Change of Controlling Participant. 8.1 In the unlikely event that we can no longer serve you as the Controlling Participant (Sponsoring Broker) of your Sponsored Holdings, then we will issue you a “Participant Change Notice”. 8.2 If you receive a Participant Change Notice at least twenty (20) Business Days prior to the date proposed in the notice, you are under no obligation to agree to the change of Controlling Participant, and may choose to do any of the things set out in clauses 8.3 or 8.4. 8.3 You may choose to terminate this Sponsorship Agreement by giving written Withdrawal Instructions under the ASX Settlement Rules indicating whether you wish to: a. transfer your Sponsored Holding to another Controlling Participant; or b. transfer your Sponsored Holding to one or more Issuer Sponsored Holdings. 8.4 If you do not take any action to terminate this Sponsorship Agreement in accordance with clause 8.3 above, and do not give any other instructions to us which would indicate that you do not agree to the change of Controlling Participant then, on the Effective Date, this Sponsorship Agreement will have been taken to be novated to the New Controlling Participant and will be binding on all parties as if, on the Effective Date: a. the New Controlling Participant is a party to this Sponsorship Agreement in substitution for us; b. any rights of ours are transferred to the New Controlling Participant; and c. we are released by you from any obligations arising on or after the Effective Date. 8.5 The novation in clause 8.4 will not take effect until you have received notice from the New Controlling Participant confirming that the New Controlling Participant consents to acting as the Controlling Participant for you. The Effective Date may as a result be later than the date set out in the Participant Change Notice. 8.6 You will be taken to have consented to the events referred to in clause 8.4 by the doing of any act which is consistent with the novation of this Sponsorship Agreement to the New Controlling Participant (for example by giving an instruction to the New Controlling Participant), on or after the Effective Date, and such consent will be taken to be given as of the Effective Date. 8.7 This Sponsorship Agreement continues for the benefit of us in respect of any rights and obligations accruing before the Effective Date. To the extent that any law or provision of any agreement makes the novation in clause 8.4 not binding or effective on the Effective Date, then this Sponsorship Agreement will continue for the benefit of us until such time as the novation is effective. We will hold the benefit of this Sponsorship Agreement on trust for the New Controlling Participant. 8.8 Nothing in clause 8 will prevent the completion of CHESS transactions by us where the obligation to complete those transactions arises before the Effective Date. This Sponsorship Agreement will continue to apply to the completion of those transactions, notwithstanding the novation of this Sponsorship Agreement to the New Controlling Participant under clause 8. 8.9 In the event that any of the transferred holdings comprise AQUA Products, the new Controlling Participant is accredited in accordance with Section 18 of the rules to facilitate settlement of AQUA products.
Appears in 4 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
Change of Controlling Participant. 8.1 In the unlikely event that we can no longer serve you as the Controlling Participant (Sponsoring Broker) of your Sponsored Holdings, then we will issue you a “Participant Change Notice”.
8.2 If you receive a Participant Change Notice at least twenty (20) Business Days 20 business days prior to the date proposed in the noticeNotice, you are under no obligation to agree to the change of Controlling Participant, and may choose to do any of the things set out in clauses 8.3 or 8.4.
8.3 You may choose to terminate this Sponsorship Agreement by giving written Withdrawal Instructions under the ASX Settlement Operating Rules indicating whether you wish to:
a. transfer your Sponsored Holding to another Controlling Participant; or
b. transfer your Sponsored Holding to one or more Issuer Sponsored Holdings.
8.4 If you do not take any action to terminate this Sponsorship Agreement in accordance with clause 8.3 above, and do not give any other instructions to us which would indicate that you do not agree to the change of Controlling Participant then, on the Effective Date, this Sponsorship Agreement will have been taken to be novated to the New Controlling Participant and will be binding on all parties as if, on the Effective Date:
a. the New Controlling Participant is a party to this Sponsorship Agreement in substitution for us;
b. any rights of ours are transferred to the New Controlling Participant; and
c. we are released by you from any obligations arising on or after the Effective Date.
8.5 The novation in clause 8.4 will not take effect until you have received notice from the New Controlling Participant confirming that the New Controlling Participant consents to acting as the Controlling Participant for you. The Effective Date may as a result be later than the date set out in the Participant Change Notice.
8.6 You will be taken to have consented to the events referred to in clause 8.4 by the doing of any act which is consistent with the novation of this Sponsorship Agreement to the New Controlling Participant (for example by giving an instruction to the New Controlling Participant), on or after the Effective Date, and such consent will be taken to be given as of the Effective Date.
8.7 This Sponsorship Agreement continues for the benefit of us in respect of any rights and obligations accruing before the Effective Date. To the extent that any law or provision of any agreement makes the novation in clause 8.4 not binding or effective on the Effective Date, then this Sponsorship Agreement will continue for the benefit of us until such time as the novation is effective. We will hold the benefit of this Sponsorship Agreement on trust for the New Controlling Participant.
8.8 Nothing in clause 8 will prevent the completion of CHESS transactions by us where the obligation to complete those transactions arises before the Effective Date. This Sponsorship Agreement will continue to apply to the completion of those transactions, notwithstanding the novation of this Sponsorship Agreement to the New Controlling Participant under clause 8.
8.9 In the event that any of the transferred holdings comprise AQUA Products, the new Controlling Participant is accredited in accordance with Section 18 of the rules to facilitate settlement of AQUA products.
Appears in 3 contracts
Samples: Client Agreement (Adviser Services), Client Agreement (Adviser Services), Client Agreement
Change of Controlling Participant. 8.1 In 5.1 If the unlikely event that we can no longer serve you as the Controlling Participant (Sponsoring Broker) of your Sponsored Holdings, then we will issue you a “Participant Change Notice”.
8.2 If you receive Holder receives a Participant Change Notice at least twenty (20) from the Controlling Participant of the Participant Sponsored Business Days prior to the date proposed in the noticeParticipant Change Notice for the change of Controlling Participant, you are the Participant Sponsored Holder is under no obligation to agree to the change of Controlling Participant, and may choose to do any of the things set out in clauses 8.3 5.2 or 8.45.3.
8.3 You 5.2 The Participant Sponsored Holder may choose to terminate this Sponsorship the Agreement by giving written Withdrawal Instructions under the ASX Settlement Operating Rules to the Controlling Participant, indicating whether you wish the Participant Sponsored Holder wishes to:
a. (a) transfer your its Participant Sponsored Holding to another Controlling Participant; or
b. (b) transfer your its Participant Sponsored Holding to one or more Issuer Sponsored Holdings.
8.4 5.3 If you do the Participant Sponsored Holder does not take any action to terminate this Sponsorship Agreement the agreement in accordance with clause 8.3 5.2 above, and do does not give any other instructions to us the Controlling Participant which would indicate that you do the Participant Sponsored Holder does not agree to the change of Controlling Participant then, on the Effective Date, this Sponsorship the Agreement will have been taken to be novated to the New Controlling Participant and will be binding on all parties as if, on the Effective Date:
a. (a) the New Controlling Participant is a party to this Sponsorship the Agreement in substitution for usthe Existing Controlling Participant;
b. (b) any rights of ours the Existing Controlling Participant are transferred to the New Controlling Participant; and
c. we are (c) the Existing Controlling Participant is released by you the Participant Sponsored Holder from any obligations arising on or after the Effective Date.
8.5 5.4 The novation in clause 8.4 5.3 will not take effect until you have the Participant Sponsored Holder has received a notice from the New Controlling Participant confirming that the New Controlling Participant consents to acting as the Controlling Participant for youthe Participant Sponsored Holder. The Effective Date may as a result be later than the date set out in the Participant Change Notice.
8.6 You 5.5 The Participant Sponsored Holder will be taken to have consented to the events referred to in clause 8.4 5.4 by the doing of any act which is consistent with the novation of this Sponsorship the Agreement to the New Controlling Participant (for example by giving an instruction to the New Controlling Participant), on or after the Effective Date, and such consent will be taken to be given as of the Effective Date.
8.7 This Sponsorship 5.6 The Agreement continues for the benefit of us the Existing Controlling Participant in respect of any rights and obligations accruing before the Effective Date. To Date and, to the extent that any law or provision of any agreement makes the novation in clause 8.4 5.3 not binding or effective on the Effective Date, then this Sponsorship the Agreement will continue for the benefit of us the Existing Controlling Participant until such time as the novation is effective. We , and the Existing Controlling Participant will hold the benefit of this Sponsorship the Agreement on trust for the New Controlling Participant.
8.8 5.7 Nothing in this clause 8 5 will prevent the completion of CHESS transactions by us the Existing Controlling Participant where the obligation to complete those transactions arises before the Effective Date. This Sponsorship Date and the Agreement will continue to apply to the completion of those transactions, notwithstanding the novation of this Sponsorship the Agreement to the New Controlling Participant under this clause 85.
8.9 In the event that any of the transferred holdings comprise AQUA Products, the new Controlling Participant is accredited in accordance with Section 18 of the rules to facilitate settlement of AQUA products.
Appears in 2 contracts
Samples: Sponsorship Agreement, Sponsorship Agreement
Change of Controlling Participant. 8.1 In the unlikely event that we can no longer serve you as the Controlling Participant (Sponsoring Broker) of your Sponsored Holdings, then we will issue you a “Participant Change Notice”.
8.2 6.1 If you You receive a Participant Change Notice from State One for Your Participant Sponsored Holding and the Participant Change Notice was received at least twenty (20) 20 Business Days prior to the date proposed in the noticeParticipant Change Notice for the change of Controlling Participant, you You are under no obligation to agree to the change of Controlling Participant, and may choose to do any of the things set out in clauses 8.3 Clauses 6.2 or 8.46.3.
8.3 6.2 You may choose to terminate this Sponsorship the Agreement by giving written Withdrawal Instructions under the ASX Settlement Rules to State One, indicating whether you You wish to:
a. (a) transfer your Sponsored Your Holding to another Controlling Participant; or
b. (b) transfer your Sponsored Your Holding to one or more Issuer Sponsored Holdings.
8.4 6.3 If you You do not take any action to terminate this Sponsorship Agreement the agreement in accordance with clause 8.3 6.2 above, and You do not give any other instructions to us State One which would indicate that you You do not agree to the change of Controlling Participant then, on the Effective Date, this Sponsorship the Agreement will have been taken to be novated to the New Controlling Participant and will be binding on all parties as if, on the Effective Date:
a. (a) the New Controlling Participant is a party to this Sponsorship the Agreement in substitution for usState One;
b. (b) any rights of ours State One are transferred to the New Controlling Participant; and
c. we are (c) State One is released by you You from any obligations arising on or after the Effective Date.
