Common use of Requests for Consignments Clause in Contracts

Requests for Consignments. (a) Requests for delivery of Precious Metal to be held for consignment hereunder shall be made by an Authorized Representative to an authorized officer of HSBC by telephone of fax. Each request shall indicate: (i) the quantity and quality of the Precious Metal to be delivered; (ii) the date on which the delivery is requested to be made; (iii) the term of the consignment (up to three (3) months or any other terms which is mutually acceptable); and (iv) the specific entity and location to which delivery of Precious Metal is to be made (the “Consignment Request”). (b) Upon acceptance by HSBC of a Consignment Request, it may elect to issue a written confirmation to the Company confirming the consignment of Precious Metal to the Company in accordance with the terms of such Consignment Request or as otherwise indicated on the confirmation, which may state the Fixed Consignment Rate or Floating Consignment Rate to apply to such consignment. If HSBC elects to issue a confirmation, the consignment rate and other information set forth in the same shall be binding on the parties. Notwithstanding HSBC’s acceptance of the terms of any Consignment Request, HSBC may condition its delivery and consignment of Precious Metal to the Company on HSBC’s receipt, at an address provided from time to time by HSBC to the Company, of a corresponding confirmation signed by the Company and such other documentation as HSBC may deem necessary or appropriate. (c) Requests for Fixed Rate Consignments of Precious Metal shall be for not less than 10,000 fine xxxx ounces or integral multiples of 1,000 fine xxxx ounces in excess thereof. (d) There shall be no minimum ounce requirements for requests for, and repayments of, Variable Rate Consignments. (e) There shall be no more than ten (10) Fixed Rate Consignments outstanding for Consigned Precious Metal at any one time. (f) Requests for any Variable Rate Consignments shall be delivered to HSBC no later than 12:00 noon (New York time) one (1) Business Day prior to the proposed Drawdown Date. Each such notice shall specify (i) the amount and form of Precious Metal requested, (ii) the proposed Drawndown Date of such consignment, and (iii) whether such request is a standing order. (g) Requests for any Fixed Rate Consignments shall be delivered to HSBC by 12:00 noon (New York time) two (2) London Banking Days prior to the proposed Drawdown Date. Each such notice shall specify (i) the amount and form of Precious Metal requested, (ii) the proposed Drawdown Date of such consignment, and (iii) the Consignment Period for such consignment. (h) The Company irrevocably authorizes HSBC to make or cause to be made, at or about the time of the Drawdown Date of any consignment of Precious Metal or at the time of receipt of any payment of purchase price for Consigned Precious Metal or any redelivery of Consigned Precious Metal, an appropriate notation on HSBC’s books and records reflecting the making of such consignment of Precious Metal or (as the case may be) the receipt of such purchase price for Consigned Precious Metal, or any redelivery of Consigned Precious Metal. The amount of the Consignment Facility Indebtedness set forth in HSBC’s books and records shall be prima facie evidence of the Consignment Facility Indebtedness owing and unpaid to HSBC, but the failure to record, or any error in so recording, any such amount on HSBC’s books and records shall not limit or otherwise affect the obligations of the Company hereunder to make pay and perform its obligation under the Consignment Facility when due.

Appears in 2 contracts

Samples: Consignment Agreement, Consignment Agreement (Sensata Technologies Holland, B.V.)

