Consignment Fees. (a) During such time as Precious Metal is consigned to the Company hereunder and until the same is withdrawn from consignment and paid for in full by the Company or returned as hereinafter provided, the Company shall pay to Sensata a fee as follows: (i) in the case of Variable Rate Consignments, the fee shall be computed daily as a percentage of the outstanding Value of such Consigned Precious Metal on such day; and (ii) in the case of Fixed Rate Consignments, the fee shall be computed as a percentage of the outstanding Value of such Consigned Precious Metal on the first day of the applicable Consignment Period. Such fees shall be accrued on a daily basis and shall be paid via federal wire transfer as follows: (x) in the case of Variable Rate Consignments, consignment fees shall be paid monthly, on the fifth Business Day of each month; and (y) in the case of Fixed Rate Consignments, consignment fees shall be paid on the last day of the Consignment Period with respect thereto. (b) The Company may elect to pay either a Variable Consignment Fee or, provided that no Event of Default has occurred and is then continuing, a Fixed Consignment Fee with respect to each consignment of Precious Metal under the Consignment Facility, subject to the terms and conditions hereinafter set forth. Consignment fees shall be calculated on the basis of a 360-day year counting the actual number of days elapsed. (c) Each Variable Consignment Fee shall be calculated for one Business Day commencing with the Drawdown Date and shall be set by Sensata each Business Day. The Variable Consignment Fee in effect on the date hereof is one and one-half per cent (1 1/2%) per annum and is subject to change each Business Day in accordance with the terms hereof based on a corresponding rate charged by HSBC to Sensata. (d) Each Fixed Consignment Fee shall be calculated for a certain specific quantity and form of Precious Metal consigned to the Company for a certain specific Consignment Period and shall be as quoted by Sensata to the Company equal the rate quoted from HSBC to Sensata. The quantity and form of Precious Metal and the Consignment Period shall be selected by the Company, subject to acceptance by Sensata. Once the specific quantity and form of Precious Metal and the specific Consignment Period have been selected and the consignment fee determined, such selections shall be irrevocable and binding on the Company and shall obligate the Company to accept the consignment requested from Sensata in the amount, in the form and for the Consignment Period specified. (e) At such time as the Company requests the consignment and delivery of Precious Metal under the Consignment Facility, it shall become obligated to pay to Sensata a market premium per fine xxxx ounce announced by Sensata at the time of such consignment. Such payment is to be made on the same day as the date of the invoice for the same via federal wire transfer. (f) Company shall additionally pay to Sensata ongoing commitment fees (“Commitment Fees”) to compensate Sensata for agreeing to enter into this transaction and for Sensata’s added costs in administrating such agreement. Payments of the Commitment Fees shall be made monthly. Such payments shall be made by the fifth business day of the following month. For the months through January 31, 2007, the calculation of this Commitment Fees is calculated as follows: the monthly Commitment Fees shall be the greater of (i) $25,000.00 or (ii) 2.5% annualized of the value of the consigned Bullion as of the last business day of the month. For months after January 31, 2007, the monthly Commitment Fees shall be the greater of (i) $35,000 or (ii) 2.5% annualized of the value of the consigned Bullion as of the last business day of the month. (g) Company shall additionally pay to Sensata ongoing letter of credit fees (“LC Fees”) to compensate Sensata for letter of credit costs incurred to secure HSBC to Sensata consignment agreement. The fee currently is 2.40% per annum of the letter of credit value of $20 million, which can change. The fee will be paid monthly, two business days after the end of the month. These costs may continue to be past on to the Company for four months after termination in the event that they continue to be incurred by Sensata.
Appears in 2 contracts
Samples: Consignment Agreement, Consignment Agreement (Sensata Technologies Holland, B.V.)