8.5 6.4 The novation in clause 8.4 Clause 6.3 will not take effect until you You have received a notice from the New Controlling Participant Participant, confirming that the New Controlling Participant consents to acting as the Controlling Participant for youYou. The Effective Date may as a result be later than the date set out in the Participant Change Notice.
8.6 6.5 You will be taken to have consented to the events referred to in clause 8.4 Clause 6.4 by the doing of any act which is consistent with the novation of this Sponsorship the Agreement to the New Controlling Participant (for example by giving an instruction to the New Controlling Participant), on or after the Effective Date, and such consent will be taken to be given as of the Effective Date.
8.7 This Sponsorship 6.6 The Agreement continues for the benefit of us State One in respect of any rights and obligations accruing before the Effective Date. To Date and, to the extent that any law or provision of any agreement makes the novation in clause 8.4 Clause 6.3 not binding or effective on the Effective Date, then this Sponsorship the Agreement will continue for the benefit of us State One until such time as the novation is effective. We , and State One will hold the benefit of this Sponsorship the Agreement on trust for the New Controlling Participant.
8.8 6.7 Nothing in clause 8 this Clause 6 will prevent the completion of CHESS transactions by us State One where the obligation to complete those transactions arises before the Effective Date. This Sponsorship Date and the Agreement will continue to apply to the completion of those transactions, notwithstanding the novation of this Sponsorship the Agreement to the New Controlling Participant under clause 8this Clause 6.
8.9 In 6.8 ASX Settlement will not accept a Notice of change of Controlling Participant under Rule 8.17 where Holdings to which the event that any of the transferred holdings Notice relates comprise AQUA Products, products and the new Controlling Participant is not accredited in accordance with Section 18 of the rules Rules to facilitate the settlement of AQUA productsProducts. In this instance your existing controlling participantmust convert the AQUA Product Holdings to Holdings on the Issuer Sponsored Sub-Register. If State One fails to convert the AQUA Product Holdings to Holdings on the Issuer Sponsored Sub-Register, ASX Settlement may convert AQUA Product Holdings to Holdings on the Issuer Sponsored Sub- Register.
Appears in 2 contracts
Samples: Participant Sponsorship Agreement, Participant Sponsorship Agreement
Change of Controlling Participant. 8.1 In the unlikely event that we can no longer serve you You as the Controlling Participant (Sponsoring Broker) of your Your Sponsored Holdings, then we will issue you You a “Participant Change Notice”.
8.2 If you You receive a Participant Change Notice at least twenty (20) Business Days 20 business days prior to the date proposed in the noticeNotice, you You are under no obligation to agree to the change of Controlling Participant, and may choose to do any of the things set out in clauses 8.3 or 8.4.
8.3 You may choose to terminate this Sponsorship Agreement by giving written Withdrawal Instructions under the ASX Settlement Operating Rules indicating whether you You wish to:
a. transfer your Your Sponsored Holding to another Controlling Participant; or
b. transfer your Your Sponsored Holding to one or more Issuer Sponsored Holdings.
8.4 If you You do not take any action to terminate this Sponsorship Agreement in accordance with clause 8.3 above, and do not give any other instructions to us which would indicate that you You do not agree to the change of Controlling Participant then, on the Effective Date, this Sponsorship Agreement will have been taken to be novated to the New Controlling Participant and will be binding on all parties as if, on the Effective Date:
a. the New Controlling Participant is a party to this Sponsorship Agreement in substitution for us;
b. any rights of ours are transferred to the New Controlling Participant; and
c. and we are released by you You from any obligations arising on or after the Effective Date.
8.5 The novation in clause 8.4 will not take effect until you You have received notice from the New Controlling Participant confirming that the New Controlling Participant consents to acting as the Controlling Participant for youYou. The Effective Date may as a result be later than the date set out in the Participant Change Notice.
8.6 You will be taken to have consented to the events referred to in clause 8.4 by the doing of any act which is consistent with the novation of this Sponsorship Agreement to the New Controlling Participant (for example by giving an instruction to the New Controlling Participant), on or after the Effective Date, and such consent will be taken to be given as of the Effective Date.
8.7 This Sponsorship Agreement continues for the benefit of us in respect of any rights and obligations accruing before the Effective Date. To the extent that any law or provision of any agreement makes the novation in clause 8.4 not binding or effective on the Effective Date, then this Sponsorship Agreement will continue for the benefit of us until such time as the novation is effective. We will hold the benefit of this Sponsorship Agreement on trust for the New Controlling Participant.
8.8 Nothing in clause 8 will prevent the completion of CHESS transactions by us where the obligation to complete those transactions arises before the Effective Date. This Sponsorship Agreement will continue to apply to the completion of those transactions, notwithstanding the novation of this Sponsorship Agreement to the New Controlling Participant under clause 8.
8.9 In the event that any of the transferred holdings comprise AQUA Products, the new Controlling Participant is accredited in accordance with Section 18 of the rules to facilitate settlement of AQUA products.
Appears in 2 contracts
Samples: Client Agreement, Adviser Services Client Agreement
Change of Controlling Participant. 8.1 In 9.1 If the unlikely event that we can no longer serve you as the Controlling Participant (Sponsoring Broker) of your Sponsored Holdings, then we will issue you a “Participant Change Notice”.
8.2 If you receive Client receives a Participant Change Notice from Pershing of the Participant Sponsored Holding and the Participant Change Notice was received at least twenty (20) 20 Business Days prior to the date proposed in the noticeParticipant Change Notice for the change of controlling participant, you are the Client is under no obligation to agree to the change of Controlling Participantcontrolling participant, and may choose to do any of the things set out in clauses 8.3 9.2 or 8.49.3.
8.3 You 9.2 The Client may choose to terminate this these Sponsorship Agreement Terms by giving written Withdrawal Instructions withdrawal instructions under the ASX Settlement Rules to Pershing indicating whether you wish the Client wants to:
a. (a) transfer your the Client's Participant Sponsored Holding to another Controlling Participantcontrolling participant; or
b. (b) transfer your the Client's Participant Sponsored Holding to one or more Issuer Sponsored Holdings.
8.4 9.3 If you the Client do not take any action to terminate this Sponsorship Agreement the agreement in accordance with clause 8.3 9.3 above, and do not give any other instructions to us Pershing which would indicate that you do the Client does not agree to the change of Controlling Participant controlling participant then, subject to clause 9.8, on the Effective Date, this Date these Sponsorship Agreement Terms will have been taken to be have been novated to the New Controlling Participant new controlling participant and will be binding on all parties as if, on the Effective Date:
a. (a) the New Controlling Participant new controlling participant is a party to this these Sponsorship Agreement Terms in substitution for us;
b. any rights of ours are transferred to the New Controlling Participantexisting controlling participant; and
c. we are (b) the existing controlling participant is released by you the Client from any obligations arising on or after the Effective Date.
8.5 9.4 The novation in clause 8.4 9.3 will not take effect until you have the Client has received a notice from the New Controlling Participant new controlling participant confirming that the New Controlling Participant new controlling participant consents to acting as the Controlling Participant controlling participant for you. The Effective Date may as a result be later than the date set out in the Participant Change Notice.
8.6 You 9.5 The Client will be taken to have consented to the events referred to in clause 8.4 9.4 by the doing of any act which is consistent with the novation of this these Sponsorship Agreement Terms to the New Controlling Participant new controlling participant (for example by giving an instruction to the New Controlling Participantnew controlling participant), on or after the Effective Date, and such consent will be taken to be given as of the Effective Date.
8.7 This Sponsorship Agreement continues for the benefit of us in respect of any rights and obligations accruing before the Effective Date. To the extent that any law or provision of any agreement makes the novation in clause 8.4 not binding or effective on the Effective Date, then this Sponsorship Agreement will continue for the benefit of us until such time as the novation is effective. We will hold the benefit of this Sponsorship Agreement on trust for the New Controlling Participant.
8.8 Nothing in clause 8 will prevent the completion of CHESS transactions by us where the obligation to complete those transactions arises before the Effective Date. This Sponsorship Agreement will continue to apply to the completion of those transactions, notwithstanding the novation of this Sponsorship Agreement to the New Controlling Participant under clause 8.
8.9 In the event that any of the transferred holdings comprise AQUA Products, the new Controlling Participant is accredited in accordance with Section 18 of the rules to facilitate settlement of AQUA products.
Appears in 2 contracts
Samples: Sponsorship Agreement, Sponsorship Agreement
Change of Controlling Participant. 8.1 In the unlikely event that we can no longer serve you as the Controlling Participant (Sponsoring Broker) of your Sponsored Holdings, then we will issue you a “Participant Change Notice”.
8.2 13.1 If you receive a Participant Change Notice from us at least twenty (20) 20 Business Days prior to before the proposed date proposed in for the noticechange of Participant, you are under no obligation do not have to agree to the change of Controlling Participantchange, and may can choose to do any to:
a. terminate Division 2 of the things set out in clauses 8.3 or 8.4.
8.3 You may choose to terminate this Sponsorship Broker Agreement by giving written Withdrawal Instructions instructing us to withdraw under the ASX Settlement Operating Rules indicating whether you wish toby Transferring your Participant Sponsored holding to either of:
a. transfer your Sponsored Holding to i. another Controlling Participant; or
b. transfer your Sponsored Holding to or ii. one or more Issuer issuer Sponsored Holdings.
8.4 b. take no action to terminate. If you do not take any action to terminate this Sponsorship Agreement in accordance with clause 8.3 above, and do not give any other instructions to us which would indicate that you do not agree to the change change, subject to clause 13.2, Division 2 of Controlling Participant then, on the Effective Date, this Sponsorship Broker Agreement will have been taken to be novated to the New new Controlling Participant and on the date we notified (applicable date). This will be binding on all parties as if, on the Effective Datethough:
a. i. the New new Controlling Participant is a party to this Sponsorship Division 2 of the Broker Agreement in substitution for usplace of the existing Participant;
b. ii. any of our rights of ours are transferred Transferred to the New new Controlling Participant; and
c. we are released by iii. you release us from any obligations arising on or after the Effective Dateapplicable date.
8.5 13.2 The novation in clause 8.4 will 13.1(b) does not take effect until you have received receive a notice from the New new Controlling Participant confirming that they will act as your Participant. As a result, the New Controlling Participant consents to acting as the Controlling Participant for you. The Effective Date applicable date may as a result be later than the date set out in the Participant Change Notice.
8.6 You will be taken to have consented 13.3 Your consent to the events referred to in clause 8.4 by the doing of 13.1(b) is assumed if you take any act which action that is consistent with the novation of this the Sponsorship Agreement to the New new Controlling Participant on or after the applicable date (for example by giving example, if you give an instruction to the New new Controlling Participant). In this case, on or after your consent is assumed from the Effective Date, and such consent will be taken to be given as applicable date.
