Transaction Procedure. All transactions will be executed through the custodian. Deposits and withdrawals of cash and/or securities will be made by the Client with the Custodian. Adviser shall not act as custodian for the Account and shall not take possession of cash and/or securities of the Account. Adviser shall not be responsible for any loss incurred by reason of any act or omission of any broker or dealer or the Custodian. Client shall not withdraw or deposit cash and/or securities in the Account without simultaneously informing Adviser.
Transaction Procedure a. All transactions will be consummated by payments to, or delivery by, Client, or such other party as Client may designate in writing (the "Custodian"), of all cash and/or securities due to or from the Account. Adviser shall not act as custodian for the Account and shall not take possession of cash and/or securities of the Account. Adviser shall not be responsible for any loss incurred by reason of any act or omission of any broker or dealer or the Custodian. Client shall not withdraw or deposit cash and/or securities in the Account without simultaneously informing Adviser.
b. Except for approval of Account transactions (which can be verbal), all directions, instructions and/or notices from the Client to Adviser shall be in writing. Adviser shall be fully protected in relying upon any direction, notice, or instruction until it has been duly advised in writing of changes therein. Adviser shall endeavor to process all Account transactions in a timely manner, but does not warrant or represent that any such transaction shall be effected on the same day as discussed.
c. As a non-discretionary engagement, the Client must be willing to accept that the Adviser cannot affect any Account transactions without obtaining prior verbal consent to any such transaction(s) from the Client. Thus, in the event of a market correction, during which the Client is unavailable, the Adviser will be unable to affect any Account transactions without first obtaining the Client’s verbal consent;
Transaction Procedure a) Should the Parties come to an agreement regarding a transaction, the Seller or Buyer shall record that agreement on a Confirmation and communicate such Confirmation in accordance with Section 29 – Notice.
b) Seller will sell to Buyer and Buyer will purchase from Seller that quantity of Product set out in a Confirmation. Buyer shall pay to Seller the price of the Products in accordance with the terms and conditions of this Agreement.
c) A Confirmation will be evidence of acceptance of an offer and will legally bind Parties with respect to such transaction. Seller may re-issue a Confirmation to correct any manifest error promptly identified by Xxxxx, without invalidating a transaction.
d) A Confirmation may confirm more than one transaction. A Confirmation will only contain the commercial terms of a transaction(s) and will not contain terms otherwise modifying, varying or amending this Agreement and will be governed by the provisions of this Agreement.
e) The Parties acknowledge that their agreement will not be binding until the exchange and execution of the Confirmation, the passage of the Confirmation deadline without objection from the receiving Party, or upon Buyer taking delivery of Product from Seller.
f) If there is any conflict between the Confirmation and these General Terms and Conditions, the Confirmation will prevail.
Transaction Procedure. When, from time to time, Customer and Company verbally agree upon all terms of a Transaction including, but not limited to, determination of Buyer and Seller, Contract Price, DCQ or MaxDQ and MinPQ, Period of Delivery, Delivery Point, amount and type of security to be delivered, and timing for delivery thereof, such Transaction shall be legally binding and enforceable, regardless of whether or not such Transaction has been reduced to written form or signed by the Parties.
Transaction Procedure. (i) The parties agree that the essential terms of each Transaction to be entered into hereunder may be orally agreed upon over the telephone, in writing via email or instant messaging system, and in accordance with any other method customary for commodity transactions of the type proposed.