Consignment Fees. (ad) During such time as Precious Metal is consigned to the Company hereunder and until the same is withdrawn from consignment and paid for in full by the Company or returned as hereinafter provided, the Company shall pay to Sensata the Consignor a fee as follows: (i) in the case of Variable Rate Consignments, the fee shall be computed daily as a percentage of the outstanding Value of such Consigned Precious Metal on such day; and (ii) in the case of Fixed Rate Consignments, the fee Consignment Fee which shall be computed as a percentage of the outstanding Value of such Consigned Precious Metal on the first day of the applicable Consignment PeriodDrawdown Date. Such fees shall be accrued on a daily basis and shall be paid via federal wire transfer as follows: (x) in the case of Variable Rate Consignments, consignment fees shall be paid monthly, on the fifth Business Day of each month; and (y) in the case of Fixed Rate Consignments, consignment fees shall be paid on the last day of the Consignment Period with respect thereto.
(b) The Company may elect to pay either a Variable Consignment Fee or, provided that no Event of Default has occurred and is then continuing, a Fixed Consignment Fee with respect to each consignment of Precious Metal under the Consignment Facility, subject to the terms and conditions hereinafter set forth. Consignment fees shall be calculated on the basis of a 360-day year counting the actual number of days elapsed.
(c) Each Variable Consignment Fee shall be calculated for one Business Day commencing with the Drawdown Date and shall be set by Sensata each Business Day. The Variable Consignment Fee in effect on the date hereof is one and one-half per cent (1 1/2%) per annum and is subject to change each Business Day in accordance with the terms hereof based on a corresponding rate charged by HSBC to Sensata.
(d) Each Fixed Consignment Fee shall be calculated for a certain specific quantity and form of Precious Metal consigned to the Company for a certain specific Consignment Period and shall be as quoted by Sensata to the Company equal at the rate quoted from HSBC to Sensataper annum and in an amount set by the Consignor. The quantity and form of Precious Metal and the Consignment Period shall be selected by the Company, subject to acceptance by Sensatathe Consignor. Once the specific quantity and form of Precious Metal and the specific Consignment Period have been selected and the consignment fee Fixed Consignment Fee determined, such selections shall be irrevocable and binding on the Company and shall obligate the Company to accept the consignment requested from Sensata the Consignor in the amount, in the form and for the Consignment Period specified.
(e) At such time as The Company shall establish the Company requests Company’s Account. Fixed Consignment Fees shall be accrued on a daily basis and paid by the consignment and delivery of Precious Metal under Consignor debiting the Consignment Facility, it shall become obligated to pay to Sensata a market premium per fine xxxx ounce announced by Sensata at the time of such consignment. Such payment is to be made Company’s Account on the same last day as the date of the invoice for the same via federal wire transferapplicable Consignment Period.
(f) Company shall additionally pay Subject to Sensata ongoing commitment fees (“Commitment Fees”) to compensate Sensata for agreeing to enter into this transaction the terms and for Sensata’s added costs in administrating such agreement. Payments of the Commitment Fees shall be made monthly. Such payments shall be made by the fifth business day of the following month. For the months through January 31, 2007conditions hereinafter set forth, the calculation Company may not select a Consignment Period of this Commitment Fees more than one (1) Business Day if an Event of Default has occurred and is calculated as follows: then continuing without the monthly Commitment Fees shall be the greater of (i) $25,000.00 or (ii) 2.5% annualized of the value of the consigned Bullion as of the last business day of the month. For months after January 31, 2007, the monthly Commitment Fees shall be the greater of (i) $35,000 or (ii) 2.5% annualized of the value of the consigned Bullion as of the last business day of the monthConsignor’s prior consent.
(g) Company Consignment fees shall additionally pay to Sensata ongoing letter be calculated on the basis of credit fees (“LC Fees”) to compensate Sensata for letter a 360-day year counting the actual number of credit costs incurred to secure HSBC to Sensata consignment agreement. The fee currently is 2.40% per annum of the letter of credit value of $20 million, which can change. The fee will be paid monthly, two business days after the end of the month. These costs may continue to be past on to the Company for four months after termination in the event that they continue to be incurred by Sensataelapsed.