13.4 This Division 2 of the Effective Date.
8.7 This Sponsorship Broker Agreement continues for the benefit of us to apply in respect of any relation to rights and obligations accruing accrued before the Effective Dateapplicable date. To the extent that any law law, or provision of any agreement agreement, makes the novation in clause 8.4 13.1 not binding or effective on the Effective Dateapplicable date, then this Sponsorship Division 2 of the Broker Agreement will continue for the our benefit of us until such time as the novation is becomes effective. We In this case, we will hold the benefit of this Sponsorship Division 2 of the Broker Agreement on trust for the New new Controlling Participant.
8.8 13.5 Nothing in this clause 8 will prevent the completion of 13 prevents us from completing CHESS transactions by us Transactions where the obligation to complete those transactions Transactions arises before the Effective Dateapplicable date. This Sponsorship Division 2 of the Broker Agreement will continue to apply to the completion those Transactions, regardless of those transactions, notwithstanding the novation of this Sponsorship Agreement the sponsorship agreement to the New Controlling Participant under clause 8.
8.9 In the event that any of the transferred holdings comprise AQUA Products, the new Controlling Participant is accredited in accordance with Section 18 of the rules to facilitate settlement of AQUA productsParticipant.
Appears in 2 contracts
Samples: Core Terms and Conditions, Core Terms and Conditions
Change of Controlling Participant. 8.1 In the unlikely event that we can no longer serve you as the Controlling Participant (Sponsoring Broker) of your Sponsored Holdings, then we will issue you a “Participant Change Notice”.
8.2 6.1 If you You receive a Participant Change Notice from State One for Your Participant Sponsored Holding and the Participant Change Notice was received at least twenty (20) 20 Business Days prior to the date proposed in the noticeParticipant Change Notice for the change of Controlling Participant, you You are under no obligation to agree to the change of Controlling Participant, and may choose to do any of the things set out in clauses 8.3 Clauses 6.2 or 8.46.3.
8.3 6.2 You may choose to terminate this Sponsorship the Agreement by giving written Withdrawal Instructions under the ASX Settlement Rules to State One, indicating whether you You wish to:
a. (a) transfer your Sponsored Your Holding to another Controlling Participant; or
b. (b) transfer your Sponsored Your Holding to one or more Issuer Sponsored Holdings.
8.4 6.3 If you You do not take any action to terminate this Sponsorship Agreement the agreement in accordance with clause 8.3 6.2 above, and You do not give any other instructions to us State One which would indicate that you You do not agree to the change of Controlling Participant then, on the Effective Date, this Sponsorship the Agreement will have been taken to be novated to the New Controlling Participant and will be binding on all parties as if, on the Effective Date:
a. (a) the New Controlling Participant is a party to this Sponsorship the Agreement in substitution for usState One;
b. (b) any rights of ours State One are transferred to the New Controlling Participant; and
c. we are (c) State One is released by you You from any obligations arising on or after the Effective Date.
8.5 6.4 The novation in clause 8.4 Clause 6.3 will not take effect until you You have received a notice from the New Controlling Participant Participant, confirming that the New Controlling Participant consents to acting as the Controlling Participant for youYou. The Effective Date may as a result be later than the date set out in the Participant Change Notice.
8.6 6.5 You will be taken to have consented to the events referred to in clause 8.4 Clause 6.4 by the doing of any act which is consistent with the novation of this Sponsorship the Agreement to the New Controlling Participant (for example by giving an instruction to the New Controlling Participant), on or after the Effective Date, and such consent will be taken to be given as of the Effective Date.
8.7 This Sponsorship 6.6 The Agreement continues for the benefit of us State One in respect of any rights and obligations accruing before the Effective Date. To Date and, to the extent that any law or provision of any agreement makes the novation in clause 8.4 Clause 6.3 not binding or effective on the Effective Date, then this Sponsorship the Agreement will continue for the benefit of us State One until such time as the novation is effective. We , and State One will hold the benefit of this Sponsorship the Agreement on trust for the New Controlling Participant.
8.8 6.7 Nothing in clause 8 this Clause 6 will prevent the completion of CHESS transactions by us State One where the obligation to complete those transactions arises before the Effective Date. This Sponsorship Date and the Agreement will continue to apply to the completion of those transactions, notwithstanding the novation of this Sponsorship the Agreement to the New Controlling Participant under clause 8this Clause 6.
8.9 In 6.8 ASX Settlement will not accept a Notice of change of Controlling Participant under Rule 8.17 where Holdings to which the event that any of the transferred holdings Notice relates comprise AQUA Products, products and the new Controlling Participant is not accredited in accordance with Section 18 of the rules Rules to facilitate the settlement of AQUA productsProducts. In this instance your existing controlling participantmust convert the AQUA Product Holdings to Holdings on the Issuer Sponsored Sub-Register. If State One fails to convert the AQUA Product Holdings to Holdings on the Issuer Sponsored Sub-Register, ASX Settlement may convert AQUA Product Holdings to Holdings on the Issuer Sponsored Sub-Register.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Change of Controlling Participant. 8.1 In 9.1 If the unlikely event that we can no longer serve you as the Controlling Participant (Sponsoring Broker) of your Sponsored Holdings, then we will issue you a “Participant Change Notice”.
8.2 If you receive Holder receives a Participant Change Notice from the Controlling Participant of the Participant Sponsored Holding and the Sponsoring Participant Change Notice was received at least twenty (20) 20 Business Days prior to the date proposed in the noticeSponsoring Participant Change Notice for the change of Controlling Participant, you are the Participant Sponsored Holder is under no obligation to agree to the change of Controlling Participant, and may choose to do any of the things set out in clauses 8.3 9.2 or 8.49.3.
8.3 You 9.2 The Participant Sponsored Holder may choose to terminate this Sponsorship the Agreement by giving written Withdrawal Instructions under the ASX Settlement Operating Rules to the Controlling Participant, indicating whether you wish the Participant Sponsored Holder wishes to:
a. (a) transfer your its Participant Sponsored Holding to another Controlling Participant; or
b. (b) transfer your its Participant Sponsored Holding to one or more Issuer Sponsored Holdings.
8.4 9.3 If you do the Participant Sponsored Holder does not take any action to terminate this Sponsorship Agreement the agreement in accordance with clause 8.3 9.2 above, and do does not give any other instructions to us the Controlling Participant which would indicate that you do the Participant Sponsored Holder does not agree to the change of Controlling Participant then, on the Effective Date, this Sponsorship the Agreement will have been taken to be novated to the New Controlling Participant and will be binding on all parties as if, on the Effective Date:
a. (a) the New Controlling Participant is a party to this Sponsorship the Agreement in substitution for usthe Existing Controlling Participant;
b. (b) any rights of ours the Existing Controlling Participant are transferred to the New new Controlling Participant; and
c. we are (c) the Existing Controlling Participant is released by you the Participant Sponsored Holder from any obligations arising on or after the Effective Date.
8.5 9.4 The novation in clause 8.4 9.3 will not take effect until you have the Participant Sponsored Holder has received a notice from the New Controlling Participant confirming that the New Controlling Participant consents to acting as the Controlling Participant for youSponsored Holder. The Effective Date may as a result be later than the due date set out in the Sponsoring Participant Change Notice.
8.6 You 9.5 The Participant Sponsored Holder will be taken to have consented to the events referred to in clause 8.4 9.4 by the doing of any act which is consistent with the novation of this Sponsorship the Agreement to the New Controlling Participant (for example by giving an instruction to the New Controlling Participant), on or after the Effective Date, and such consent will be taken to be given as of the Effective Date.
8.7 This Sponsorship 9.6 The Agreement continues for the benefit of us the Existing Controlling Participant in respect of any rights and obligations accruing before the Effective Date. To Date and, to the extent that any law or provision of any agreement makes the novation in clause 8.4 9.3 not binding or effective on the Effective Date, then this Sponsorship Agreement will continue for the benefit of us Existing Controlling Participant until such time as the novation is effective. We , and the existing Controlling Participant will hold the benefit of this Sponsorship the Agreement on trust for the New Controlling Participant.
8.8 9.7 Nothing in this clause 8 9 will prevent the completion of CHESS transactions by us the Existing Controlling Participant where the obligation to complete those transactions arises before the Effective Date. This Sponsorship Date and the Agreement will continue to apply to the completion of those transactions, notwithstanding the novation of this Sponsorship the Agreement to the New Controlling Participant under this clause 89.
8.9 In the event that any of the transferred holdings comprise AQUA Products, the new Controlling Participant is accredited in accordance with Section 18 of the rules to facilitate settlement of AQUA products.
Appears in 2 contracts
Samples: Sponsorship Agreement, Sponsorship Agreement
Change of Controlling Participant. 8.1 In the unlikely event that we can no longer serve you as the Controlling Participant (Sponsoring Broker) of your Sponsored Holdings, then we will issue you a “Participant Change Notice”.
8.2 13.1 If you receive a Participant Change Notice from us at least twenty (20) 20 Business Days prior to before the proposed date proposed in for the noticechange of Participant, you are under no obligation do not have to agree to the change of Controlling Participantchange, and may can choose to do any to:
(a) terminate Division 2 of the things set out in clauses 8.3 or 8.4.
8.3 You may choose to terminate this Sponsorship Broker Agreement by giving written Withdrawal Instructions instructing us to withdraw under the ASX Settlement Operating Rules indicating whether you wish toby Transferring your Participant Sponsored holding to either of:
a. transfer your Sponsored Holding to (i) another Controlling Participant; or
b. transfer your Sponsored Holding to (ii) one or more Issuer issuer Sponsored Holdings.
8.4 (b) take no action to terminate. If you do not take any action to terminate this Sponsorship Agreement in accordance with clause 8.3 above, and do not give any other instructions to us which would indicate that you do not agree to the change change, subject to clause 13.2, Division 2 of Controlling Participant then, on the Effective Date, this Sponsorship Broker Agreement will have been taken to be novated to the New new Controlling Participant and on the date we notified (applicable date). This will be binding on all parties as if, on though:
(i) the Effective Date:
a. the New new Controlling Participant is a party to this Sponsorship Division 2 of the Broker Agreement in substitution for usplace of the existing Participant;
b. (ii) any of our rights of ours are transferred Transferred to the New new Controlling Participant; and
c. we are released by (iii) you release us from any obligations arising on or after the Effective Dateapplicable date.
8.5 13.2 The novation in clause 8.4 will 13.1(b) does not take effect until you have received receive a notice from the New new Controlling Participant confirming that they will act as your Participant. As a result, the New Controlling Participant consents to acting as the Controlling Participant for you. The Effective Date applicable date may as a result be later than the date set out in the Participant Change Notice.Notice.
