Oral Agreements and Confirmation Sample Clauses

Oral Agreements and Confirmation. A Sale/Repurchase Transaction specifying at least the Parties, the Commodity, the Sale Price, Sale Date, Repurchase Date, Index, Rate Margin, and the Related Futures Contract and Exchange shall be binding and enforceable as of the time of oral agreement. FCStone Financial shall memorialize the terms of each Sale/Repurchase Transaction entered into orally by sending a Confirmation to Merchant, containing all, or substantially all, of the information set forth in Exhibit “B” hereto and such other terms as the Parties may have agreed, by the close of the second (2nd) Business Day after the Business Day on which such oral agreement was reached. If Merchant does not receive a Confirmation by the close of the third (3rd) Business Day after the Business Day on which such oral agreement was reached, Merchant shall notify FCStone Financial by telephone. Merchant shall confirm the Sale/Repurchase Transaction and signify its acceptance of the terms of FCStone Financial’s Confirmation by signing the Confirmation sent by FCStone Financial and sending it back to FCStone Financial by facsimile transmission, or by sending an Acceptance to FCStone Financial by facsimile transmission accepting the terms of FCStone Financial’s Confirmation, by the close of the next Business Day following Merchant’s receipt of FCStone Financial’s Confirmation. Absent obvious error, a Confirmation shall be deemed conclusive if not accepted or modified in accordance with this Section 1.5 within three (3) Business Days following receipt. Executed facsimile copies of a Confirmation, or a Party’s Confirmation together with an Acceptance received from the other Party shall constitute an original signed document for all purposes under this Master Agreement and under law. The Parties acknowledge and understand that a Sale/Repurchase Transaction may begin before the delivery of the Confirmation or completion of the confirmation process for such Sale/Repurchase Transaction, and that such Confirmation and process are to memorialize in writing the terms binding between the Parties as of the time orally agreed.
Sample 1
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Related to Oral Agreements and Confirmation

  • ORAL AGREEMENTS No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or obligations contained in the Contract Document, and none of the provisions of the Contract Document shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification.

  • NO ORAL AGREEMENT THIS AMENDMENT, THE CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTS EXECUTED IN CONNECTION HEREWITH AND THEREWITH REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR UNWRITTEN ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO SUBSEQUENT ORAL AGREEMENTS BETWEEN THE PARTIES.

  • NO ORAL AGREEMENTS THIS WRITTEN AGREEMENT AND THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.

  • Oral Modifications This Agreement may not be orally amended, modified, extended or terminated, nor shall any oral waiver of any of its terms be effective.

  • Entire Agreement; No Oral Modification This Agreement contains the entire agreement among the parties hereto with respect to the subject matter hereof and supersedes all prior agreements and understandings with respect thereto and may not be amended or modified except in a writing signed by both of the parties hereto.

  • Statements and Confirmations The Securities Intermediary will promptly send copies of all statements, confirmations and other correspondence concerning the Collateral Account and any financial assets credited thereto simultaneously to each of the Purchase Contract Agent and the Collateral Agent at their addresses for notices under this Agreement.

  • Oral Evidence This Agreement constitutes the entire Agreement between the parties and supersedes all prior oral and written agreements between the parties hereto with respect to the subject matter hereof. Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, except by a statement in writing signed by the party or parties against which enforcement or the change, waiver discharge or termination is sought.

  • No Oral Modification or Continuing Waivers No term or provision of this Trust Indenture or the Equipment Notes may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the Owner and the Mortgagee, in compliance with Section 10.01 hereof. Any waiver of the terms hereof or of any Equipment Note shall be effective only in the specific instance and for the specific purpose given.

  • Reaffirmation and Confirmation Borrower hereby ratifies, affirms, acknowledges and agrees that the Credit Agreement and the other Loan Documents to which it is a party represent the valid, enforceable and collectible obligations of Borrower, and further acknowledges that there are no existing claims, defenses, personal or otherwise, or rights of setoff whatsoever with respect to the Credit Agreement or any other Loan Document. Borrower hereby agrees that this Amendment in no way acts as a release or relinquishment of the Liens and rights securing payments of the Obligations. The Liens and rights securing payment of the Obligations are hereby ratified and confirmed by Borrower in all respects.

  • No Oral Modifications This Agreement may not be modified in any manner or terminated except by an instrument in writing executed by the parties hereto.

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