Appears in 1 contract
Samples: Consignment Agreement (Dentsply International Inc /De/)
Consignment Fees. (a) During such time as Precious Metal is consigned to the Company hereunder and until the same is withdrawn from consignment and paid for in full by the Company or returned as hereinafter provided, the Company shall pay to Sensata HSBC a fee as follows: (i) in the case of Variable Rate Consignments, the fee shall be computed daily as a percentage of the outstanding Value of such Consigned Precious Metal on such day; and (ii) in the case of Fixed Rate Consignments, the fee shall be computed as a percentage of the outstanding Value of such Consigned Precious Metal on the first day of the applicable Consignment Period. Such fees shall be accrued on a daily basis and shall be paid via federal wire transfer by debiting the Company’s Account as follows: (x) in the case of Variable Rate Consignments, consignment fees shall be paid monthly, on the fifth Business Day of each month; and (y) in the case of Fixed Rate Consignments, consignment fees shall be paid on the last day of the Consignment Period with respect thereto.
(b) The Company may elect to pay either a Variable Consignment Fee or, provided that no Event of Default has occurred and is then continuing, a Fixed Consignment Fee with respect to each consignment of Precious Metal under the Consignment Facility, subject to the terms and conditions hereinafter set forth. Consignment fees shall be calculated on the basis of a 360-day year counting the actual number of days elapsed.
(c) Each Variable Consignment Fee shall be calculated for one Business Day commencing with the Drawdown Date and shall be set by Sensata HSBC each Business Day. The Variable Consignment Fee in effect on the date hereof is one and one-half per cent (1 1/21/2 %) per annum and is subject to change each Business Day in accordance with the terms hereof based on a corresponding rate charged by HSBC to Sensatahereof.
(d) Each Fixed Consignment Fee shall be calculated for a certain specific quantity and form of Precious Metal consigned to the Company for a certain specific Consignment Period and shall be as quoted by Sensata HSBC to the Company equal the rate quoted from HSBC to SensataCompany. The quantity and form of Precious Metal and the Consignment Period shall be selected by the Company, subject to acceptance by SensataHSBC. Once the specific quantity and form of Precious Metal and the specific Consignment Period have been selected and the consignment fee determined, such selections shall be irrevocable and binding on the Company and shall obligate the Company to accept the consignment requested from Sensata HSBC in the amount, in the form and for the Consignment Period specified.
(e) At such time as the Company requests the consignment and delivery of Precious Metal under the Consignment Facility, it shall become obligated to pay to Sensata HSBC a market premium per fine xxxx ounce announced by Sensata HSBC at the time of such consignment. Such payment is to be made on the same day as make within five (5) Business Days of the date of the invoice for the same via federal wire transfersame.
(f) Company shall additionally pay to Sensata ongoing commitment fees (“Commitment Fees”) to compensate Sensata for agreeing to enter into this transaction and for Sensata’s added costs in administrating such agreement. Payments of the Commitment Fees shall be made monthly. Such payments shall be made by the fifth business day of the following month. For the months through January 31, 2007, the calculation of this Commitment Fees is calculated as follows: the monthly Commitment Fees shall be the greater of (i) $25,000.00 or (ii) 2.5% annualized of the value of the consigned Bullion as of the last business day of the month. For months after January 31, 2007, the monthly Commitment Fees shall be the greater of (i) $35,000 or (ii) 2.5% annualized of the value of the consigned Bullion as of the last business day of the month.
(g) Company shall additionally pay to Sensata ongoing letter of credit fees (“LC Fees”) to compensate Sensata for letter of credit costs incurred to secure HSBC to Sensata consignment agreement. The fee currently is 2.40% per annum of the letter of credit value of $20 million, which can change. The fee will be paid monthly, two business days after the end of the month. These costs may continue to be past on to the Company for four months after termination in the event that they continue to be incurred by Sensata.
Appears in 1 contract
Samples: Consignment Agreement (Sensata Technologies Holland, B.V.)
