ADVANCES, OVERDRAFTS AND INDEBTEDNESS Clause Samples

ADVANCES, OVERDRAFTS AND INDEBTEDNESS. Security Interest. Lending Agent may, in its sole discretion, advance funds on behalf of a Portfolio in order to pay to Borrowers any Rebates or to return to Borrowers Cash Collateral to which they are entitled pursuant to the applicable MSLA. Lender, on behalf of the relevant Portfolio, shall repay Lending Agent on demand the amount of any advance or any other amount owed by such Portfolio hereunder. Any such advance shall bear interest at the rate customarily charged by Lending Agent for such advances at the time such advance is made. In order to secure repayment of any advance or other indebtedness of a Portfolio to Lending Agent arising hereunder, Lending Agent shall have a continuing lien and security interest in and to all assets now or hereafter held in the relevant Portfolio's Account (and Lender and the relevant Portfolio shall take such steps as Lending Agent may require to perfect such interest, including directing Custodian to enter into an account control agreement in favor of Lending Agent) and any Collateral Account (to which Lender, on behalf of the relevant Portfolio, is entitled hereunder) and any other property at any time held by it for the benefit of Lender, on behalf of the relevant Portfolio, or in which Lender, on behalf of the relevant Portfolio, may have an interest which is then in Lending Agent's possession or control or in the possession or control of any third party acting on Lending Agent's behalf. In this regard, Lending Agent shall be entitled to all the rights and remedies of a pledgee under common law and a secured party under the New York Uniform Commercial Code and/or any other applicable laws and/or regulations as then in effect.

ADVANCES, OVERDRAFTS AND INDEBTEDNESS. Collateral Agent may, in its sole discretion, advance funds on behalf of Lender to return to Borrowers Cash Collateral to which they are entitled pursuant to instructions from the Securities Lending Agent. The applicable Lender shall repay Collateral Agent on demand the amount of any advance or any other amount owed by such Lender hereunder. Any advance shall bear interest at the rate of federal funds plus 100 basis points. In order to secure repayment of any advance or other indebtedness of Lender to Collateral Agent arising hereunder, Collateral Agent shall have a continuing lien and security interest in and to all assets now or hereafter held in the Account and any Collateral Account (to which Lender is entitled hereunder) and any other property at any time held by it for the benefit of Lender or in which Lender may have an interest which is then in Collateral Agent's possession or control or in the possession or control of any third party acting on Collateral Agent's behalf. In this regard, Collateral Agent shall be entitled to all the rights and remedies of a pledgee under common law and a secured party under the New York Uniform Commercial Code and/or any other applicable laws and/or regulations as then in effect.

ADVANCES, OVERDRAFTS AND INDEBTEDNESS. (a) Bank may, in its sole discretion, advance funds to any Lender in order to pay to Borrowers any Rebates or to return to Borrowers Cash Collateral to which they are entitled or take any action prescribed under Section 5(a) of Article IV hereof or for any other purpose pursuant to this Agreement. Bank may also credit the Account or Collateral Account with Securities Loan Fees payable by Borrowers prior to its receipt thereof. Any such credit or advance hereunder (each an “Advance”) shall be conditional upon receipt by Bank of final payment or settlement and may be reversed to the extent final payment is not received. (b) Client agrees to repay or cause Lender to repay Bank on demand the amount of any Advance or any other amount owed by Lender hereunder plus (except as may be prohibited by law) accrued interest at a rate per annum (based on a 360-day year for the actual number of days involved) not to exceed the relevant overnight inter-bank offered rate as determined by Bank. In the event that any such Advance or other amounts owed by Lender are not so paid, Bank is hereby authorized to obtain such amounts directly from, and setoff such amounts against, the Account or the Collateral Account and Bank shall have a right of setoff against, all assets now or hereafter held in or credited to the Account and the Collateral Account (held on Lender’s behalf) and any other property at any time held by Bank or any Bank Affiliate for the account of Lender.