Confirmation Process. The parties intend to enter into separate equity derivative transactions (each a “Transaction”) set out in a Transaction Supplement substantially in the form attached to an Annex specified in Exhibit I hereto (each, a “Transaction Supplement”). The confirmation applicable to each Transaction, which shall constitute a “Confirmation” for the purposes of, and will supplement, form a part of, and be subject to, the ISDA Master Agreement between Party A and Party B dated as of [ ], as amended and supplemented from time to time (the “Master Agreement”), shall consist of this Master Confirmation Agreement including the relevant form of General Terms Confirmation contained in an Annex specified in Exhibit I hereto (each, a “General Terms Confirmation”), as supplemented by the trade details applicable to such Transaction as set forth in the Transaction Supplement for that Transaction. In the event of any inconsistency between this Master Confirmation Agreement and a General Terms Confirmation, the General Terms Confirmation shall govern for the purpose of the Transactions related to such General Terms Confirmation. In the event of any inconsistency between (i) this Master Confirmation Agreement (including the relevant form of General Terms Confirmation) and a Transaction Supplement and/or (ii) the Equity Definitions and a Transaction Supplement, the Transaction Supplement shall govern for the purpose of the relevant Transaction. The Transaction Supplement shall set forth, at a minimum, all of the relevant information set out in the form of Transaction Supplement attached to the relevant General Terms Confirmation. Exhibit I hereto may be amended in writing by the parties from time to time.
Confirmation Process. Party A and Party B intend to enter into one or more separate Master Transactions relating to a CDX index, as specified in the relevant Transaction Supplement substantially in the form attached as Exhibit B (a “Transaction Supplement”). Party A and Party B agree that, each time they enter into a Master Transaction, they enter into a separate and independent Credit Derivative Transaction (a “Component Transaction”) in respect of each Reference Entity listed in the Relevant Annex (as defined in the General Terms Confirmation defined below). Each Component Transaction shall have the terms specified in the General Terms Confirmation attached as Exhibit A (the “General Terms Confirmation”). The confirmation applicable to each Master Transaction, which shall constitute a “Confirmation” for the purposes of, and will supplement, form a part of, and be subject to, the [1992 ISDA Master Agreement (Multicurrency - Cross Border)] [2002 ISDA Master Agreement] and Schedule thereto between Party A and Party B dated as of [ ], as amended and supplemented from time to time (the “Master Agreement”), shall consist of this Master Confirmation Agreement, including the General Terms Confirmation, as supplemented by the trade details applicable to such Master Transaction as set forth in the relevant Transaction Supplement. In the event of any inconsistency between the Credit Derivatives Definitions and this Master Confirmation Agreement (including the General Terms Confirmation and the relevant Transaction Supplement), this Master Confirmation Agreement shall govern for the purpose of the relevant Master Transaction. In the event of any inconsistency between this Master Confirmation Agreement (including the General Terms Confirmation) and a Transaction Supplement, the Transaction Supplement shall govern for the purpose of the relevant Master Transaction. The Transaction Supplement shall set forth, at a minimum, all of the relevant information set out in the form of Transaction Supplement attached hereto as Exhibit B.
Confirmation Process. Within one (1) Business Day of its receipt of a Transaction Notice, Agent shall deliver a fully completed draft Confirmation with respect to the proposed Transaction, attaching the related proposed Portfolio Schedule provided by Seller pursuant to Section 4.1(a). In the event Seller and Agent disagree with respect to any portion of the draft Confirmation or the proposed Portfolio Schedule or in the event Agent determines in good faith that any applicable Transaction Conditions are not, or will not be, satisfied as of the relevant Purchase Date, Seller or Agent (as applicable) shall promptly notify the other of the same, and Seller and Agent shall cooperate expeditiously and in good faith to resolve any such matters (to the extent the same are capable of being resolved). If the applicable Transaction Conditions are (or will be) satisfied as of the applicable Purchase Date, then Agent shall, on behalf of the Buyers and subject to the provisions of Section 4.5, enter into the proposed Transaction with Seller on the terms set forth in the draft Confirmation (as may be modified as agreed between Seller and Agent in accordance with the preceding sentence) by executing and delivering to Seller, on behalf of each such Buyer, a Confirmation evidencing such Transaction in accordance with the Master Repurchase Agreement.