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Requests for Consignments. The Borrower shall give to the Gold Agent written notice in the form of Exhibit G hereto (aor telephonic notice confirmed in a writing in the form of Exhibit G hereto) Requests for delivery of Precious Metal to be held for consignment each Consignment requested hereunder shall be made by an Authorized Representative to an authorized officer of HSBC by telephone of fax. Each request shall indicate: (i) the quantity and quality of the Precious Metal to be delivered; (ii) the date on which the delivery is requested to be made; (iii) the term of the consignment (up to three (3) months or any other terms which is mutually acceptable); and (iv) the specific entity and location to which delivery of Precious Metal is to be made (the “a "Consignment Request”). (b") Upon acceptance by HSBC of a Consignment Request, it may elect to issue a written confirmation to the Company confirming the consignment of Precious Metal to the Company in accordance with the terms of such Consignment Request or as otherwise indicated on the confirmation, which may state the Fixed Consignment Rate or Floating Consignment Rate to apply to such consignment. If HSBC elects to issue a confirmation, the consignment rate and other information set forth in the same shall be binding on the parties. Notwithstanding HSBC’s acceptance of the terms of any Consignment Request, HSBC may condition its delivery and consignment of Precious Metal to the Company on HSBC’s receipt, at an address provided from time to time by HSBC to the Company, of a corresponding confirmation signed by the Company and such other documentation as HSBC may deem necessary or appropriate. (c) Requests for Fixed Rate Consignments of Precious Metal shall be for not less than 10,000 fine xxxx ounces or integral multiples of 1,000 fine xxxx ounces in excess thereof. (d) There shall be no minimum ounce requirements for requests for, and repayments of, Variable Rate Consignments. (e) There shall be no more than ten (10) Fixed Rate Consignments outstanding for Consigned Precious Metal at any one time. (f) Requests for any Variable Rate Consignments shall be delivered to HSBC no later than 12:00 noon (New York time) 10:00 a.m. one (1) Business Day prior to the proposed Gold Drawdown Date. Each such notice shall specify (i) the amount and form of Precious Metal requested, (ii) the proposed Drawndown Date of such consignment, and any Consignment Base Rate Amount or three (iii3) whether such request is a standing order. (g) Requests for any Fixed Rate Consignments shall be delivered to HSBC by 12:00 noon (New York time) two (2) London Banking Business Days prior to the proposed Gold Drawdown Date of any Consignment Fixed Rate Amount; provided, that solely with respect to Deliveries to be made at Specified Refiner locations by the making of a book entry transfer of Precious Metal to the Borrower's account with such Specified Refiner, the Borrower shall be permitted to provide such Consignment Request to the Gold Agent no later than 2:00 p.m. on the proposed Gold Drawdown Date of any such Delivery. Each such Consignment Request shall specify (a) the nature of the Consignment as a Delivery or a Purchase and Consignment, (b) the number of xxxx ounces of (i) Precious Metal to be Delivered or, as the case may be (ii) Borrower's Precious Metal to be purchased and consigned, (c) the proposed Gold Drawdown Date of such Consignment, (d) whether such Consignment is to be a Consignment Fixed Rate Amount or a Consignment Base Rate Amount, (e) if such Consignment is to be a Consignment Fixed Rate Amount, the Interest Period applicable to such Consignment, and (f) if such Consignment is to be a Delivery, whether such Delivery is to be made to the Borrower at the Gold Agent's Head Office or at a Borrower Permitted Inventory Location (with each such Consignment Request to specify such Borrower Permitted Inventory Location). Each Consignment Request shall be irrevocable and binding on the Borrower and shall obligate the Borrower to either (i) in the case of any Purchase and Consignment, sell and take on consignment such Borrower's Precious Metal on the proposed Gold Drawdown Date or (ii) in the case of any Delivery, take Delivery of such Precious Metal on the proposed Gold Drawdown Date. Each such notice Consignment Request for Consignment Base Rate Amounts shall specify be in a minimum aggregate amount of 100 xxxx ounces or an integral multiple of one hundred (i100) the amount and form of Precious Metal requested, (ii) the proposed Drawdown Date of such consignmentin excess thereof, and (iii) the each Consignment Period Request for such consignment. (h) The Company irrevocably authorizes HSBC to make or cause to Consignment Fixed Rate Amounts shall be made, at or about the time of the Drawdown Date of any consignment of Precious Metal or at the time of receipt of any payment of purchase price for Consigned Precious Metal or any redelivery of Consigned Precious Metal, an appropriate notation on HSBC’s books and records reflecting the making of such consignment of Precious Metal or (as the case may be) the receipt of such purchase price for Consigned Precious Metal, or any redelivery of Consigned Precious Metal. The in a minimum aggregate amount of the Consignment Facility Indebtedness set forth five thousand (5,000) xxxx ounces or an integral multiple of one thousand (1000) in HSBC’s books and records shall be prima facie evidence of the Consignment Facility Indebtedness owing and unpaid to HSBC, but the failure to record, or any error in so recording, any such amount on HSBC’s books and records shall not limit or otherwise affect the obligations of the Company hereunder to make pay and perform its obligation under the Consignment Facility when dueexcess thereof.