Consignment Fees. (a) During such time as Precious Metal is consigned to the Company Companies hereunder and until the same is withdrawn from consignment and paid for in full by the Company or returned Companies as hereinafter provided, the Company Companies shall pay to Sensata HSBC a fee as follows: (i) in the case of Variable Rate Consignments, the fee shall be computed daily as a percentage of the outstanding Value of such Consigned Precious Metal on such day; and (ii) in the case of Fixed Rate Consignments, the fee Consignment Fee which shall be computed as a percentage of the outstanding Value of such Consigned Precious Metal on the first day Drawdown Date. Each Fixed Consignment Fee shall be calculated for a certain specific quantity and form of Precious Metal consigned to the applicable Companies for a certain specific Consignment PeriodPeriod at the rate per annum and in an amount set by HSBC. Such fees The quantity and form of Precious Metal and the Consignment Period shall be selected by the Companies, subject to acceptance by HSBC. Once the specific quantity and form of Precious Metal and the specific Consignment Period have been selected and the Fixed Consignment Fee determined, such selections shall be irrevocable and binding on the Companies and shall obligate the Companies to accept the consignment requested from HSBC in the amount, in t form and for the Consignment Period specified.
(b) The Companies shall establish the Companies’ Account. Fixed Consignment Fees shall be accrued on a daily basis and shall be paid via federal wire transfer as follows: (x) in by HSBC debiting the case of Variable Rate Consignments, consignment fees shall be paid monthly, on the fifth Business Day of each month; and (y) in the case of Fixed Rate Consignments, consignment fees shall be paid Companies’ Account on the last day of the applicable Consignment Period with respect theretoPeriod.
(bc) The Company Subject to the terms and conditions hereinafter set forth, the Companies may elect to pay either not select a Variable Consignment Fee or, provided that no Period of more than one (1) Business Day if an Event of Default has occurred and is then continuing, a Fixed Consignment Fee with respect to each consignment of Precious Metal under the Consignment Facility, subject to the terms and conditions hereinafter set forth. continuing without HSBC’s prior consent.
(d) Consignment fees shall be calculated on the basis of a 360-day year counting the actual number of days elapsed.
(c) Each Variable Consignment Fee shall be calculated for one Business Day commencing with the Drawdown Date and shall be set by Sensata each Business Day. The Variable Consignment Fee in effect on the date hereof is one and one-half per cent (1 1/2%) per annum and is subject to change each Business Day in accordance with the terms hereof based on a corresponding rate charged by HSBC to Sensata.
(d) Each Fixed Consignment Fee shall be calculated for a certain specific quantity and form of Precious Metal consigned to the Company for a certain specific Consignment Period and shall be as quoted by Sensata to the Company equal the rate quoted from HSBC to Sensata. The quantity and form of Precious Metal and the Consignment Period shall be selected by the Company, subject to acceptance by Sensata. Once the specific quantity and form of Precious Metal and the specific Consignment Period have been selected and the consignment fee determined, such selections shall be irrevocable and binding on the Company and shall obligate the Company to accept the consignment requested from Sensata in the amount, in the form and for the Consignment Period specified.
(e) At such time as the Company requests the consignment and delivery of Precious Metal under the Consignment Facility, it shall become obligated to pay to Sensata a market premium per fine xxxx ounce announced by Sensata at the time of such consignment. Such payment is to be made on the same day as the date of the invoice for the same via federal wire transfer.
(f) Company shall additionally pay to Sensata ongoing commitment fees (“Commitment Fees”) to compensate Sensata for agreeing to enter into this transaction and for Sensata’s added costs in administrating such agreement. Payments of the Commitment Fees shall be made monthly. Such payments shall be made by the fifth business day of the following month. For the months through January 31, 2007, the calculation of this Commitment Fees is calculated as follows: the monthly Commitment Fees shall be the greater of (i) $25,000.00 or (ii) 2.5% annualized of the value of the consigned Bullion as of the last business day of the month. For months after January 31, 2007, the monthly Commitment Fees shall be the greater of (i) $35,000 or (ii) 2.5% annualized of the value of the consigned Bullion as of the last business day of the month.
(g) Company shall additionally pay to Sensata ongoing letter of credit fees (“LC Fees”) to compensate Sensata for letter of credit costs incurred to secure HSBC to Sensata consignment agreement. The fee currently is 2.40% per annum of the letter of credit value of $20 million, which can change. The fee will be paid monthly, two business days after the end of the month. These costs may continue to be past on to the Company for four months after termination in the event that they continue to be incurred by Sensata.