Confirmation Process. The parties intend to enter into separate Credit Derivative Transactions (each a "Transaction") with respect to each Reference Entity set out in a Transaction Supplement substantially in the form attached as Annex 3 (a "Transaction Supplement"). [The confirmation applicable to each Transaction, which shall constitute a "Confirmation" for the purposes of, and will supplement, form a part of, and be subject to, the ISDA Master Agreement between Party A and Party B dated as of [_______], as amended and supplemented from time to time (the "Master Agreement"), shall consist of this Master Confirmation Agreement including the Standard CDS Terms attached as Annex 1 (the "Standard CDS Terms"), as supplemented by the trade details applicable to such Transaction as set forth in the relevant Transaction Supplement. All provisions contained in the Master Agreement govern each Confirmation except as expressly modified in this Master Confirmation Agreement, the Standard CDS Terms and the relevant Transaction Supplement.]1 In the event of any inconsistency between (i) this Master Confirmation Agreement (including all Annexes hereto) and a Transaction Supplement, the Transaction Supplement shall govern for the purpose of the relevant Transaction and/or (ii) this Master Confirmation Agreement (including all Annexes hereto) and the Credit Derivatives Definitions, this Master Confirmation Agreement (including all Annexes hereto) shall govern for the purpose of the relevant Transaction. The Transaction Supplement shall set forth, at a minimum, all of the information set out in the applicable form of Transaction Supplement attached hereto as Annex 3.
Confirmation Process. 6.2.1 The price for Product sold hereunder (the “Purchase Price”) shall be based on market-price bids from Gavilon’s customers, less (a) all documented costs incurred by Gavilon (excluding Gavilon’s customary costs for operating its business, but including any logistics costs, storage costs and other fees specifically associated with selling the Product) and (b) the Fees as described in Section 6.3. The Purchase Price for Product sold hereunder will be established through an “offer” and “confirmation” process between both Parties. Gavilon will offer market-based Product prices to Producer and Producer shall timely confirm the offered price, volume and delivery period to establish each “Confirmation” all as set forth on Exhibit “C” attached hereto. To the extent that any terms of any Confirmation conflict with the terms of this Agreement, the terms of this Agreement shall govern unless both Parties have specifically expressed their intent in writing to supersede the terms of this Agreement. Gavilon agrees to use commercially reasonable best efforts to achieve the highest Purchase Price available under prevailing market conditions.
6.2.2 Producer shall have the right to establish “flat price” pricing for Ethanol Product and Co-Product for up to [ * * * ] forward on volumes not to exceed the [ * * * ]. Additionally, Producer shall have the right to establish (i) “index pricing” for Ethanol Product for up to [ * * * ] forward and (ii) “flat price” pricing for Ethanol Product and Co-Product for up to [ * * * ] forward, in each case on volumes not to exceed [ * * * ]; provided, however, Producer must [ * * * ]. Any forward sales shall be subject to (i) the offsetting rights outlined in the Master Agreement and (ii) the net xxxx-to-market balance of the then-existing forward contracts being within the tolerance set by Gavilon’s credit department. In the event that this Agreement is terminated in accordance with Section 13.5 or Section 13.6 below, all open contracts which comply with the terms of this Section 6.2.2 shall be honored by the Parties (subject to the rights and obligations of the Parties as set forth in Article 13 below).
6.2.3 To the extent that Producer obtains a more favorable bid or price quote for the Product (the “Favorable Terms”) from a third-party (but on terms that are otherwise customary and comparable to those set forth herein), Producer shall give oral or written notice to Gavilon of the Favorable Terms, including the Product quantities an...
Confirmation Process. 6.2.1 The price for Product sold hereunder (the “Purchase Price”) shall be based on market-price bids from Gavilon’s customers, less (a) all documented costs incurred by Gavilon (excluding Gavilon’s customary costs for operating its business, but including any logistics costs, storage costs and other fees specifically associated with selling the Product) and (b) the Fees as described
Confirmation Process. If the applicable Funding Conditions for a proposed Transaction are satisfied or waived as of the applicable Purchase Date and Agent has received all Funding Amounts (if any) due from the Buyers on such Purchase Date pursuant to Section 4.2(a) (other than any Funding Amount (or portion thereof) that any Defaulting Buyer fails to fund and in respect of which any necessary adjustments have been made pursuant to Section 4.5(a)), then Agent shall enter into the proposed Transaction with Seller on behalf of each Participating Buyer on the terms set forth in the form of Confirmation delivered pursuant to Section 4.1(c) (as may be modified in accordance with the provisions of this Article IV) by delivering to Seller on such Purchase Date a final and fully-executed Confirmation evidencing such Transaction in accordance with the Master Repurchase Agreement whereupon, in accordance with terms of the Master Repurchase Agreement and such Confirmation, Seller will sell and assign, and Participating Buyers will purchase, the Transaction Portfolio for such Transaction, with each Participating Buyer receiving a fractional undivided interest in such Transaction Portfolio in accordance with its respective Individual Funded Percentage as of the time of such purchase (after giving effect to the funding of any applicable Funding Amounts, the payment of any Funded Purchase Price and Funded Repurchase Price and the allocation of any applicable Distribution Amounts). The entry into such Transaction and payment of such Funded Purchase Price (if any) shall, subject to satisfaction of the applicable Funding Conditions, occur at or before 2:00 p.m. on the applicable Purchase Date (or such later time on such Purchase Date as may be reasonably necessary for Agent to confirm receipt of any required Funding Amounts).