(ii) Following agreement on the terms of a Transaction, Party A shall complete and sign a Confirmation recording the agreed upon terms and forward same to Party B. Party B shall either execute and return the Confirmation or return the Confirmation with applicable corrections, if any, within two (2) Local Business Days of receipt of the Confirmation. Failure of Party A to complete and sign a Confirmation will not affect the validity or enforceability of the Transaction. The Parties shall resolve any dispute in respect of a Confirmation raised within the applicable two (2) Local Business Day period in good faith and, if available, with reference to the recorded telephone negotiations of the Transaction, if any, or with reference to any written exchange confirming the terms of the Transaction at the time such Transaction was entered into. Failure by Party B to respond to any Confirmation within the two (2) Local Business Day period after receipt will not adversely affect the binding, valid and enforceable nature of any Transaction and will, absent manifest error, be deemed to be an affirmation of the terms of the Transaction as set out in the Confirmation. DB1/ 97256719.2 4833-0855-7924
Transaction Procedure. Provider’s side sends DOA for buyer to complete in full with supporting Coporate Undertaking letter and verfiable RWA buyer’s bank letter confirming the buyer has financial capacity and the bank is ready to issue bank undertaking of the required amount. In the event of non-performance (including delays or delivery of Bank Undertaking or any payment demand) to pay to the Provider and to the respective Consultants 1.0% for provider and 0.5% for involved consultants (one and a half percent) of the face value of instrument. Timing is adhered to from both parties in the transaction. • Receiver sends back completed documents as requested. • After successful verfication of agreement, (at Provider’s discretion) coporate undertaking and RWA from buyer’s bank, from Provider’s own due diligence and satisfaction, the Provider executes in the DOA in full, signs and initials advised Deed of Agreement, which thereby automatically becomes a full commercial recourse contract to be lodged by both partiesfor initiation of the Swift Transmission. The Receiver provides a corporate letter of undertaking confirming they have set aside commission fees of 1.0% for sell side and 1.0% for buy side consultants (total Two Percent of face value) of the face value () of the SBLC requested. • Within three (3) working days after the Receiver receives contract documents, the Receiver will send by direct Bank Undertaking Swift MT799 10% (Ten percent) of the face value into the Provider’s designated bank coordinates for the receiving of the Bank Undertaking MT799. • Within Five (5) banking days after confirmation and acceptance of receipt of the Bank Undertaking from the receiver of the SBLC via Swift MT799 in Provider’s bank account, the Provider will deliver the SBLC via Bank to Bank confirmation MT799 followed by MT760 to the Receiver’s banker including the hard copy of the BG/SBLC via bank bonded courier in Seven (7) banking days. • Receiver paysfees of 8% by Swift MT103 to the Provider (Providers designated bank account) and 4% consultants commission fees (Consultants designated accounts) of total BG / SBLC Face Value by wire transfer within Three-Ten (3-10) banking days upon delivery, confirmation and verification of SBLC by MT760 in the Receiver’s nominated account and SBLC hard copy in the Receiver’s nominated bank. • Provider confirms upon receipt of full payment is made by MT103, of fees of 8% to the Provider and 4% Consultant fees, the Bank Undertaking will be cancelled immediatel...
Transaction Procedure. As agreed by both parties based on provided procedure from USDT PROVIDER.
Transaction Procedure. 1 The “PROVIDER” and “RECEIVER” execute this agreement and both parties sign complete contract.
Transaction Procedure. 3.1. Upon the Buyer and Seller full acceptance of transaction procedure, terms and conditions of draft Sale and Purchase Agreement “SPA”. The Parties shall fill in all necessary information including banking detail. Within Two (2) banking days(from the date of this SPA is shown), the Seller and the Buyer shall officially lodge this contract agreement including IMFPA and nominate their respective Bank officers listed in Appendix-A for completion of this transaction, fully accept and agree by bank- to-bank and/or ledger-to-ledger basis.
3.2. After the SPA is signed and lodged with their respective banks the following will be taken:WithinTwo(2)bankingdays,inorderforthePartiesconfirmfullacceptanceandagreementwith banking instruction approval, the SBO will make the first initiative to contact the BBO via bank secured call/communication to formally request validation on specific matter such as:
(a) The confirmation that the contract has indeed been lodged in accordance with the transaction procedure, its terms and conditions, acknowledge the existence of the ongoing transaction indicating Transaction Reference Number:
(b) Confirmation of all unclear information, for all matters explained verbally by the SBO and BBO and their clients: the buyer’s financial capability for the transaction for the face value of the first shipment, gold existence will be sold under the seller’sname.
(c) Confirmation that the Parties have fully accepted and agreed to a Bank-to-Bankformat.
(d) ForthecompletionofthistransactionviaLedger-to-LedgerorBank-to-Bankduediligence and full bank responsibility will be performed between the Parties respective Bank/Bank Officers
(e) If the BBO fails to return the telephone call of the SBO within 24 hours, then the SPA/Contract shall be immediately terminated and the Buyer shall be deemed to have defaulted.