8.6 You will be taken to have consented 13.3 Your consent to the events referred to in clause 8.4 by the doing of 13.1(b) is assumed if you take any act which action that is consistent with the novation of this the Sponsorship Agreement to the New new Controlling Participant on or after the applicable date (for example by giving example, if you give an instruction to the New new Controlling Participant). In this case, on or after your consent is assumed from the Effective Date, and such consent will be taken to be given as applicable date.
13.4 This Division 2 of the Effective Date.
8.7 This Sponsorship Broker Agreement continues for the benefit of us to apply in respect of any relation to rights and obligations accruing accrued before the Effective Dateapplicable date. To the extent that any law law, or provision of any agreement agreement, makes the novation in clause 8.4 13.1 not binding or effective on the Effective Dateapplicable date, then this Sponsorship Division 2 of the Broker Agreement will continue for the our benefit of us until such time as the novation is becomes effective. We In this case, we will hold the benefit of this Sponsorship Division 2 of the Broker Agreement on trust for the New new Controlling Participant.
8.8 13.5 Nothing in this clause 8 will prevent the completion of 13 prevents us from completing CHESS transactions by us Transactions where the obligation to complete those transactions Transactions arises before the Effective Dateapplicable date. This Sponsorship Division 2 of the Broker Agreement will continue to apply to the completion those Transactions, regardless of those transactions, notwithstanding the novation of this Sponsorship Agreement the sponsorship agreement to the New Controlling Participant under clause 8.
8.9 In the event that any of the transferred holdings comprise AQUA Products, the new Controlling Participant is accredited in accordance with Section 18 of the rules to facilitate settlement of AQUA productsParticipant.
Appears in 1 contract
Samples: Core Terms and Conditions
Change of Controlling Participant. 8.1 In the unlikely event that we can no longer serve you as the Controlling Participant (Sponsoring Broker) of your Sponsored Holdings, then we will issue you a “Participant Change Notice”.
8.2 12.1 If you receive a Participant Change Notice from us at least twenty (20) 20 Business Days prior to before the proposed date proposed in for the noticechange of Participant, you are under no obligation do not have to agree to the change of Controlling Participantchange, and may can choose to do any to:
a. terminate Division 2 of the things set out in clauses 8.3 or 8.4.
8.3 You may choose to terminate this Sponsorship Broker Agreement by giving written Withdrawal Instructions instructing us to withdraw under the ASX Settlement Operating Rules indicating whether you wish toby Transferring your Participant Sponsored holding to either of:
a. transfer your Sponsored Holding to i. another Controlling Participant; or
b. transfer your Sponsored Holding to or ii. one or more Issuer Sponsored Holdings.;
8.4 b. take no action to terminate. If you do not take any action to terminate this Sponsorship Agreement in accordance with clause 8.3 above, and do not give any other instructions to us which would indicate that you do not agree to the change change, subject to clause 12.2, Division 2 of Controlling Participant then, on the Effective Date, this Sponsorship Broker Agreement will have been taken to be novated to the New new Controlling Participant and on the date we notified (applicable date). This will be binding on all parties as if, on the Effective Datethough:
a. i. the New new Controlling Participant is a party to this Sponsorship Division 2 of the Broker Agreement in substitution for usplace of the existing Participant;
b. ii. any of our rights of ours are transferred Transferred to the New new Controlling Participant; and
c. we are released by iii. you release us from any obligations arising on or after the Effective Dateapplicable date.
8.5 12.2 The novation in clause 8.4 will 12.1(b) does not take effect until you have received receive a notice from the New new Controlling Participant confirming that they will act as your Participant. As a result, the New Controlling Participant consents to acting as the Controlling Participant for you. The Effective Date applicable date may as a result be later than the date set out in the Participant Change Notice.
8.6 You will be taken to have consented 12.3 Your consent to the events referred to in clause 8.4 by the doing of 12.1(b) is assumed if you take any act which action that is consistent with the novation of this the Sponsorship Agreement to the New new Controlling Participant on or after the applicable date (for example by giving example, if you give an instruction to the New new Controlling Participant). In this case, on or after your consent is assumed from the Effective Date, and such consent will be taken to be given as applicable date.
12.4 This Division 2 of the Effective Date.
8.7 This Sponsorship Broker Agreement continues for the benefit of us to apply in respect of any relation to rights and obligations accruing accrued before the Effective Dateapplicable date. To the extent that any law law, or provision of any agreement agreement, makes the novation in clause 8.4 12.1 not binding or effective on the Effective Dateapplicable date, then this Sponsorship Division 2 of the Broker Agreement will continue for the our benefit of us until such time as the novation is becomes effective. We In this case, we will hold the benefit of this Sponsorship Division 2 of the Broker Agreement on trust for the New new Controlling Participant.
8.8 12.5 Nothing in this clause 8 will prevent the completion of 12 prevents us from completing CHESS transactions by us Transactions where the obligation to complete those transactions Transactions arises before the Effective Dateapplicable date. This Sponsorship Division 2 of the Broker Agreement will continue to apply to the completion those Transactions, regardless of those transactions, notwithstanding the novation of this Sponsorship Agreement the sponsorship agreement to the New Controlling Participant under clause 8.
8.9 In the event that any of the transferred holdings comprise AQUA Products, the new Controlling Participant is accredited in accordance with Section 18 of the rules to facilitate settlement of AQUA productsParticipant.
Appears in 1 contract
Samples: Client Agreement
Change of Controlling Participant. 8.1 In 5.1 If the unlikely event that we can no longer serve you as the Controlling Participant (Sponsoring Broker) of your Sponsored Holdings, then we will issue you a “Participant Change Notice”.
8.2 If you receive Holder receives a Participant Change Notice from the Controlling Participant of the Participant Sponsored Holding and the Participant Change Notice was received at least twenty (20) 20 Business Days prior to the date proposed in the noticeParticipant Change Notice for the change of Controlling Participant, you are the Participant Sponsored Holder is under no obligation to agree to the change of Controlling Participant, and may choose to do any of the things set out in clauses 8.3 5.2 or 8.45.3.
8.3 You 5.2 The Participant Sponsored Holder may choose to terminate this Sponsorship the Agreement by giving written Withdrawal Instructions under the ASX Settlement Rules to the Controlling Participant, indicating whether you wish the Participant Sponsored Holder wishes to:
a. (a) transfer your its Participant Sponsored Holding to another Controlling Participant; or
b. (b) transfer your its Participant Sponsored Holding to one or more Issuer Sponsored Holdings.
8.4 5.3 If you do the Participant Sponsored Holder does not take any action to terminate this Sponsorship Agreement the agreement in accordance with clause 8.3 5.2 above, and do does not give any other instructions to us the Controlling Participant which would indicate that you do the Participant Sponsored Holder does not agree to the change of Controlling Participant then, on the Effective effective Date, this Sponsorship the Agreement will have been taken to be novated to the New Controlling Participant and will be binding on all parties as if, on the Effective effective Date:
a. (a) the New Controlling Participant is a party to this Sponsorship the Agreement in substitution for usthe existing Controlling Participant;
b. (b) any rights of ours the existing Controlling Participant are transferred to the New Controlling Participant; and
c. we are (c) the existing Controlling Participant is released by you the Participant Sponsored Holder from any obligations arising on or after the Effective effective Date.
8.5 5.4 The novation in clause 8.4 5.3 will not take effect until you have the Participant Sponsored Holder has received a notice from the New Controlling Participant confirming that the New Controlling Participant consents to acting as the Controlling Participant for youthe Participant Sponsored Holder. The Effective effective Date may as a result be later than the date set out in the Participant Change Notice.
8.6 You 5.5 The Participant Sponsored Holder will be taken to have consented to the events referred to in clause 8.4 5.4 by the doing of any act which is consistent with the novation of this Sponsorship the Agreement to the New Controlling Participant (for example by giving an instruction to the New Controlling Participant), on or after the Effective effective Date, and such consent will be taken to be given as of the Effective effective Date.
8.7 This Sponsorship 5.6 The Agreement continues for the benefit of us the existing Controlling Participant in respect of any rights and obligations accruing before the Effective Date. To effective Date and, to the extent that any law or provision of any agreement makes the novation in clause 8.4 5.3 not binding or effective on the Effective effective Date, then this Sponsorship the Agreement will continue for the benefit of us the existing Controlling Participant until such time as the novation is effective. We , and the existing Controlling Participant will hold the benefit of this Sponsorship the Agreement on trust for the New Controlling Participant.
8.8 5.7 Nothing in this clause 8 5 will prevent the completion of CHESS CHeSS transactions by us the existing Controlling Participant where the obligation to complete those transactions arises before the Effective Date. This Sponsorship effective Date and the Agreement will continue to apply to the completion of those transactions, notwithstanding the novation of this Sponsorship the Agreement to the New Controlling Participant under this clause 85.
8.9 In the event that any of the transferred holdings comprise AQUA Products, the new Controlling Participant is accredited in accordance with Section 18 of the rules to facilitate settlement of AQUA products.
Appears in 1 contract
Samples: Sponsorship Agreement
Change of Controlling Participant. 8.1 In the unlikely event that we can no longer serve you as the Controlling Participant (Sponsoring Broker) of your Sponsored Holdings, then we will issue you a “Participant Change Notice”.
8.2 12.1 If you receive a Participant Change Notice from us at least twenty (20) 20 Business Days prior to before the proposed date proposed in for the noticechange of Participant, you are under no obligation do not have to agree to the change of Controlling Participantchange, and may can choose to do any to:
(a) terminate Division 2 of the things set out in clauses 8.3 or 8.4.
8.3 You may choose to terminate this Sponsorship Broker Agreement by giving written Withdrawal Instructions instructing us to withdraw under the ASX Settlement Operating Rules indicating whether you wish toby Transferring your Participant Sponsored holding to either of:
a. transfer your Sponsored Holding to (i) another Controlling Participant; or
b. transfer your Sponsored Holding to (ii) one or more Issuer Sponsored Holdings.;
8.4 (b) take no action to terminate. If you do not take any action to terminate this Sponsorship Agreement in accordance with clause 8.3 above, and do not give any other instructions to us which would indicate that you do not agree to the change change, subject to clause 12.2, Division 2 of Controlling Participant then, on the Effective Date, this Sponsorship Broker Agreement will have been taken to be novated to the New new Controlling Participant and on the date we notified (applicable date). This will be binding on all parties as if, on the Effective Datethough:
a. (i) the New new Controlling Participant is a party to this Sponsorship Division 2 of the Broker Agreement in substitution for usplace of the existing Participant;
b. (ii) any of our rights of ours are transferred Transferred to the New new Controlling Participant; and
c. we are released by (iii) you release us from any obligations arising on or after the Effective Dateapplicable date.