Confirmation Process. If the applicable Funding Conditions for such Transaction are satisfied or waived as of the applicable Purchase Date, then Buyer, on behalf of and for the ratable benefit of the Buyer Funding Parties, shall enter into the proposed Transaction with Seller on the terms set forth in the form of Confirmation delivered pursuant to Section 4.1(c) (as may be modified in accordance with the provisions of this Article IV) by delivering to Seller on such Purchase Date a final and fully-executed Confirmation evidencing such Transaction in accordance with the Master Receivables Financing Agreement whereupon, in accordance with terms of the Master Receivables Financing Agreement and such Confirmation, Seller will sell and assign, and Buyer, on behalf of and for the ratable benefit of the Buyer Funding Parties, will purchase, the Purchased Securities for such Transaction. The entry into such Transaction and payment of such Funded Purchase Price (if any) shall, subject to satisfaction of the applicable Funding Conditions, occur at or before 2:00 p.m. on the applicable Purchase Date (or such later time on such Purchase Date as Buyer and Seller may agree).Reserved.
Confirmation Process. 4.1 Completing the Confirmation Process denotes the student’s acceptance of these Terms and Conditions, and ensures admitted students’ enrollment in the Program or Programs to which they have been admitted and, where applicable, a housing reservation. Completing the Confirmation Process ensures a student’s housing reservation; it does not guarantee the student’s housing selection.
4.2 Students who are admitted to a Program will receive an offer of admission letter (the “Offer Letter”) from the University. The Offer Letter will include a form which the student must sign and return and where applicable remit any required tuition or other deposit to per the instructions in the Offer Letter to accept the University’s offer of admission and complete the Confirmation Process.
Confirmation Process. Unless otherwise agreed by the parties, the Seller (as defined in the relevant Transaction Supplement) in respect of each Option Transaction and the Equity Amount Payer (as defined in the relevant Transaction Supplement) in respect of each Equity Swap Transaction must prepare the transaction supplement, which shall be substantially in the form attached to an applicable Annex specified in the Exhibit hereto (each, a “Transaction Supplement”) for such Transaction and such Transaction Supplement shall state that it is a Transaction Supplement which supplements, forms a part of, and is subject to this Master Confirmation Agreement. Such Transaction Supplement will supplement, form a part of, and be subject to, the ISDA Master Agreement between [Insert full legal name of Party A] and [Insert full legal name of Party B] dated as of [Insert Date], as amended and supplemented from time to time (the “Master Agreement”), and the “Confirmation” of such Transaction shall consist of this Master Confirmation Agreement including the relevant form of General Terms Confirmation contained in an applicable Annex specified in the Exhibit hereto (each, a “General Terms Confirmation”) for such Transaction as supplemented by the trade details applicable to such Transaction as set forth in the Transaction Supplement. The Seller (as defined in the relevant Transaction Supplement) in respect of each Option Transaction, the Equity Amount Payer (as defined in the relevant Transaction Supplement) in respect of each Equity Swap Transaction or such other party as the parties may agree at the time of trading shall prepare the Transaction Supplement, which must include, at a minimum, all the information set out in the form of Transaction Supplement relevant to the Transaction for which an election is not provided in the relevant General Terms Confirmation or the Definitions. In the event of any inconsistency between (i) this Master Confirmation Agreement and a General Terms Confirmation, the General Terms Confirmation shall govern for the purposes of the Transactions documented pursuant to such General Terms Confirmation; (ii) this Master Confirmation Agreement, the relevant General Terms Confirmation and a Transaction Supplement, the Transaction Supplement shall govern for the purposes of the relevant Transaction; and (iii) the Definitions and a Transaction Supplement, the Transaction Supplement shall govern for the purposes of the relevant Transaction.
