Common use of Appointment Authority Clause in Contracts

Appointment Authority. (a) Lender hereby appoints X.X. Xxxxxx as its agent to lend Securities in each of the Lending Accounts on Lender’s behalf to Borrowers from time to time in accordance with the terms of this Agreement and on such terms and conditions and at such times as X.X. Xxxxxx shall determine. X.X. Xxxxxx hereby accepts appointment as such agent. (b) Lender hereby authorizes and empowers X.X. Xxxxxx to execute in Lender’s name and on its behalf and at its risk all agreements and documents as may be necessary to carry out any of the powers herein granted to X.X. Xxxxxx. In this regard, Lender hereby acknowledges receipt of the forms of MSLA and authorizes X.X. Xxxxxx to lend Securities in the Lending Accounts to Borrowers under agreements substantially in the forms of the MSLA; it being understood and agreed, however, that X.X. Xxxxxx shall provide prior written notice to Lender of any material change to the MSLA entered into with any Borrower. Lender acknowledges that as of April 2019, MSLAs in the form annexed to Schedule 6B(i) (the OSLA), will no longer receive the benefit of the ISLA legal opinions relating to the enforceability of netting provisions. MSLAs in the form annexed to Schedule 6B(ii) (the GMSLA) will continue to receive the benefit of such legal opinions. Lender hereby consents to the existing OSLAs being replaced with GMSLAs, and upon completion of the re-papering process, X.X. Xxxxxx to lend Securities in the Lending Accounts to non-U.S. Borrowers under agreements substantially in the form of the GMSLA. X.X. Xxxxxx may exercise all rights and powers provided under any MSLA as may be incidental to that MSLA.

Appointment Authority. (a) Lender hereby appoints X.X. Xxxxxx as its agent to lend Securities in each of the Lending Accounts on Lender’s behalf to Borrowers from time to time in accordance with the terms of this Agreement and on such terms and conditions and at such times as X.X. Xxxxxx shall determine. X.X. Xxxxxx hereby accepts appointment as such agent. (b) Lender hereby authorizes and empowers X.X. Xxxxxx to execute in Lender’s name and on its behalf and at its risk all agreements and documents as may be necessary to carry out any of the powers herein granted to X.X. Xxxxxx. In this regard, Lender hereby acknowledges receipt of the forms of MSLA and authorizes X.X. Xxxxxx to lend Securities in the Lending Accounts to Borrowers under agreements substantially in the forms of the MSLA; it being understood and agreed, however, that X.X. Xxxxxx shall provide prior written notice to notify Lender of any material change to the MSLA entered into with any Borrower. Lender acknowledges that as of April 2019, MSLAs in the form annexed to Schedule 6B(i) (the OSLA), will no longer receive the benefit of the ISLA legal opinions relating to the enforceability of netting provisions. MSLAs in the form annexed to Schedule 6B(ii) (the GMSLA) will continue to receive the benefit of such legal opinions. Lender hereby consents to the existing OSLAs being replaced with GMSLAs, and upon completion of the re-papering process, X.X. Xxxxxx to lend Securities in the Lending Accounts to non-U.S. Borrowers under agreements substantially in the form of the GMSLA. X.X. Xxxxxx may exercise all rights and powers provided under any MSLA as may be incidental to that MSLA. (c) Lender and X.X. Xxxxxx have entered into the X.X. Xxxxxx Custody Agreement to provide for the safekeeping of Securities received by X.X. Xxxxxx as it provides agent lending and cash collateral investment services to Lender under this Agreement.