8.5 12.2 The novation in clause 8.4 will 12.1(b) does not take effect until you have received receive a notice from the New new Controlling Participant confirming that they will act as your Participant. As a result, the New Controlling Participant consents to acting as the Controlling Participant for you. The Effective Date applicable date may as a result be later than the date set out in the Participant Change Notice.
8.6 You will be taken to have consented 12.3 Your consent to the events referred to in clause 8.4 by the doing of 12.1(b) is assumed if you take any act which action that is consistent with the novation of this the Sponsorship Agreement to the New new Controlling Participant on or after the applicable date (for example by giving example, if you give an instruction to the New new Controlling Participant). In this case, on or after your consent is assumed from the Effective Date, and such consent will be taken to be given as applicable date.
12.4 This Division 2 of the Effective Date.
8.7 This Sponsorship Broker Agreement continues for the benefit of us to apply in respect of any relation to rights and obligations accruing accrued before the Effective Dateapplicable date. To the extent that any law law, or provision of any agreement agreement, makes the novation in clause 8.4 12.1 not binding or effective on the Effective Dateapplicable date, then this Sponsorship Division 2 of the Broker Agreement will continue for the our benefit of us until such time as the novation is becomes effective. We In this case, we will hold the benefit of this Sponsorship Division 2 of the Broker Agreement on trust for the New new Controlling Participant.
8.8 12.5 Nothing in this clause 8 will prevent the completion of 12 prevents us from completing CHESS transactions by us Transactions where the obligation to complete those transactions Transactions arises before the Effective Dateapplicable date. This Sponsorship Division 2 of the Broker Agreement will continue to apply to the completion those Transactions, regardless of those transactions, notwithstanding the novation of this Sponsorship Agreement the sponsorship agreement to the New Controlling Participant under clause 8.
8.9 In the event that any of the transferred holdings comprise AQUA Products, the new Controlling Participant is accredited in accordance with Section 18 of the rules to facilitate settlement of AQUA productsParticipant.
Appears in 1 contract
Samples: Client Agreement
Change of Controlling Participant. 8.1 In the unlikely event that we can no longer serve you as the Controlling Participant (Sponsoring Brokera) of your Sponsored Holdings, then we The Sponsor will issue you a “Participant Change Notice”.
8.2 If you receive notify Macquarie in writing at least ten Business Days before issuing a Participant Change Notice to the Investor.
(b) If the Investor receives a Participant Change Notice from the Controlling Participant of the Sponsored Holding and the Participant Change Notice was received at least twenty (20) 20 Business Days prior to the date proposed in the noticeParticipant Change Notice for the change of Controlling Participant, you are under no obligation the Investor is not obliged to agree to the change of Controlling Participant, and may choose to do any of the things set out in clauses 8.3 or 8.4Condition 8(c) of this Sponsorship Agreement.
8.3 You (c) The Investor may choose to terminate this Sponsorship Agreement by giving written Withdrawal Instructions under the ASX Settlement Rules to the Controlling Participant, indicating whether you wish the Investor wishes to:
a. (i) transfer your its Participant Sponsored Holding to another Controlling Participant; or
b. (ii) transfer your its Participant Sponsored Holding to one or more Issuer Sponsored Holdings.
8.4 (d) If you do the Investor does not take any action to terminate this Sponsorship Agreement in accordance with clause 8.3 aboveCondition 8(c) of this Sponsorship Agreement, and do does not give any other instructions to us which the Controlling Participant that would indicate that you do the Investor does not agree to the change of Controlling Participant then, on the Effective Date, this Sponsorship Agreement will be taken to have been taken to be novated to the New new Controlling Participant and will be binding on all parties as if, on the Effective Date:
a. (i) the New Controlling Participant is a party to this Sponsorship Agreement in substitution for usthe existing Controlling Participant;
b. (ii) any rights of ours the Existing Controlling Participant are transferred to the New new Controlling Participant; and
c. we are (iii) the Existing Controlling Participant is released by you the Investor from any obligations arising on or after the Effective Date.
8.5 (e) The novation in clause 8.4 Condition 8(d) of this Sponsorship Agreement will not take effect until you have the Investor has received a notice from the New Controlling Participant confirming that the New Controlling Participant consents to acting as the Investor’s Controlling Participant for youParticipant. The Effective Date may as a result be later than the date set out in the Participant Change Notice.
8.6 You (f) The Investor will be taken to have consented to the events referred to in clause 8.4 Condition 8(d) of this Sponsorship Agreement by the doing of any act which is consistent with the novation of this Sponsorship Agreement to the New Controlling Participant (for example example, by giving an instruction to the New Controlling Participant), on or after the Effective Date, and such consent will be taken to be given as of the Effective Date.
8.7 (g) This Sponsorship Agreement continues for the benefit of us the Existing Controlling Participant in respect of any rights and obligations accruing before the Effective Date. To Date and, to the extent that any law or provision of any agreement makes the novation in clause 8.4 Condition 8(d) not binding or effective on the Effective Date, then then:
(i) this Sponsorship Agreement will continue for the benefit of us the Existing Controlling Participant until such time as the novation is effective. We ; and
(ii) the Existing Controlling Sponsor will hold the benefit of this Sponsorship Agreement on trust for the New Controlling ParticipantSponsor.
8.8 (h) Nothing in clause 8 this Sponsorship Agreement will prevent the completion of CHESS transactions by us the Existing Controlling Participant where the obligation to complete those transactions arises before the Effective Date. This Date and this Sponsorship Agreement will continue to apply to the completion of those transactions, notwithstanding the novation of this Sponsorship Agreement to the New Controlling Participant under clause 8Participant.
8.9 In the event that any of the transferred holdings comprise AQUA Products, the new Controlling Participant is accredited in accordance with Section 18 of the rules to facilitate settlement of AQUA products.
Appears in 1 contract
Samples: Client Agreement
Change of Controlling Participant. 8.1 In 5.1 If the unlikely event that we can no longer serve you as the Controlling Participant (Sponsoring Broker) of your Sponsored Holdings, then we will issue you a “Participant Change Notice”.
8.2 If you receive Holder receives a Participant Change Notice from the Controlling Participant of the Participant Sponsored Holding and the Participant Change Notice was received at least twenty (20) 20 Business Days prior to the date proposed in the noticeParticipant Change Notice for the change of Controlling Participant, you are the Participant Sponsored Holder is under no obligation to agree to the change of Controlling Participant, and may choose to do any of the things set out in clauses 8.3 5.2 or 8.45.3.
8.3 You 5.2 The Participant Sponsored Holder may choose to terminate this Sponsorship the Agreement by giving written Withdrawal Instructions under the ASX Settlement Rules to the Controlling Participant, indicating whether you wish the Participant Sponsored Holder wishes to:
a. a) transfer your its Participant Sponsored Holding to another Controlling Participant; or
b. b) transfer your its Participant Sponsored Holding to one or more Issuer Sponsored Holdings.
8.4 5.3 If you do the Participant Sponsored Holder does not take any action to terminate this Sponsorship Agreement the agreement in accordance with clause 8.3 5.2 above, and do does not give any other instructions to us the Controlling Participant which would indicate that you do the Participant Sponsored Holder does not agree to the change of Controlling Participant then, on the Effective Date, this Sponsorship the Agreement will have been taken to be novated to the New Controlling Participant and will be binding on all parties as if, on the Effective Date:
a. a) the New Controlling Participant is a party to this Sponsorship the Agreement in substitution for usthe Existing Controlling Participant;
b. b) any rights of ours the Existing Controlling Participant are transferred to the New Controlling Participant; and
c. we are c) the Existing Controlling Participant is released by you the Participant Sponsored Holder from any obligations arising on or after the Effective Date.
8.5 5.4 The novation in clause 8.4 5.3 will not take effect until you have the Participant Sponsored Holder has received a notice from the New Controlling Participant confirming that the New Controlling Participant consents to acting as the Controlling Participant for youthe Participant Sponsored Holder. The Effective Date may as a result be later than the date set out in the Participant Change Notice.
8.6 You 5.5 The Participant Sponsored Holder will be taken to have consented to the events referred to in clause 8.4 5.4 by the doing of any act which is consistent with the novation of this Sponsorship the Agreement to the New Controlling Participant (for example by giving an instruction to the New Controlling Participant), on or after the Effective Date, and such consent will be taken to be given as of the Effective Date.
8.7 This Sponsorship 5.6 The Agreement continues for the benefit of us the Existing Controlling Participant in respect of any rights and obligations accruing before the Effective Date. To Date and, to the extent that any law or provision of any agreement makes the novation in clause 8.4 5.3 not binding or effective on the Effective Date, then this Sponsorship the Agreement will continue for the benefit of us the Existing Controlling Participant until such time as the novation is effective. We , and the Existing Controlling Participant will hold the benefit of this Sponsorship the Agreement on trust for the New Controlling Participant.
8.8 5.7 Nothing in this clause 8 5 will prevent the completion of CHESS transactions by us the Existing Controlling Participant where the obligation to complete those transactions arises before the Effective Date. This Sponsorship Date and the Agreement will continue to apply to the completion of those transactions, notwithstanding the novation of this Sponsorship the Agreement to the New Controlling Participant under this clause 85.
8.9 In the event that any of the transferred holdings comprise AQUA Products, the new Controlling Participant is accredited in accordance with Section 18 of the rules to facilitate settlement of AQUA products.
Appears in 1 contract
Samples: Account Opening Agreement
Change of Controlling Participant. 8.1 In 7.1 If the unlikely event that we can no longer serve you as the Controlling Participant (Sponsoring Broker) of your Sponsored Holdings, then we will issue you a “Participant Change Notice”.
8.2 If you receive Holder receives a Participant Change Notice from the Controlling Participant of the Participant Sponsored Holding and the Participant Change Notice was received at least twenty (20) Business Days 20 business days prior to the date proposed in the noticeParticipant Change Notice for the change of Controlling Participant, you are the Participant Sponsored Holder is under no obligation to agree to the change of Controlling Participant, and may choose to do any of the things set out in clauses 8.3 7.2 or 8.47.3.
8.3 You 7.2 The Participant Sponsored Holder may choose to terminate this the CHESS Sponsorship Agreement by giving written Withdrawal Instructions under the ASX Settlement Operating Rules to the Controlling Participant, indicating whether you wish the Participant Sponsored Holder wishes to:
a. (a) transfer your its Participant Sponsored Holding to another Controlling Participant; , or
b. (b) transfer your its Participant Sponsored Holding to one or more Issuer Sponsored Holdings.
