Murabaha Sale. Following the delivery to the Buyer of an Exercise Notice with respect to an Exercise Date, such delivery constituting an offer by the Seller to the Buyer to enter into the relevant Murabaha Sale, together with two copies of the duly completed Murabaha FLPR Asset Sale Confirmation executed by the Seller: (a) the Buyer shall accept such offer either (A) orally by telephone or in writing via email or (B) by countersigning such Murabaha FLPR Asset Sale Confirmation and returning one such original to the Seller on the same day as that on which the Exercise Notice became effective (in accordance with Section 12 of the Agreement). If the Buyer accepts such offer by telephone or via email, then such acceptance shall be subsequently confirmed by returning to the Seller an original of the countersigned Murabaha FLPR Asset Sale Confirmation, although any failure to do so shall not invalidate such acceptance; (b) the Seller shall deliver to the Buyer on the Purchase Date, the FLPR Asset Quantity of the FLPR Assets, title and risk in which shall pass upon delivery; and (c) the Buyer shall pay to the Seller the applicable Payment Amount on the relevant Payment Date. For the purposes of Section 5(a)(ii)(3) of the Agreement, a failure by the Buyer to accept the Seller's offer in accordance with subparagraph (a) above shall constitute a failure by the Buyer to enter into a Designated Future transaction in compliance with and in accordance with the terms of Section 2(a)(i) of the Agreement and this DFT Terms Agreement, unless such failure is remedied in accordance with the terms of that Section 5(a)(ii)(3).
Appears in 1 contract
Samples: DFT Terms Agreement
Murabaha Sale. Following the delivery to the Buyer of an Exercise Notice with respect to an Exercise Date, such delivery constituting an offer by the Seller to the Buyer to enter into the relevant Murabaha Sale, together with two copies of the duly completed Murabaha FLPR FPR Asset Sale Confirmation executed by the Seller:
(a) the Buyer shall accept such offer either (A) orally by telephone or in writing via email email, or (B) by countersigning such Murabaha FLPR FPR Asset Sale Confirmation and returning one such original to the Seller on the same day as that on which the Exercise Notice became effective (in accordance with Section 12 of the Agreement). If the Buyer accepts such offer by telephone or via email, then such acceptance shall be subsequently confirmed by returning to the Seller an original of the countersigned Murabaha FLPR FPR Asset Sale Confirmation, although any failure to do so shall not invalidate such acceptance;
(b) the Seller shall deliver to the Buyer on the Purchase Date, the FLPR FPR Asset Quantity of the FLPR FPR Assets, title and risk in which shall pass upon delivery; and
(c) the Buyer shall pay to the Seller the applicable Payment Amount on the relevant Payment Date. For the purposes of Section 5(a)(ii)(3) of the Agreement, a failure by the Buyer to accept the Seller's offer in accordance with subparagraph (a) above shall constitute a failure by the Buyer to enter into a Designated Future transaction in compliance with and in accordance with the terms of Section 2(a)(i) of the Agreement and this DFT Terms Agreement, unless such failure is remedied in accordance with the terms of that Section 5(a)(ii)(3).
Appears in 1 contract
Samples: DFT Terms Agreement
Murabaha Sale. Following the delivery to the Buyer of an Exercise Notice with respect to an Exercise Date, such delivery constituting an offer by the Seller to the Buyer to enter into the relevant Murabaha Sale, together with two copies of the duly completed Murabaha FLPR Asset Sale Confirmation executed by the Seller:
(a) the Buyer shall accept such offer either (A) orally by telephone or in writing via email email, or (B) by countersigning such Murabaha FLPR Asset Sale Confirmation and returning one such original to the Seller on the same day as that on which the Exercise Notice became effective (in accordance with Section 12 of the Agreement). If the Buyer accepts such offer by telephone or via email, then such acceptance shall be subsequently confirmed by returning to the Seller an original of the countersigned Murabaha FLPR Asset Sale Confirmation, although any failure to do so shall not invalidate such acceptance;
(b) the Seller shall deliver to the Buyer on the Purchase Date, the FLPR Asset Quantity of the FLPR Assets, title and risk in which shall pass upon delivery; and
(c) the Buyer shall pay to the Seller the applicable Payment Amount on the relevant Payment Date. For the purposes of Section 5(a)(ii)(3) of the Agreement, a failure by the Buyer to accept the Seller's offer in accordance with subparagraph (a) above shall constitute a failure by the Buyer to enter into a Designated Future transaction in compliance with and in accordance with the terms of Section 2(a)(i) of the Agreement and this DFT Terms Agreement, unless such failure is remedied in accordance with the terms of that Section 5(a)(ii)(3).
Appears in 1 contract
Samples: DFT Terms Agreement
Murabaha Sale. Following the delivery to the Buyer of an Exercise Notice with respect to an Exercise Date, such delivery constituting an offer by the Seller to the Buyer to enter into the relevant Murabaha Sale, together with two copies of the duly completed Murabaha FLPR FPR Asset Sale Confirmation executed by the Seller:
(a) the Buyer shall accept such offer either (A) orally by telephone or in writing via email or (B) by countersigning such Murabaha FLPR FPR Asset Sale Confirmation and returning one such original to the Seller on the same day as that on which the Exercise Notice became effective (in accordance with Section 12 of the Agreement). If the Buyer accepts such offer by telephone or via email, then such acceptance shall be subsequently confirmed by returning to the Seller an original of the countersigned Murabaha FLPR FPR Asset Sale Confirmation, although any failure to do so shall not invalidate such acceptance;
(b) the Seller shall deliver to the Buyer on the Purchase Date, the FLPR FPR Asset Quantity of the FLPR FPR Assets, title and risk in which shall pass upon delivery; and
(c) the Buyer shall pay to the Seller the applicable Payment Amount on the relevant Payment Date. For the purposes of Section 5(a)(ii)(3) of the Agreement, a failure by the Buyer to accept the Seller's offer in accordance with subparagraph (a) above shall constitute a failure by the Buyer to enter into a Designated Future transaction in compliance with and in accordance with the terms of Section 2(a)(i) of the Agreement and this DFT Terms Agreement, unless such failure is remedied in accordance with the terms of that Section 5(a)(ii)(3).
Appears in 1 contract
Samples: DFT Terms Agreement