Appears in 2 contracts

Samples: Revolving Credit, Term Loan and Gold Consignment Agreement (Commemorative Brands Inc), Revolving Credit, Term Loan and Gold Consignment Agreement (Commemorative Brands Inc)

Requests for Consignments. (a) Requests for delivery of Precious Metal to be held for consignment hereunder shall be made by an Authorized Representative to an authorized officer of HSBC Sensata by telephone of or fax. Each request shall indicate: (i) the quantity and quality of the Precious Metal to be delivered; (ii) the date on which the delivery is requested to be made; (iii) the term of the consignment (up to three (3) months or any other terms term which is mutually acceptable); and (iv) the specific entity and location to which delivery of Precious Metal is to be made (the “Consignment Request”). (b) Upon acceptance by HSBC Sensata of a Consignment Request, it may elect to issue a written confirmation to the Company confirming the consignment of Precious Metal to the Company in accordance with the terms of such Consignment Request or as otherwise indicated on the confirmation, which may state the Fixed Consignment Rate or Floating Variable Consignment Rate to apply to such consignment. If HSBC Sensata elects to issue a confirmation, the consignment rate and other information set forth in the same shall be binding on the parties. Notwithstanding HSBCSensata’s acceptance of the terms of any Consignment Request, HSBC Sensata may condition its delivery and consignment of Precious Metal to the Company on HSBCSensata’s receipt, at an address provided from time to time by HSBC Sensata to the Company, of a corresponding confirmation signed by the Company and such other documentation as HSBC Sensata may deem necessary or appropriate. (c) Requests for Fixed Rate Consignments of Precious Metal shall be for not less than 10,000 fine xxxx ounces or integral multiples of 1,000 fine xxxx ounces in excess thereof. (d) There shall be no minimum ounce requirements for requests for, and repayments of, Variable Rate Consignments. (e) There shall be no more than ten (10) Fixed Rate Consignments outstanding for Consigned Precious Metal at any one time. (f) Requests for any Variable Rate Consignments shall be delivered to HSBC Sensata no later than 12:00 noon 9:30 AM (New York time) one (1) Business Day prior to the proposed Drawdown Date. Each such notice shall specify (i) the amount and form of Precious Metal requested, (ii) the proposed Drawndown Drawdown Date of such consignment, and (iii) whether such request is a standing order. (g) Requests for any Fixed Rate Consignments shall be delivered to HSBC Sensata by 12:00 noon 9:30 AM (New York time) two (2) London Banking Days prior to the proposed Drawdown Date. Each such notice shall specify (i) the amount and form of Precious Metal requested, (ii) the proposed Drawdown Date of such consignment, and (iii) the Consignment Period for such consignment. (h) The Company irrevocably authorizes HSBC Sensata to make or cause to be made, at or about the time of the Drawdown Date of any consignment of Precious Metal or at the time of receipt of any payment of purchase price for Consigned Precious Metal or any redelivery of Consigned Precious Metal, an appropriate notation on HSBCSensata’s books and records reflecting the making of such consignment of Precious Metal or (as the case may be) the receipt of such purchase price for Consigned Precious Metal, or any redelivery of Consigned Precious Metal. The amount of the Consignment Facility Indebtedness set forth in HSBCSensata’s books and records shall be prima facie evidence of the Consignment Facility Indebtedness owing and unpaid to HSBCSensata, but the failure to record, or any error in so recording, any such amount on HSBCSensata’s books and records shall not limit or otherwise affect the obligations of the Company hereunder to make pay and perform its obligation under the Consignment Facility when due.

