to Party B by any reasonable means, including, without limitation, by facsimile, hand delivery, courier, or certified United States mail (return receipt requested). Failure by Party A to send, or Party B to return, a Confirmation shall not invalidate any Transaction, Party A adopts its confirming letterhead, or the like, as its signature on any Confirmation as its identification and authentication. (2) If Party A’s Confirmation is materially different from Party B’s understanding of the terms of a Transaction, Party B shall notify Party A of any such material differences in writing by the Confirm Deadline. “Confirm Deadline” shall mean 5:00 p.m. in Party B’s time zone on the fifth New York Business Day following the New York Business Day a Confirmation is received by Party B; provided, if the Confirmation is received after 5:00 p.m. in Party B’s time zone, it shall be deemed received at the opening of the next New York Business Day. “New York Business Day” shall mean any day except for a Saturday, Sunday or a day on which the Federal Reserve Bank of New York is closed.

Appears in 2 contracts

Samples: Isda Master Agreement (Resaca Exploitation, Inc.), Isda Master Agreement (Resaca Exploitation, Inc.)

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Confirmation of a Transaction. (1) With respect to each Transaction entered into pursuant to this Agreement, Party A will promptly send a Confirmation to Party B by any reasonable means, including, without limitation, by facsimile, hand delivery, courier, or certified United States mail (return receipt requested). Failure by Party A to send, or Party B to return, a Confirmation shall not invalidate any Transaction, . Party A adopts its confirming letterhead, or the like, as its signature on any Confirmation as its identification and authentication. (2) If Party A’s Confirmation is materially different from Party B’s understanding of the terms of a Transaction, Party B shall notify Party A of any such material differences in writing by the Confirm Deadline. “Confirm Deadline” shall mean 5:00 p.m. in Party B’s time zone on the fifth New York Business Day following the New York Business Day a Confirmation is received by Party B; provided, if the Confirmation is received after 5:00 p.m. in Party B’s time zone, it shall be deemed received at the opening of the next New York Business Day. “New York Business Day” shall mean any day except for a Saturday, Sunday or a day on which the Federal Reserve Bank of New York is closed.

Appears in 2 contracts

Samples: Isda Master Agreement (NiMin Energy Corp.), Isda Master Agreement (NiMin Energy Corp.)

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Confirmation of a Transaction. (1) With respect to each Transaction entered into pursuant to this Agreement, Party A will promptly send a Confirmation to Party B by any reasonable means, including, without limitation, by facsimile, hand delivery, courier, or certified United States mail (return receipt requested). Failure by Party A to send, or Party B to return, a Confirmation shall not invalidate any Transaction, . Party A adopts its confirming letterhead, or the like, as its signature on any Confirmation as its identification and authentication. (2) If Party A’s 's Confirmation is materially different from Party B’s 's understanding of the terms of a Transaction, Party B shall notify Party A of any such material differences in writing by the Confirm Deadline. "Confirm Deadline" shall mean 5:00 p.m. in Party B’s 's time zone on the fifth New York Business Day following the New York Business Day a Confirmation is received by Party B; provided, if the Confirmation is received after 5:00 p.m. in Party B’s 's time zone, it shall be deemed received at the opening of the next New York Business Day. “New York Business Day” shall mean any day except for a Saturday, Sunday or a day on which the Federal Reserve Bank of New York is closed.

Appears in 1 contract

Samples: Isda Master Agreement (Rancher Energy Corp.)

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