Common use of Credits, Advances and Overdrafts Clause in Contracts

Credits, Advances and Overdrafts. (a) The Custodian shall have no obligation whatsoever to extend any credit or to make advance of any cash to the Security Provider to facilitate the settlement of any transaction or transfer of any Property. (b) Notwithstanding (a) above, if the Custodian, whether pursuant to Section 4.2 or 4.3, or for facilitating settlement of securities transactions (including, for the avoidance of doubt, purchases) or any other transfers, or otherwise, credits the Cash Accounts or Distribution Account with Cash equal to the amount of any payment which the Custodian anticipates will be received by the Custodian, or a Depository prior to actual receipt by the Custodian of final payment of such amount, such advance credit shall be regarded as an extension of credit which is conditional upon receipt by the Custodian of final payment and may be reversed to the extent that final payment is not received by way of final payment by the Custodian. The Security Provider assumes full responsibility for all risks involved in connection with the Custodian’s advance credit of Cash, except to the extent any risks or losses arise directly from the Custodian’s negligence, wilful misconduct or fraud. (c) In the event that the Custodian has extended credit to the Security Provider as described in (b), or if the Security Provider otherwise becomes indebted to the Custodian (including, without limitation, overdrafts incurred in connection with the settlement of securities transactions, funds, transfers or foreign exchange transactions), the Security Provider shall, upon demand or upon becoming aware of the amount of the advance, overdraft or indebtedness, whichever is the earlier, immediately reimburse the Custodian for such amounts in the same currency if legally available plus accrued interest at a rate then charged by the Custodian to its institutional asset servicing customers and the Custodian shall subject to Section 10.17 have a general lien on such Eligible Collateral and a right of setoff against any Cash, until such time as Custodian is reimbursed the amount of such advance (plus accrued interest). (d) For the purposes of this Agreement, payment will not be “final” until the Custodian has received immediately available funds which, under applicable local laws, regulations, rules, customs or practices, are not reversible and not subject to any security interest, levy or other encumbrance, and that are specifically applicable to such transaction.

Appears in 2 contracts

Samples: Collateral Security Agreement, Custody Agreement

AutoNDA by SimpleDocs

Credits, Advances and Overdrafts. (a) The Custodian shall have no obligation whatsoever to extend any credit or to make advance of any cash to the LLP or the Security Provider Trustee to facilitate the settlement of any transaction or transfer of any Property. (b) Notwithstanding (a) above, if the Custodian, whether pursuant to Section 4.2 Clause 5.2(b) or 4.35.2(c), or for facilitating settlement of securities transactions (including, for the avoidance of doubt, purchases) or any other transfers, or otherwise, credits any of the LLP's Cash Accounts or Distribution Account with Cash equal to the amount of any payment which the Custodian anticipates will be received by the Custodian, Custodian or a Depository prior to actual receipt by the Custodian of final payment of such amount, such advance credit shall be regarded as an extension of credit which is conditional upon receipt by the Custodian of final payment and may be reversed to the extent that final payment is not received by way of final payment by the Custodian. The Security Provider LLP assumes full responsibility for all risks involved in connection with the Custodian’s 's advance credit of Cash, except to the extent any risks or losses arise directly from the Custodian’s negligence, wilful misconduct or fraud. (c) In the event that the Custodian has extended credit to the Security Provider LLP as described in (b), or if the Security Provider LLP otherwise becomes indebted to the Custodian (including, without limitation, overdrafts incurred in connection with the settlement of securities transactions, funds, transfers or foreign exchange transactions), the Security Provider LLP shall, upon demand or upon becoming aware of the amount of the advance, overdraft or indebtedness, whichever is the earlier, immediately reimburse the Custodian for such amounts in the same currency if legally available plus accrued interest at a rate then charged by the Custodian to its institutional asset servicing customers and the Custodian shall subject to Section 10.17 have a general lien on such Eligible Collateral and a right of setoff against any Cash, until such time as Custodian is reimbursed the amount of such advance (plus accrued interest)customers. (d) For the purposes of this Agreement, payment will not be "final" until the Custodian has received immediately available funds which, under applicable local laws, regulations, rules, customs or practices, are not reversible and not subject to any security interest, levy or other encumbrance, and that are specifically applicable to such transaction.

Appears in 1 contract

Samples: Custody Agreement

Credits, Advances and Overdrafts. (a) The Custodian shall have no obligation whatsoever to extend any credit or to make advance of any cash to the Security Provider Issuer or the Trustee to facilitate the settlement of any transaction or transfer of any Property. (b) Notwithstanding (a) above, if the Custodian, whether pursuant to Section 4.2 or 4.3, or for facilitating settlement of securities transactions (including, for the avoidance of doubt, purchases) or any other transfers, or otherwise, credits the Cash Accounts or Distribution Account with Cash equal to the amount of any payment which the Custodian anticipates will be received by the Custodian, a Subcustodian or a Depository prior to actual receipt by the Custodian of final payment of such amount, such advance credit shall be regarded as an extension of credit which is conditional upon receipt by the Custodian of final payment and may be reversed to the extent that final payment is not received by way of final payment by the Custodian. The Security Provider Issuer assumes full responsibility for all risks involved in connection with the Custodian’s 's advance credit of Cash, except to the extent any risks or losses arise directly from the Custodian’s negligence, wilful misconduct or fraud. (c) In the event that the Custodian has extended credit to the Security Provider Issuer as described in (b)) or in any other context, or if the Security Provider Issuer otherwise becomes indebted to the Custodian under this Agreement (including, without limitation, overdrafts incurred in connection with the settlement of securities transactions, funds, transfers or foreign exchange transactions), the Security Provider Issuer shall, upon demand or upon becoming aware of the amount of the advance, overdraft or indebtedness, whichever is the earlier, immediately reimburse the Custodian for such amounts in the same currency if legally available plus accrued interest at a rate then charged by the Custodian to its institutional asset servicing customers and the Custodian shall subject to Section 10.17 have a general lien on such Eligible Collateral and a right of setoff against any Cash, until such time as Custodian is reimbursed the amount of such advance (plus accrued interest)customers. (d) For the purposes of this Agreement, no payment will not be "final" until the Custodian has received immediately available funds which, under applicable local laws, regulations, rules, customs or practices, are not reversible and not subject to any security interest, levy or other encumbrance, and that are specifically applicable to such the relevant transaction.