Appears in 2 contracts

Samples: Consignment Agreement, Consignment Agreement (Sensata Technologies Holland, B.V.)

Requests for Consignments. (a) Requests for delivery of Precious Metal to be held for consignment hereunder shall be made by an Authorized Representative to an authorized officer of HSBC by telephone of faxor telecopier or online through the Evolve program (the “Consignment Request”). Each request Consignment Request sent shall indicate: (i) the quantity quantity, type and quality of the Precious Metal to be deliveredconsigned; (ii) the date on which the delivery is requested to be madeDrawdown Date; (iii) the term of the consignment (up to three (3) months or any other terms which is mutually acceptable)Consignment Period; and (iv) the specific entity and location to Counterparty at which delivery of the Precious Metal is to will be made (the “Consignment Request”)credited. (b) Upon acceptance by HSBC of is not obligated to accept any Consignment Request and may accept or reject a Consignment Request in its sole discretion. If HSBC accepts a Consignment Request, it may elect to issue a written confirmation to the Company Companies confirming the consignment of Precious Metal to the Company Companies in accordance with the terms of such Consignment Request or as otherwise indicated on the confirmation, which may shall state the Fixed Rate Consignment Rate or Floating Consignment Rate to apply to such consignment. If The issuance of a confirmation by HSBC elects shall be deemed to issue a confirmation, be an acceptance by HSBC of the consignment rate Consignment Request and the Fixed Rate Consignment and other information set forth in the same which shall be binding on the parties. Notwithstanding All confirmations issued by HSBC shall be deemed to be accurate and shall be conclusively binding upon the Companies unless the Companies shall dispute such confirmation by written notice (giving the reasons therefor) to HSBC promptly but in no event later than within three (3) Business Days of receiving such confirmation. In the event of a dispute, HSBC’s acceptance electronic recording of the terms of any Consignment Request, HSBC may condition its delivery and consignment of Precious Metal to the Company on HSBC’s receipt, at an address provided from time to time by HSBC to the Company, of a corresponding confirmation signed by the Company and such other documentation as HSBC may deem necessary or appropriatetelephonic request shall be controlling. (c) Consignment Requests for Fixed Rate Consignments of Precious Metal shall be for not less than 10,000 fine xxxx ounces or integral multiples of 1,000 fine xxxx ounces in excess thereof. (d) There shall be no minimum ounce requirements for requests for, and repayments of, Variable Rate Consignments. (e) There shall be no more than ten (10) Fixed Rate Consignments outstanding for Consigned Precious Metal at any one time. (f) Requests for any Variable Rate Consignments shall be delivered to HSBC no later than 12:00 noon (New York time) one (1) Business Day prior to the proposed Drawdown Date. Each such notice shall specify (i) the amount and form of Precious Metal requested, (ii) the proposed Drawndown Date of such consignment, and (iii) whether such request is a standing order. (g) Requests for any Fixed Rate Consignments shall be delivered to HSBC by 12:00 noon (New York time) two (2) London Banking Days prior to the proposed Drawdown Date. Each such notice shall specify (i) the amount and form of Precious Metal requested, (ii) the proposed Drawdown Date of such consignment, and (iii) the Consignment Period for such consignment. (hd) The Company Companies irrevocably authorizes authorize HSBC to make or cause to be made, at or about the time of the Drawdown Date of any consignment of Precious Metal or at the time of receipt of any payment of purchase price for Consigned Precious Metal or any redelivery of Consigned Precious MetalMetals Payment, an appropriate notation on on. HSBC’s books and records reflecting the making of such consignment of Precious Metal or (as the case may be) the receipt of such purchase price Metals Payment for Consigned Precious Metal, or any redelivery of Consigned Precious Metal. The amount of the Consignment Facility Indebtedness set forth in HSBC’s books and records shall be prima facie evidence of the Consignment Facility Indebtedness owing and unpaid to HSBC, but the failure to record, or any error in so recording, any such amount on HSBC’s books and records shall not limit or otherwise affect the obligations of the Company Companies hereunder to make pay and perform its their obligation under the Consignment Facility when due.