Appears in 1 contract
Samples: Consignment Agreement (Quality Gold Holdings, Inc.)
Consignment Fees. (a) During such time as Precious Metal is consigned to the Company hereunder and until the same is withdrawn from consignment and paid for in full by the Company or returned as hereinafter provided, the Company shall pay to Sensata HSBC a fee as follows: (i) in the case of Variable Rate Consignments, the fee shall be computed daily as a percentage of the outstanding Value of such Consigned Precious Metal on such day; and (ii) in the case of Fixed Rate Consignments, the fee shall be computed as a percentage of the outstanding Value of such Consigned Precious Metal on the first day of the applicable Consignment Period. Such fees shall be accrued on a daily basis and shall be paid via federal wire transfer by debiting the Company’s Account as follows: (x) in the case of Variable Rate Consignments, consignment fees shall be paid monthly, on the fifth Business Day of each month; and (y) in the case of Fixed Rate Consignments, consignment fees shall be paid on the last day of the Consignment Period with respect thereto.
(b) The Company may elect to pay either a Variable Consignment Fee or, provided that no Event of Default has occurred and is then continuing, a Fixed Consignment Fee with respect to each consignment of Precious Metal under the Consignment Facility, subject to the terms and conditions hereinafter set forth. Consignment fees shall be calculated on the basis of a 360-day year counting the actual number of days elapsed.
(c) Each Variable Consignment Fee shall be calculated for one Business Day commencing with the Drawdown Date and shall be set by Sensata HSBC each Business Day. The Variable Consignment Fee in effect on the date hereof is one and one-half per cent (1 1/21/2 %) per annum and is subject to change each Business Day in accordance with the terms hereof based on a corresponding rate charged by HSBC to Sensatahereof.
(d) Each Fixed Consignment Fee shall be calculated for a certain specific quantity and form of Precious Metal consigned to the Company for a certain specific Consignment Period and shall be as quoted by Sensata HSBC to the Company equal the rate quoted from HSBC to SensataCompany. The quantity and form of Precious Metal and the Consignment Period shall be selected by the Company, subject to acceptance by SensataHSBC. Once the specific quantity and form of Precious Metal and the specific Consignment Period have been selected and the consignment fee determined, such selections -11- shall be irrevocable and binding on the Company and shall obligate the Company to accept the consignment requested from Sensata HSBC in the amount, in the form and for the Consignment Period specified.
(e) At such time as the Company requests the consignment and delivery of Precious Metal under the Consignment Facility, it shall become obligated to pay to Sensata HSBC a market premium per fine xxxx ounce announced by Sensata HSBC at the time of such consignment. Such payment is to be made on the same day as make within five (5) Business Days of the date of the invoice for the same via federal wire transfersame.
(f) Company shall additionally pay to Sensata ongoing commitment fees (“Commitment Fees”) to compensate Sensata for agreeing to enter into this transaction and for Sensata’s added costs in administrating such agreement. Payments of the Commitment Fees shall be made monthly. Such payments shall be made by the fifth business day of the following month. For the months through January 31, 2007, the calculation of this Commitment Fees is calculated as follows: the monthly Commitment Fees shall be the greater of (i) $25,000.00 or (ii) 2.5% annualized of the value of the consigned Bullion as of the last business day of the month. For months after January 31, 2007, the monthly Commitment Fees shall be the greater of (i) $35,000 or (ii) 2.5% annualized of the value of the consigned Bullion as of the last business day of the month.
(g) Company shall additionally pay to Sensata ongoing letter of credit fees (“LC Fees”) to compensate Sensata for letter of credit costs incurred to secure HSBC to Sensata consignment agreement. The fee currently is 2.40% per annum of the letter of credit value of $20 million, which can change. The fee will be paid monthly, two business days after the end of the month. These costs may continue to be past on to the Company for four months after termination in the event that they continue to be incurred by Sensata.
Appears in 1 contract
Samples: Consignment Agreement