8.4 7.3 If you do the Participant Sponsored Holder does not take any action to terminate this Sponsorship Agreement the agreement in accordance with clause 8.3 7.2 above, and do does not give any other instructions to us the Controlling Participant which would indicate that you do the Participant Sponsored Holder does not agree to the change of Controlling Participant then, on the Effective Dateeffective date, this the CHESS Sponsorship Agreement will have been taken to be novated to the New Controlling Participant and will be binding on all parties as if, on the Effective Dateeffective date:
a. (a) the New Controlling Participant is a party to this the CHESS Sponsorship Agreement in substitution for us;the Existing Controlling Participant
b. (b) any rights of ours the Existing Controlling Participant are transferred to the New new Controlling Participant; , and
c. we are (c) the Existing Controlling Participant is released by you the Participant Sponsored Holder from any obligations arising on or after the Effective Dateeffective date.
8.5 7.4 The novation in clause 8.4 7.3 will not take effect until you have the Participant Sponsored Holder has received a notice from the New Controlling Participant confirming that the New Controlling Participant consents to acting as the Controlling Participant for youthe Participant Sponsored Holder. The Effective effective Date may as a result be later than the date set out in the Participant Change Notice.
8.6 You 7.5 The Participant Sponsored Holder will be taken to have consented to the events referred to in clause 8.4 7.4 by the doing of any act which is consistent with the novation of this Sponsorship the Agreement to the New Controlling Participant (for example by giving an instruction to the New Controlling Participant), on or after the Effective Dateeffective date, and such consent will be taken to be given as of the Effective Dateeffective date.
8.7 This 7.6 The CHESS Sponsorship Agreement continues for the benefit of us the Existing Controlling Participant in respect of any rights and obligations accruing before the Effective Date. To Date and, to the extent that any law or provision of any agreement makes the novation in clause 8.4 7.3 not binding or effective on the Effective Date, then this the CHESS Sponsorship Agreement will continue for the benefit of us the Existing Controlling Participant until such time as the novation is effective. We , and the Existing Controlling Participant will hold the benefit of this Sponsorship the Agreement on trust for the New Controlling Participant.
8.8 7.7 Nothing in this clause 8 7 will prevent the completion of CHESS transactions by us the Existing Controlling Participant where the obligation to complete those transactions arises before the Effective Date. This effective date and the CHESS Sponsorship Agreement will continue to apply to the completion of those transactions, notwithstanding the novation of this the CHESS Sponsorship Agreement to the New Controlling Participant under this clause 87.
8.9 In the event that any of the transferred holdings comprise AQUA Products, the new Controlling Participant is accredited in accordance with Section 18 of the rules to facilitate settlement of AQUA products.
Appears in 1 contract
Samples: Chess Sponsorship Agreement
Change of Controlling Participant. 8.1 In 5.1 If the unlikely event that we can no longer serve you as the Controlling Participant (Sponsoring Broker) of your Sponsored Holdings, then we will issue you a “Participant Change Notice”.
8.2 If you receive Holder receives a Participant Change Notice from the Controlling Participant of the Participant Sponsored Holding and the Participant Change Notice was received at least twenty (20) 20 Business Days prior to the date proposed in the noticeParticipant Change Notice for the change of Controlling Participant, you are the Participant Sponsored Holder is under no obligation to agree to the change of Controlling Participant, and may choose to do any of the things set out in clauses 8.3 5.2 or 8.45.3.
8.3 You 5.2 The Participant Sponsored Holder may choose to terminate this Sponsorship the Agreement by giving written Withdrawal Instructions under the ASX Settlement Operating Rules to the Controlling Participant, indicating whether you wish the Participant Sponsored Holder wishes to:
a. (a) transfer your its Participant Sponsored Holding to another Controlling Participant; or
b. (b) transfer your its Participant Sponsored Holding to one or more Issuer Sponsored Holdings.
8.4 5.3 If you do the Participant Sponsored Holder does not take any action to terminate this Sponsorship Agreement the agreement in accordance with clause 8.3 5.2 above, and do does not give any other instructions to us the Controlling Participant which would indicate that you do the Participant Sponsored Holder does not agree to the change of Controlling Participant then, on the Effective Date, this Sponsorship the Agreement will have been taken to be novated to the New Controlling Participant and will be binding on all parties as if, on the Effective Date:
a. (a) the New Controlling Participant is a party to this Sponsorship the Agreement in substitution for usthe Existing Controlling Participant;
b. (b) any rights of ours the Existing Controlling Participant are transferred to the New Controlling Participant; and
c. we are (c) the Existing Controlling Participant is released by you the Participant Sponsored Holder from any obligations arising on or after the Effective Date.
8.5 5.4 The novation in clause 8.4 5.3 will not take effect until you have the Participant Sponsored Holder has received a notice from the New Controlling Participant confirming that the New Controlling Participant consents to acting as the Controlling Participant for youthe Participant Sponsored Holder. The Effective Date may as a result be later than the date set out in the Participant Change Notice.
8.6 You 5.5 The Participant Sponsored Holder will be taken to have consented to the events referred to in clause 8.4 5.4 by the doing of any act which is consistent with the novation of this Sponsorship the Agreement to the New Controlling Participant (for example by giving an instruction to the New Controlling Participant), on or after the Effective Date, and such consent will be taken to be given as of the Effective Date.
8.7 This Sponsorship 5.6 The Agreement continues for the benefit of us the Existing Controlling Participant in respect of any rights and obligations accruing before the Effective Date. To Date and, to the extent that any law or provision of any agreement makes the novation in clause 8.4 5.3 not binding or effective on the Effective Date, then this Sponsorship the Agreement will continue for the benefit of us the Existing Controlling Participant until such time as the novation is effective. We , and the Existing Controlling Participant will hold the benefit of this Sponsorship the Agreement on trust for the New Controlling Participant.
8.8 5.7 Nothing in this clause 8 5 will prevent the completion of CHESS transactions by us the Existing Controlling Participant where the obligation to complete those transactions arises before the Effective Date. This Sponsorship Date and the Agreement will continue to apply to the completion of those transactions, notwithstanding the novation of this Sponsorship the Agreement to the New Controlling Participant under this clause 85.
8.9 In the event that any of the transferred holdings comprise AQUA Products, the new Controlling Participant is accredited in accordance with Section 18 of the rules to facilitate settlement of AQUA products.
Appears in 1 contract
Samples: Sponsorship Agreement
Change of Controlling Participant. 8.1 In the unlikely event that we can no longer serve you as the Controlling Participant (Sponsoring Broker) of your Sponsored Holdings, then we will issue you a “Participant Change Notice”.
8.2 If you receive a Participant Change Notice from FinClear Services in relation to your Participant Sponsored Holdings and the Participant Change Notice was received at least twenty (20) 20 Business Days prior to the date proposed in the noticeParticipant Change Notice for the change of Controlling Participant, you are under no obligation to agree to the change of Controlling Participant, and may choose to do any of the things set out in clauses 8.3 clause 8.2 or 8.48.3.
8.3 8.2 You may choose to terminate this Sponsorship Agreement by giving written Withdrawal Instructions under the ASX Settlement Rules indicating to FinClear Services, including whether you wish to:
a. a) transfer your Participant Sponsored Holding to another Controlling Participant; or
b. b) transfer your Participant Sponsored Holding to one or more Issuer Sponsored Holdings.
8.4 8.3 If you do not take any action to terminate this Sponsorship Agreement in accordance with clause 8.3 8.2 above, and do not give any other instructions to us FinClear Services which would indicate that you do not agree to the change of Controlling Participant then, on the Effective Date, this Sponsorship Agreement will have been taken to be novated to the New Controlling Participant and will be binding on all parties as if, on the Effective Date:
a. (a) the New Controlling Participant is a party to this Sponsorship Agreement in substitution for usFinClear Services;
b. (b) any rights of ours FinClear Services are transferred to the New Controlling Participant; and
c. we are (c) FinClear Services is released by you from any obligations arising on or after the Effective Date.
8.5 8.4 The novation in clause 8.4 8.3 will not take effect until you have received a notice from the New Controlling Participant confirming that the New Controlling Participant consents to acting as the your Controlling Participant for youParticipant. The Effective Date may as a result be later than the date set out in the Participant Change Notice.
8.6 8.5 You will be taken to have consented to the events referred to in clause 8.4 by by:
(a) the doing of any act which is consistent with the novation of this Sponsorship Agreement to the New Controlling Participant (for example by giving an instruction to the New Controlling Participant), on or after the Effective Date, and such consent will be taken to be given as of the Effective Date; or
(b) taking no action under clause 8.3.
8.7 8.6 This Sponsorship Agreement continues for the benefit of us FinClear Services in respect of any rights and obligations accruing before the Effective Date. To Date and, to the extent that any law or provision of any agreement makes the novation in clause 8.4 8.3 not binding or effective on the Effective Date, then this Sponsorship Agreement will continue for the benefit of us FinClear Services until such time as the novation is effective. We , and FinClear Services will hold the benefit of this Sponsorship Agreement on trust for the New Controlling Participant.
8.8 8.7 Nothing in this clause 8 will prevent the completion of CHESS transactions by us FinClear Services where the obligation to complete those transactions arises before the Effective Date. This Sponsorship Date and this Agreement will continue to apply to the completion of those transactions, notwithstanding the novation of this Sponsorship Agreement to the New Controlling Participant under this clause 8.
8.9 In the event that any of the transferred holdings comprise AQUA Products, the new Controlling Participant is accredited in accordance with Section 18 of the rules to facilitate settlement of AQUA products.
Appears in 1 contract
Samples: Chess Sponsorship Agreement
Change of Controlling Participant. 8.1 In 9.1 If the unlikely event that we can no longer serve you as the Controlling Participant (Sponsoring Broker) of your Sponsored Holdings, then we will issue you a “Participant Change Notice”.
8.2 If you receive Holder receives a Participant Change Notice from the Controlling Participant of the Participant Sponsored Holding and the Participant Change Notice was received at least twenty (20) 20 Business Days prior to the date proposed in the noticeParticipant Change Notice for the change of Controlling Participant, you are the Participant Sponsored Holder is under no obligation to agree to the change of Controlling Participant, and may choose to do any of the things set out in clauses 8.3 9.2 or 8.49.3.
8.3 You 9.2 The Participant Sponsored Holder may choose to terminate this Sponsorship the Agreement by giving written Withdrawal Instructions under the ASX Settlement Rules to the Controlling Participant, indicating whether you wish the Participant Sponsored Holder wishes to:
a. (a) transfer your its Participant Sponsored Holding to another Controlling Participant; or
b. (b) transfer your its Participant Sponsored Holding to one or more Issuer Sponsored Holdings.
