Common use of Purchase Request Clause in Contracts

Purchase Request. We hereby request to purchase the Commodity from the Bank and undertake as follows:- (a) to purchase the Commodity from the Bank at the Bank’s Selling Price as soon as is reasonable upon the Bank’s purchase of the Commodity from a Commodity Supplier including purchases made through Bursa Suq Al-Xxxx’; and (b) for the purpose of our said purchase of the Commodity from the Bank, to enter into the Murabahah Sale Contract with the Bank upon the terms as stated under the Schedule herein. Breach of any of the terms of our undertaking herein given shall constitute an Event of Default under the Agreement. We hereby undertake to indemnify the Bank (forthwith upon demand by the Bank) for any actual loss that shall have been suffered by the Bank as a result of such breach Provided Always that in such event of breach the Bank shall have invoked its rights under this undertaking within two (2) calendar days from the date of discovery of the breach failing which this Purchase Request shall be deemed as revoked and shall be of no force and effect. For the purpose of this paragraph, reference to “actual loss” shall be determined based on the actual costs incurred by the Bank which is directly attributable to our breach of any of the terms of our undertaking herein such as the cost of legal action (on a solicitor and client basis), storage cost of the Commodity (if applicable) and, without imposing any obligation on the part of the Bank to sell the Commodity to other third party, any shortfall between the disposal price receives by the Bank for the sale of the Commodity to other third party (due to our breach herein) and the Bank’s Purchase Price. Such actual loss shall not include indirect costs such as allocated overhead costs or salary or opportunity costs such as cost of funds. Upon fulfilment of our undertaking herein and in accordance with the terms herein given, this Purchase Request shall be of no further force and effect whereupon we shall be deemed to have been discharged of our undertaking herein given. This Purchase Request shall be irrevocable (in the absence of any prior written consent of the Bank), binding on me/us and my/our successors in title, permitted assignees, heirs and personal representatives and shall be construed in accordance with the laws of Malaysia. With the issuance of this Purchase Request, we acknowledge that we understand the nature and contents of this Purchase Request.

Purchase Request. We hereby Electronic may during the Availability Period make a request to purchase the Commodity from the Bank and undertake as follows:- (a) to purchase the Commodity from the Bank at the Bank’s Selling Price as soon as is reasonable upon the Bank’s for purchase of the Commodity from Electronic Notes (any such request being herein called a Commodity Supplier including purchases made through Bursa Suq Al-Xxxx’; and (b) for the purpose of our said purchase of the Commodity from the Bank, to enter into the Murabahah Sale Contract with the Bank upon the terms as stated under the Schedule herein"PURCHASE REQUEST"). Breach of any of the terms of our undertaking herein given shall constitute an Event of Default under the Agreement. We hereby undertake to indemnify the Bank (forthwith upon demand by the Bank) for any actual loss that shall have been suffered by the Bank as a result of such breach Provided Always that in such event of breach the Bank shall have invoked its rights under this undertaking within two (2) calendar days from the date of discovery of the breach failing which this A Purchase Request shall be deemed made to Prudential by telecopier or overnight delivery service, and shall (i) specify the aggregate principal amount of Electronic Notes covered thereby, which shall not be less than $10,000,000 and shall not be greater than $50,000,000, (ii) specify the principal amount, final maturity, principal prepayment dates and amounts and interest payment periods (which shall be semi-annually in arrears) of the Electronic Notes (which specification must provide for a maturity of not more than fifteen years and an Average Life to Maturity of not more than ten years), (iii) confirm that the use of proceeds of such Electronic Notes shall be the purchase of publicly traded common stock of the Company pursuant to a tender offer therefor and payment of expenses related thereto, (iv) specify the proposed day for the closing of the purchase and sale of the Electronic Notes, which shall be a Business Day during the Availability Period not less than 5 Business Days after the making of such Purchase Request and not later than June 28, 1996, (v) specify the number of the account and the name and address of the depository institution to which the aggregate purchase price of such Electronic Notes are to be transferred on the Closing Day for such purchase and sale, (vi) certify that the representations and warranties contained in paragraph 8 are true on and as revoked of the date of such Purchase Request, that there exists on the date of such Purchase Request no Event of Default or Default and that no Material Adverse Change has occurred and (vii) be substantially in the form of Exhibit B-1 attached hereto. Each Purchase Request ----------- shall be in writing and shall be of no force and effect. For the purpose of this paragraph, reference to “actual loss” shall be determined based on the actual costs incurred by the Bank which is directly attributable to our breach of any of the terms of our undertaking herein deemed made when such as the cost of legal action (on a solicitor and client basis), storage cost of the Commodity (if applicable) and, without imposing any obligation on the part of the Bank to sell the Commodity to other third party, any shortfall between the disposal price receives by the Bank for the sale of the Commodity to other third party (due to our breach herein) and the Bank’s Purchase Price. Such actual loss shall not include indirect costs such as allocated overhead costs or salary or opportunity costs such as cost of funds. Upon fulfilment of our undertaking herein and in accordance with the terms herein given, this Purchase Request shall be of no further force and effect whereupon we shall be deemed to any supplemental information requested by Prudential have been discharged of our undertaking herein givenreceived by Prudential. This No Purchase Request shall may be irrevocable (in the absence submitted during any period of any prior written consent of the Bank), binding on me/us and my/our successors in title, permitted assignees, heirs and personal representatives and shall be construed in accordance with the laws of Malaysia. With the issuance of this Purchase Request, we acknowledge that we understand the nature and contents of this Purchase RequestMarket Disruption.