Appears in 1 contract

Samples: Custody Agreement

Credits, Advances and Overdrafts. (a) a. The Custodian shall have no obligation whatsoever to extend any credit or to make advance of any cash to the Security Provider Trustee to facilitate the settlement of any transaction or transfer of any Property. (b) b. Notwithstanding (a) above, if the Custodian, whether pursuant to Section 4.2 or 4.3, or for facilitating settlement of securities transactions (including, for the avoidance of doubt, purchases) or any other transfers, or otherwise, credits the Trustee's Cash Accounts or Distribution Account with Cash equal to the amount of any payment which the Custodian anticipates will be received by the Custodian, a Subcustodian or a Depository prior to actual receipt by the Custodian of final payment of such amount, such advance credit shall be regarded as an extension of credit which is conditional upon receipt by the Custodian of final payment and may be reversed to the extent that final payment is not received by way of final payment by the Custodian. The Security Provider Trustee assumes full responsibility for all risks involved in connection with the Custodian’s advance credit of Cash, except to the extent any risks or losses arise directly from the Custodian’s negligence, wilful misconduct or fraudXxxx. (c) c. In the event that the Custodian has extended credit to the Security Provider Trustee as described in (b), or if the Security Provider Trustee otherwise becomes indebted to the Custodian (including, without limitation, overdrafts incurred in connection with the settlement of securities transactions, funds, transfers or foreign exchange transactions), the Security Provider Issuer shall, upon demand or upon becoming aware of the amount of the advance, overdraft or indebtedness, whichever is the earlier, immediately reimburse the Custodian for such amounts in the same currency if legally available plus accrued interest at a rate then charged by the Custodian to its institutional asset servicing customers and the Custodian shall subject to Section 10.17 have a general lien on such Eligible Collateral and a right of setoff against any Cash, until such time as Custodian is reimbursed the amount of such advance (plus accrued interest)customers. (d) d. For the purposes of this Agreement, payment will not be "final" until the Custodian has received immediately available funds which, under applicable local laws, regulations, rules, customs or practices, are not reversible and not subject to any security interest, levy or other encumbrance, and that are specifically applicable to such transaction.

Appears in 1 contract

Samples: Custody Agreement

AutoNDA by SimpleDocs

Credits, Advances and Overdrafts. (a) The Custodian shall have no obligation whatsoever to extend any credit or to make advance of any cash to the Issuer, the Note Trustee or the Security Provider Trustee to facilitate the settlement of any transaction or transfer of any Property. (b) Notwithstanding (a) above, if the Custodian, whether pursuant to Section 4.2 or 4.3, or for facilitating settlement of securities transactions (including, for the avoidance of doubt, purchases) or any other transfers, or otherwise, credits the a Cash Accounts or Distribution Account with Cash equal to the amount of any payment which the Custodian anticipates will be received by the Custodian, a Subcustodian or a Depository prior to actual receipt by the Custodian of final payment of such amount, such advance credit shall be regarded as an extension of credit which is conditional upon receipt by the Custodian of final payment and may be reversed to the extent that final payment is not received by way of final payment by the Custodian. The Security Provider Issuer assumes full responsibility for all risks involved in connection with the Custodian’s 's advance credit of Cash, except to the extent any risks or losses arise directly from the Custodian’s negligence, wilful misconduct or fraudXxxx. (c) In the event that the Custodian has extended credit to the Security Provider Issuer as described in (b)) or in any other context, or if the Security Provider Issuer otherwise becomes indebted to the Custodian under this Agreement (including, without limitation, overdrafts incurred in connection with the settlement of securities transactions, funds, transfers or foreign exchange transactions), the Security Provider Issuer shall, upon demand or upon becoming aware of the amount of the advance, overdraft or indebtedness, whichever is the earlier, immediately reimburse the Custodian for such amounts in the same currency if legally available plus accrued interest at a rate then charged by the Custodian to its institutional asset servicing customers and the Custodian shall subject to Section 10.17 have a general lien on such Eligible Collateral the Securities recorded in the Custody Account and a right of setoff set-off against any Cash, until such time as Custodian is reimbursed for the amount of such advance advance, overdraft or indebtedness (plus accrued interest). (d) For the purposes of this Agreement, no payment will not be "final" until the Custodian has received immediately available funds which, under applicable local laws, regulations, rules, customs or practices, are not reversible and not subject to any security interest, levy or other encumbrance, and that are specifically applicable to such the relevant transaction.

Appears in 1 contract

Samples: Custody Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!