8.4 9.3 If you do the Participant Sponsored Holder does not take any action to terminate this Sponsorship Agreement the agreement in accordance with clause 8.3 9.2 above, and do does not give any other instructions to us the Controlling Participant which would indicate that you do the Participant Sponsored Holder does not agree to the change of Controlling Participant then, on the Effective Date, this Sponsorship the Agreement will have been taken to be novated to the New Controlling Participant and will be binding on all parties as if, on the Effective Date:
a. (a) the New Controlling Participant is a party to this Sponsorship the Agreement in substitution for usthe Existing Controlling Participant;
b. (b) any rights of ours the Existing Controlling Participant are transferred to the New new Controlling Participant; and
c. we are (c) the Existing Controlling Participant is released by you the Participant Sponsored Holder from any obligations arising on or after the Effective Date.
8.5 9.4 The novation in clause 8.4 9.3 will not take effect until you have the Participant Sponsored Holder has received a notice from the New Controlling Participant confirming that the New Controlling Participant consents to acting as the Controlling Participant for youthe Participant Sponsored Holder. The Effective Date may as a result be later than the date set out in the Participant Change Notice.
8.6 You 9.5 The Participant Sponsored Holder will be taken to have consented to the events referred to in clause 8.4 by the doing of any act which is consistent with the novation of this Sponsorship Agreement to the New Controlling Participant (for example by giving an instruction to the New Controlling Participant), on or after the Effective Date, and such consent will be taken to be given as of the Effective Date.
8.7 This Sponsorship Agreement continues for the benefit of us in respect of any rights and obligations accruing before the Effective Date. To the extent that any law or provision of any agreement makes the novation in clause 8.4 not binding or effective on the Effective Date, then this Sponsorship Agreement will continue for the benefit of us until such time as the novation is effective. We will hold the benefit of this Sponsorship Agreement on trust for the New Controlling Participant.
8.8 Nothing in clause 8 will prevent the completion of CHESS transactions by us where the obligation to complete those transactions arises before the Effective Date. This Sponsorship Agreement will continue to apply to the completion of those transactions, notwithstanding the novation of this Sponsorship Agreement to the New Controlling Participant under clause 8.
8.9 In the event that any of the transferred holdings comprise AQUA Products, the new Controlling Participant is accredited in accordance with Section 18 of the rules to facilitate settlement of AQUA products.clause
Appears in 1 contract
Samples: Participant Sponsorship Agreement
Change of Controlling Participant. 8.1 In the unlikely event that we can no longer serve you as the Controlling Participant (Sponsoring Broker) of your Sponsored Holdings, then we will issue you a “Participant Change Notice”.
8.2 If you receive a Participant Change Notice at least twenty (20) Business Days 20 business days prior to the date proposed in the noticeNotice, you are under no obligation to agree to the change of Controlling Participant, and may choose to do any of the things set out in clauses 8.3 or 8.4.
8.3 You may choose to terminate this Sponsorship Agreement by giving written Withdrawal Instructions under the ASX Settlement Operating Rules indicating whether you wish to:
a. transfer your Sponsored Holding to another Controlling Participant; or
b. transfer your Sponsored Holding to one or more Issuer Sponsored Holdings.
8.4 If you do not take any action to terminate this Sponsorship Agreement in accordance with clause 8.3 above, and do not give any other instructions to us which would indicate that you do not agree to the change of Controlling Participant then, on the Effective Date, this Sponsorship Agreement will have been taken to be novated to the New Controlling Participant and will be binding on all parties as if, on the Effective Date:
a. the New Controlling Participant is a party to this Sponsorship Agreement in substitution for us;
b. any rights of ours are transferred to the New Controlling Participant; and
c. and we are released by you from any obligations arising on or after the Effective Date.
8.5 The novation in clause 8.4 will not take effect until you have received notice from the New Controlling Participant confirming that the New Controlling Participant consents to acting as the Controlling Participant for you. The Effective Date may as a result be later than the date set out in the Participant Change Notice.
8.6 You will be taken to have consented to the events referred to in clause 8.4 by the doing of any act which is consistent with the novation of this Sponsorship Agreement to the New Controlling Participant (for example by giving an instruction to the New Controlling Participant), on or after the Effective Date, and such consent will be taken to be given as of the Effective Date.
8.7 This Sponsorship Agreement continues for the benefit of us in respect of any rights and obligations accruing before the Effective Date. To the extent that any law or provision of any agreement makes the novation in clause 8.4 not binding or effective on the Effective Date, then this Sponsorship Agreement will continue for the benefit of us until such time as the novation is effective. We will hold the benefit of this Sponsorship Agreement on trust for the New Controlling Participant.
8.8 Nothing in clause 8 will prevent the completion of CHESS transactions by us where the obligation to complete those transactions arises before the Effective Date. This Sponsorship Agreement will continue to apply to the completion of those transactions, notwithstanding the novation of this Sponsorship Agreement to the New Controlling Participant under clause 8.
8.9 In the event that any of the transferred holdings comprise AQUA Products, the new Controlling Participant is accredited in accordance with Section 18 of the rules to facilitate settlement of AQUA products.
Appears in 1 contract
Samples: Client Agreement
Change of Controlling Participant. 8.1 In the unlikely event that we can no longer serve you You as the Controlling Participant (Sponsoring Broker) of your Your Sponsored Holdings, then we will issue you You a “Participant Change Notice”.
8.2 If you You receive a Participant Change Notice at least twenty (20) Business Days 20 business days prior to the date proposed in the noticeNotice, you are under no obligation to agree to the change of Controlling Participant, and may choose to do any of the things set out in clauses 8.3 or 8.4.You
8.3 You may choose to terminate this Sponsorship Agreement by giving written Withdrawal Instructions under the ASX Settlement Operating Rules indicating whether you You wish to:
a. transfer your Your Sponsored Holding to another Controlling Participant; or
b. transfer your Your Sponsored Holding to one or more Issuer Sponsored Holdings.
8.4 If you You do not take any action to terminate this Sponsorship Agreement in accordance with clause 8.3 above, and do not give any other instructions to us which would indicate that you You do not agree to the change of Controlling Participant then, on the Effective Date, this Sponsorship Agreement will have been taken to be novated to the New Controlling Participant and will be binding on all parties as if, on the Effective Date:
a. the New Controlling Participant is a party to this Sponsorship Agreement in substitution for us;
b. any rights of ours are transferred to the New Controlling Participant; and
c. and we are released by you You from any obligations arising on or after the Effective Date.
8.5 The novation in clause 8.4 will not take effect until you You have received notice from the New Controlling Participant confirming that the New Controlling Participant consents to acting as the Controlling Participant for youYou. The Effective Date may as a result be later than the date set out in the Participant Change Notice.
8.6 You will be taken to have consented to the events referred to in clause 8.4 by the doing of any act which is consistent with the novation of this Sponsorship Agreement to the New Controlling Participant (for example by giving an instruction to the New Controlling Participant), on or after the Effective Date, and such consent will be taken to be given as of the Effective Date.
8.7 This Sponsorship Agreement continues for the benefit of us in respect of any rights and obligations accruing before the Effective Date. To the extent that any law or provision of any agreement makes the novation in clause 8.4 not binding or effective on the Effective Date, then this Sponsorship Agreement will continue for the benefit of us until such time as the novation is effective. We will hold the benefit of this Sponsorship Agreement on trust for the New Controlling Participant.
8.8 Nothing in clause 8 will prevent the completion of CHESS transactions by us where the obligation to complete those transactions arises before the Effective Date. This Sponsorship Agreement will continue to apply to the completion of those transactions, notwithstanding the novation of this Sponsorship Agreement to the New Controlling Participant under clause 8.
8.9 In the event that any of the transferred holdings comprise AQUA Products, the new Controlling Participant is accredited in accordance with Section 18 of the rules to facilitate settlement of AQUA products.
Appears in 1 contract
Samples: Client Agreement
Change of Controlling Participant. 8.1 In 7.1 If the unlikely event that we can no longer serve you as the Controlling Participant (Sponsoring Broker) of your Sponsored Holdings, then we will issue you a “Participant Change Notice”.
8.2 If you receive Holder receives a Participant Change Notice from the Controlling Participant of the Sponsored Holding and the Participant Change Notice was received at least twenty (20) 20 Business Days prior to the date proposed in the noticeParticipant Change Notice for the change of Controlling Participant, you are the Sponsored Holder is under no obligation to agree to the change of Controlling Participant, and may choose to do any of the things set out in clauses 8.3 clause 7.2 or 8.47.3.
8.3 You 7.2 The Sponsored Holder may choose to terminate this Sponsorship the Agreement by giving written Withdrawal Instructions under the ASX Settlement Operating Rules to the Controlling Participant, indicating whether you wish the Sponsored Holder wishes to:
a. (a) transfer your its Sponsored Holding to another Controlling Participant; or
b. (b) transfer your its Sponsored Holding to one or more Issuer Sponsored Holdings.
8.4 7.3 If you do the Sponsored Holder does not take any action to terminate this Sponsorship Agreement the agreement in accordance with clause 8.3 above, 7.2 and do does not give any other instructions to us the Controlling Participant which would indicate that you do the Sponsored Holder does not agree to the change of Controlling Participant then, on the Effective Date, this Sponsorship the Agreement will have been taken to be novated to the New Controlling Participant and will be binding on all parties as if, on the Effective Date:
a. (a) the New Controlling Participant is a party to this Sponsorship the Agreement in substitution for usthe Existing Controlling Participant;
b. (b) any rights of ours the Existing Controlling Participant are transferred to the New new Controlling Participant; and
c. we are (c) the Existing Controlling Participant is released by you the Sponsored Holder from any obligations arising on or after the Effective Date.
8.5 7.4 The novation in clause 8.4 7.3 will not take effect until you have the Sponsored Holder has received a notice from the New Controlling Participant confirming that the New Controlling Participant consents to acting as the Controlling Participant for youthe Sponsored Holder. The Effective Date may as a result be later than the date set out in the Participant Change Notice.
8.6 You 7.5 The Sponsored Holder will be taken to have consented to the events referred to in clause 8.4 7.4 by the doing of any act which is consistent with the novation of this Sponsorship the Agreement to the New Controlling Participant (for example by giving an instruction to the New Controlling Participant), on or after the Effective Date, and such consent will be taken to be given as of the Effective Date.
8.7 This Sponsorship 7.6 The Agreement continues for the benefit of us the Existing Controlling Participant in respect of any rights and obligations accruing before the Effective Date. To Date and, to the extent that any law or provision of any agreement makes the novation in clause 8.4 7.3 not binding or effective on the Effective Date, then this Sponsorship the Agreement will continue for the benefit of us the Existing Controlling Participant until such time as the novation is effective. We , and the Existing Controlling Participant will hold the benefit of this Sponsorship the Agreement on trust for the New Controlling Participant.