Appears in 1 contract

Samples: Consignment Agreement (Quality Gold Holdings, Inc.)

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Requests for Consignments. (a) Requests for delivery of Precious Metal to be held for consignment hereunder shall be made by an Authorized Representative to an authorized officer of HSBC by telephone of or fax. Each request shall indicate: (i) the quantity and quality of the Precious Metal to be delivered; (ii) the date on which the delivery is requested to be made; (iii) the term of the consignment (up to three (3) months or any other terms which is mutually acceptable); and (iviii) the specific entity and location to which delivery of Precious Metal is to be made (the "Consignment Request"). (b) Upon acceptance by HSBC of is not obligated to accept any Consignment Request and may accept or reject a Consignment Request in its sole discretion. If HSBC accepts a Consignment Request, it may elect to issue a written confirmation to the Company Companies confirming the consignment of Precious Metal to the Company Companies in accordance with the terms of such Consignment Request or as otherwise indicated on the confirmation, which may state the Fixed Consignment Rate or Floating Consignment Rate to apply to such consignment. If HSBC elects to issue a confirmation, the consignment rate and other information set forth in the same shall be binding on the parties. Notwithstanding HSBC’s 's acceptance of the terms of any Consignment Request, HSBC may condition its delivery and consignment of Precious Metal to the Company Companies on HSBC’s 's receipt, at an address provided from time to time by HSBC to the CompanyCompanies, of a corresponding confirmation signed by the Company Companies and such other documentation as HSBC may deem necessary or appropriate. (c) Requests for Fixed Rate Consignments of Precious Metal In the event that the Companies do not notify HSBC otherwise, it shall be deemed that the Companies have requested that HSBC rollover each Consignment Request for not less than 10,000 fine xxxx ounces an additional Consignment Period upon the termination of each applicable Consignment Period. HSBC may, in its sole and absolute discretion, elect whether to accept such request and rollover a Consignment Request at the end of the applicable Consignment Period or integral multiples of 1,000 fine xxxx ounces in excess to require repayment thereof. (d) There shall be no minimum ounce requirements for requests for, and repayments of, Variable Rate Consignmentsconsignments of Precious Metal. (e) There shall be no more than ten (10) Fixed Rate Consignments outstanding for Consigned Precious Metal at any one time. (f) Requests for any Variable Rate Consignments consignments shall be delivered to HSBC no later than 12:00 noon 1:00 p.m. (New York time) one (1) on the same Business Day prior to as the proposed Drawdown Date. Each such notice shall specify (i) the amount and form of Precious Metal requested, (ii) the proposed Drawndown Date of such consignment, and (iii) whether such request is a standing order. (g) Requests for any Fixed Rate Consignments shall be delivered to HSBC by 12:00 noon (New York time) two (2) London Banking Days prior to the proposed Drawdown Date. Each such notice shall specify (i) the amount and form of Precious Metal requested, (ii) the proposed Drawdown Date of such consignment, and (iii) the Consignment Period for such consignment. (hf) The Company Companies irrevocably authorizes authorize HSBC to make or cause to be made, at or about the time of the Drawdown Date of any consignment of Precious Metal or at the time of receipt of any payment of purchase price for Consigned Precious Metal or any redelivery of Consigned Precious Metal, an appropriate notation on HSBC’s 's books and records reflecting the making of such consignment of Precious Metal or (as the case may be) the receipt of such purchase price for Consigned Precious Metal, or any redelivery of Consigned Precious Metal. The amount of the Consignment Facility Indebtedness set forth in HSBC’s 's books and records shall be prima facie evidence of the Consignment Facility Indebtedness owing and unpaid to HSBC, but the failure to record, or any error in so recording, any such amount on HSBC’s 's books and records shall not limit or otherwise affect the obligations of the Company Companies hereunder to make pay and perform its their obligation under the Consignment Facility when due.

Appears in 1 contract

Samples: Consignment Agreement (Wolverine Tube Inc)

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