Basic Clearing Member Provisions. (Use of Xemac) If one or more Xemac Basic Clearing Member Pledged Securities Accounts have been established pursuant to Clause 2.1.1, in order to provide Basic Clearing Member Margin, in accordance with Chapter I Part 1 Number 3 and Part 5 Number 7 (in particular, Number 7.6.3) of the Clearing Conditions, the Basic Clearing Member hereby pledges to Eurex Clearing AG all securities which are at present or are in the future deposited in any such Xemac Basic Clearing Member Pledged Securities Account(s).
Basic Clearing Member Provisions. (use of TCM SIX SIS) If one or more TCM SIX SIS Basic Clearing Member Pledged Securities Accounts have been established pursuant to Clause 2.1.3, in order to provide Basic Clearing Member Margin pursuant to the Basic Clearing Member Provisions, in accordance with Chapter I Part 1 Number 3 and Part 5 Number 7 of the Clearing Conditions, the Basic Clearing Member hereby pledges to Eurex Clearing AG all securities which are at present or are in the future deposited in the TCM SIX SIS Basic Clearing Member Pledged Securities Account(s). If the TCM SIX SIS Basic Clearing Member Pledged Securities Account is an account of the Basic Clearing Member, the Basic Clearing Member further undertakes to enter into a SIX SIS TCM agreement (in the form provided by Eurex Clearing AG) between the Basic Clearing Member, SIX SIS AG and Eurex Clearing AG in respect of all securities which are at present or are in the future deposited in such TCM SIX SIS Basic Clearing Member Pledged Securities Account(s). If the TCM SIX SIS Basic Clearing Member Pledged Securities Account is an account of the Clearing Agent, the Clearing Agent acknowledges and agrees that the Basic Clearing Member pledges to Eurex Clearing AG all securities which are at present or are in the future deposited in such account. The Clearing Agent in its capacity as account holder of such account represents and warrants that such securities are not subject to any prior or equal claims, rights, liens, charges, encumbrances and security interests of any kind or nature whatsoever of third parties which could prevent or be an obstacle to the disposition of the securities on such account, except for those arising pursuant to the standard business terms of any central securities depository or as a matter of law. The Clearing Agent does not, for the duration of any such pledge, permit any such claims to arise without the prior consent of Eurex Clearing AG. If the TCM SIX SIS Basic Clearing Member Pledged Securities Account is an account of the Clearing Agent, the Basic Clearing Member and the Clearing Agent further undertake to enter into a SIX SIS TCM agreement (in the form provided by Eurex Clearing AG) between the Basic Clearing Member, the Clearing Agent, SIX SIS AG and Eurex Clearing AG in respect of all securities which are at present or are in the future deposited in such TCM SIX SIS Basic Clearing Member Pledged Securities Account(s).