8.8 7.7 Nothing in this clause 8 7 will prevent the completion of CHESS transactions by us the Existing Controlling Participant where the obligation to complete those transactions arises before the Effective Date. This Sponsorship Date and the Agreement will continue to apply to the completion of those transactions, notwithstanding the novation of this Sponsorship the Agreement to the New Controlling Participant under this clause 87.
8.9 In the event that any of the transferred holdings comprise AQUA Products, the new Controlling Participant is accredited in accordance with Section 18 of the rules to facilitate settlement of AQUA products.
Appears in 1 contract
Samples: Chess Sponsorship Agreement
Change of Controlling Participant. 8.1 (a) In the unlikely event that we can no longer serve you as the Controlling Participant (Sponsoring Brokerthe authorised broker sponsoring you in CHESS) of your Sponsored Holdings, then we will issue you a “Participant Change Notice”.
8.2 (b) If you receive a Participant Change Notice at least twenty (20) Business Days prior to the date proposed in the notice, you are under no obligation to agree to the change of Controlling Participant, Participant and may choose to do any of the things set out in clauses 8.3 or 8.4clause C9(c) and otherwise clause C9(d) will apply.
8.3 (c) You may choose to terminate this Sponsorship Agreement by giving written Withdrawal Instructions under the ASX Settlement Rules indicating whether you wish to:
a. (i) transfer your Sponsored Holding to another Controlling Participant; or
b. (ii) transfer your Sponsored Holding to one or more Issuer Sponsored Holdings.
8.4 (d) If you do not take any action to terminate this Sponsorship Agreement in accordance with clause 8.3 above, C9(c) above and do not give any other instructions to us which would indicate that you do not agree to the change of Controlling Participant then, on the Effective Date, this Sponsorship Agreement will have been taken to be novated to the New Controlling Participant and will be binding on all parties as if, on the Effective Date:
a. (i) the New Controlling Participant is a party to this Sponsorship Agreement in substitution for us;
b. (ii) any rights of ours are transferred to the New Controlling Participant; and
c. (iii) we are released by you from any obligations arising on or after the Effective Date.
8.5 (e) The novation in this clause 8.4 will not take effect until you have received notice from the New Controlling Participant confirming that the New Controlling Participant consents to acting act as the Controlling Participant for you. The Effective Date may as a result be later than the date set out in the Participant Change Notice.
8.6 (f) You will be taken to have consented to the events referred to in this clause 8.4 by the doing of any act which is consistent with the novation of this Sponsorship Agreement to the New Controlling Participant (for example by giving an instruction to the New Controlling Participant), on or after the Effective Date, and such consent will be taken to be given as of the Effective Date.
8.7 (g) This Sponsorship Agreement continues for the our benefit of us in respect of any rights and obligations accruing before the Effective Date. To the extent that any law or provision of any agreement makes the novation in this clause 8.4 not binding or effective on the Effective Date, then this Sponsorship Agreement will continue for the benefit of us until such time as the novation is effective. We will hold the benefit of this Sponsorship Agreement on trust for the New Controlling Participant.
8.8 (h) Nothing in this clause 8 will prevent the completion of CHESS transactions by us where the obligation to complete those transactions arises before the Effective Date. This Sponsorship Agreement will continue to apply to the completion of those transactions, notwithstanding the novation of this Sponsorship Agreement to the New Controlling Participant under clause 8this clause.
8.9 (i) In the event that any of the transferred holdings comprise AQUA Products, the new Controlling Participant is will be accredited in accordance with Section 18 of the rules to facilitate the settlement of AQUA products.
(a) The following compensation arrangements apply to you:
(i) Should you have a complaint, please contact us (our contact details are provided at the front of this agreement).
(ii) You may lodge a complaint against us or any claim for compensation with ASIC, the relevant Securities Exchange (ASX, Cboe Australia or NSX), ASX Clear, ASX Settlement or AFCA.
(b) If we breach a provision of this Sponsorship Agreement and you make a claim for compensation pursuant to that breach, our ability to satisfy that claim will depend on our financial circumstances at the time.
(c) If a breach by us of a provision of this Sponsorship Agreement falls within the circumstances specified in the compensation arrangements applicable to the Approved Market Operator or the Clearing Participant of ASX Clear under the Corporations Act and Corporations Regulations, you may make a claim under the relevant compensation arrangements.
Appears in 1 contract
Samples: General Terms and Conditions
Change of Controlling Participant. 8.1 In the unlikely event that we can no longer serve you as the Controlling Participant (Sponsoring Broker) of your Sponsored Holdings, then we will issue you a “Participant Change Notice”.
8.2 10.1 If you receive a Participant Change Notice from Xxxxxx Xxxxxxxx in relation to your Participant Sponsored Holding and the Participant Change Notice was received at least twenty (20) 20 Business Days prior to the date proposed in the noticeParticipant Change Notice for the change of Controlling Participant, you are under no obligation to agree to the change of Controlling Participant, and may choose to do any of the things set out in clauses 8.3 Clauses 10.2 or 8.410.3.
8.3 10.2 You may choose to terminate this Sponsorship the Agreement by giving written Withdrawal Instructions under the ASX ASTC Settlement Rules to Xxxxxx Xxxxxxxx, indicating whether you wish to:
a. (a) transfer your Participant Sponsored Holding to another Controlling Participant; or
b. (b) transfer your Participant Sponsored Holding to one or more Issuer Sponsored Holdings.
8.4 10.3 If you do not take any action to terminate this Sponsorship the Agreement in accordance with clause 8.3 Clause 10.2 above, and do not give any other instructions to us Xxxxxx Xxxxxxxx which would indicate that you do not agree to the change of Controlling Participant then, on the Effective Date, this Sponsorship the Agreement will have been taken to be novated to the New Controlling Participant and will be binding on all parties as if, on the Effective Date:
a. (a) the New Controlling Participant is a party to this Sponsorship the Agreement in substitution for usXxxxxx Xxxxxxxx;
b. (b) any rights of ours Xxxxxx Xxxxxxxx are transferred to the New Controlling Participant; and
c. we are (c) Xxxxxx Xxxxxxxx is released by you from any obligations arising on or after the Effective Date.
8.5 10.4 The novation in clause 8.4 Clause 10.3 will not take effect until you have received a notice from the New Controlling Participant confirming that the New Controlling Participant consents to acting as the your Controlling Participant for youParticipant. The Effective Date may as a result be later than the date set out in the Participant Change Notice.
8.6 10.5 You will be taken to have consented to the events referred to in clause 8.4 Clause 10.4 by the doing of any act which is consistent with the novation of this Sponsorship the Agreement to the New Controlling Participant (for example by giving an instruction to the New Controlling Participant), on or after the Effective Date, and such consent will be taken to be given as of the Effective Date.
8.7 This Sponsorship 10.6 The Agreement continues for the benefit of us Xxxxxx Xxxxxxxx in respect of any rights and obligations accruing before the Effective Date. To Date and, to the extent that any law or provision of any agreement makes the novation in clause 8.4 Clause 10.3 not binding or effective on the Effective Date, then this Sponsorship the Agreement will continue for the benefit of us Xxxxxx Xxxxxxxx until such time as the novation is effective. We , and Xxxxxx Xxxxxxxx will hold the benefit of this Sponsorship the Agreement on trust for the New Controlling Participant.
8.8 10.7 Nothing in clause 8 this Clause 10 will prevent the completion of CHESS transactions by us Xxxxxx Xxxxxxxx where the obligation to complete those transactions arises before the Effective Date. This Sponsorship Date and the Agreement will continue to apply to the completion of those transactions, notwithstanding the novation of this Sponsorship the Agreement to the New Controlling Participant under clause 8this Clause 10.
8.9 In the event that any of the transferred holdings comprise AQUA Products, the new Controlling Participant is accredited in accordance with Section 18 of the rules to facilitate settlement of AQUA products.
Appears in 1 contract
Samples: Sponsorship Agreement
Change of Controlling Participant. 8.1 (a) In the unlikely event that we can no longer serve you as the Controlling Participant (Sponsoring Brokerthe authorised broker sponsoring you in CHESS) of your Sponsored Holdings, then we will issue you a “Participant Change Notice”.
8.2 (b) If you receive a Participant Change Notice at least twenty (20) Business Days prior to the date proposed in the notice, you are under no obligation to agree to the change of Controlling Participant, Participant and may choose to do any of the things set out in clauses 8.3 or 8.4clause C9(c) and otherwise clause C9(d) will apply.
8.3 (c) You may choose to terminate this Sponsorship Agreement by giving written Withdrawal Instructions under the ASX Settlement Rules indicating whether you wish to:
a. (i) transfer your Sponsored Holding to another Controlling Participant; or
b. (ii) transfer your Sponsored Holding to one or more Issuer Sponsored Holdings.
8.4 (d) If you do not take any action to terminate this Sponsorship Agreement in accordance with clause 8.3 above, C9(c) above and do not give any other instructions to us which would indicate that you do not agree to the change of Controlling Participant then, on the Effective Date, this Sponsorship Agreement will have been taken to be novated to the New Controlling Participant and will be binding on all parties as if, on the Effective Date:
a. (i) the New Controlling Participant is a party to this Sponsorship Agreement in substitution for us;
b. (ii) any rights of ours are transferred to the New Controlling Participant; and
c. (iii) we are released by you from any obligations arising on or after the Effective Date.
8.5 (e) The novation in this clause 8.4 will not take effect until you have received notice from the New Controlling Participant confirming that the New Controlling Participant consents to acting act as the Controlling Participant for you. The Effective Date may as a result be later than the date set out in the Participant Change Notice.
8.6 (f) You will be taken to have consented to the events referred to in this clause 8.4 by the doing of any act which is consistent with the novation of this Sponsorship Agreement to the New Controlling Participant (for example by giving an instruction to the New Controlling Participant), on or after the Effective Date, and such consent will be taken to be given as of the Effective Date.
8.7 (g) This Sponsorship Agreement continues for the our benefit of us in respect of any rights and obligations accruing before the Effective Date. To the extent that any law or provision of any agreement makes the novation in this clause 8.4 not binding or effective on the Effective Date, then this Sponsorship Agreement will continue for the benefit of us until such time as the novation is effective. We will hold the benefit of this Sponsorship Agreement on trust for the New Controlling Participant.
8.8 (h) Nothing in this clause 8 will prevent the completion of CHESS transactions by us where the obligation to complete those transactions arises before the Effective Date. This Sponsorship Agreement will continue to apply to the completion of those transactions, notwithstanding the novation of this Sponsorship Agreement to the New Controlling Participant under clause 8this clause.
8.9 (i) In the event that any of the transferred holdings comprise AQUA Products, the new Controlling Participant is will be accredited in accordance with Section 18 of the rules to facilitate the settlement of AQUA products.products.
Appears in 1 contract
Samples: General Terms and Conditions