Appointment Authority. (a) Lender hereby appoints X.X. J.X. Xxxxxx as its agent to lend Securities in each of the Lending Accounts on Lender’s behalf to Borrowers from time to time in accordance with the terms of this Agreement and on such terms and conditions and at such times as X.X. J.X. Xxxxxx shall determine. X.X. J.X. Xxxxxx hereby accepts appointment as such agent. (b) Lender hereby authorizes and empowers X.X. J.X. Xxxxxx to execute in Lender’s name and on its behalf and at its risk all agreements and documents as may be necessary to carry out any of the powers herein granted to X.X. J.X. Xxxxxx. In this regard, Lender hereby acknowledges receipt of the forms of MSLA and authorizes X.X. J.X. Xxxxxx to lend Securities in the Lending Accounts to Borrowers under agreements substantially in the forms of the MSLA; it being understood and agreed, however, that X.X. J.X. Xxxxxx shall provide prior written notice to notify Lender of any material change to the MSLA entered into with any Borrower. Lender acknowledges that as of April 2019, MSLAs in the form annexed to Schedule 6B(i) (the OSLA), will no longer receive the benefit of the ISLA legal opinions relating to the enforceability of netting provisions. MSLAs in the form annexed to Schedule 6B(ii) (the GMSLA) will continue to receive the benefit of such legal opinions. Lender hereby consents to the existing OSLAs being replaced with GMSLAs, and upon completion of the re-papering process, X.X. Xxxxxx to lend Securities in the Lending Accounts to non-U.S. Borrowers under agreements substantially in the form of the GMSLA. X.X. J.X. Xxxxxx may exercise all rights and powers provided under any MSLA as may be incidental to that MSLA. (c) Lender and J.X. Xxxxxx have entered into the J.X. Xxxxxx Custody Agreement to provide for the safekeeping of Securities received by J.X. Xxxxxx as it provides agent lending and cash collateral investment services to Lender under this Agreement.

Appointment Authority. (a) Lender hereby appoints X.X. Xxxxxx as its agent to lend Securities in each of the Lending Accounts on Lender’s behalf to Borrowers from time to time in accordance with the terms of this Agreement and on such terms and conditions and at such times as X.X. Xxxxxx shall determine. , X.X. Xxxxxx hereby accepts appointment as such agent. (b) Lender hereby authorizes and empowers X.X. Xxxxxx to execute in Lender’s name and on its behalf and at its risk all agreements and documents as may be necessary to carry out any of the powers herein granted to X.X. Xxxxxx. In this regard, Lender hereby acknowledges receipt of the forms of MSLA and authorizes X.X. Xxxxxx to lend Securities in the Lending Accounts to Borrowers under agreements substantially in the forms of the MSLA; it being understood and agreed, however, that X.X. Xxxxxx shall provide prior written notice to notify Lender of any material change to the MSLA entered into with any Borrower. Lender acknowledges that as of April 2019, MSLAs in the form annexed to Schedule 6B(i) (the OSLA), will no longer receive the benefit of the ISLA legal opinions relating to the enforceability of netting provisions. MSLAs in the form annexed to Schedule 6B(ii) (the GMSLA) will continue to receive the benefit of such legal opinions. Lender hereby consents to the existing OSLAs being replaced with GMSLAs, and upon completion of the re-papering process, X.X. Xxxxxx to lend Securities in the Lending Accounts to non-U.S. Borrowers under agreements substantially in the form of the GMSLA. X.X. Xxxxxx may exercise all rights and powers provided under any MSLA as may be incidental to that MSLA.

Appointment Authority. (a) The Lender hereby appoints X.X. J.X. Xxxxxx as its agent to lend Securities in each of the Lending Accounts on the Lender’s 's behalf to Borrowers from time to time in accordance with the terms of this Agreement and on such terms and conditions and at such times as X.X. J.X. Xxxxxx shall determine. X.X. J.X. Xxxxxx hereby accepts appointment as such agent. (b) The Lender hereby authorizes and empowers X.X. J.X. Xxxxxx to execute in the Lender’s 's name and on its behalf and at its risk all agreements and documents as may be necessary to carry out any of the powers herein granted to X.X. J.X. Xxxxxx. In this regard, the Lender hereby acknowledges receipt of the forms of MSLA and authorizes X.X. J.X. Xxxxxx to lend Securities in the Lending Accounts to Borrowers under agreements substantially in the forms of the MSLA; it being understood and agreed, however, that X.X. J.X. Xxxxxx shall provide prior written notice to notify the Lender of any material change to the MSLA entered into with any Borrower. Lender acknowledges that as of April 2019, MSLAs in the form annexed to Schedule 6B(i) (the OSLA), will no longer receive the benefit of the ISLA legal opinions relating to the enforceability of netting provisions. MSLAs in the form annexed to Schedule 6B(ii) (the GMSLA) will continue to receive the benefit of such legal opinions. Lender hereby consents to the existing OSLAs being replaced with GMSLAs, and upon completion of the re-papering process, X.X. Xxxxxx to lend Securities in the Lending Accounts to non-U.S. Borrowers under agreements substantially in the form of the GMSLA. X.X. J.X. Xxxxxx may exercise all rights and powers provided under any MSLA as may be incidental to that MSLA.