Dealing Lines Discretionary and Limited Sample Clauses

Dealing Lines Discretionary and Limited. Customer acknowledges and agrees that the establishment, maintenance and terms of Dealing Lines by UBS is subject to UBS’s sole discretion, including discretion regarding credit, documentation, available currencies or Bullion, size or tenor. Dealing Lines may vary according to currency or Bullion and UBS’s credit exposure to Permitted Dealers outside of the scope of this Agreement. Customer further acknowledges and agrees that: (a) Dealing Lines may be changed by UBS in its sole discretion at any time without prior notice and (b) UBS is not and shall not be responsible for and does not warrant the sufficiency or availability of any Dealing Lines for any purpose. In the event that UBS does not establish or maintain adequate Dealing Lines, Customer’s only remedy shall be to terminate this Agreement and in connection therewith, Customer waives all other claims and remedies it may have against UBS. -1- (c) PB Notice Specifies Permitted Dealers and Limits. From time to time UBS will advise Customer of the Permitted Dealers and limits applicable thereto by advising customer of, delivering or otherwise making available a PB Notice to Customer. Each of the criteria of the PB Notice constitutes a limit to Customer’s Limited Agency Authority for transactions with the applicable Permitted Dealers. Notwithstanding anything herein to the contrary, UBS may from time to time amend a PB Notice having the effect of cancelling, suspending, modifying, superseding or otherwise amending the limits set forth in a prior PB Notice. Article IV TRANSACTION CONFIRMATION AND ROLLING 4.1 (a) Customer Obligation to Notify UBS of Authorized Transactions. Customer shall promptly (i) notify UBS of the trade details of an Authorized Transaction through a proprietary electronic interface or communication medium as UBS may specify or as the parties may otherwise mutually agree or (ii) respond to trade notices provided by UBS or Permitted Dealer via such medium as UBS and Customer may mutally agree, including, if agreed, via UBS’s online automated system (the “UBS Webpage”); provided, however, any use by Customer of the UBS Webpage does not supplant or otherwise limit Customer’s obligation to otherwise notify UBS of the trade details of the Transaction in the event that Customer’s internal records do not reconcile with the UBS Webpage or UBS Reporting. In the event that the chosen method of communication is not available for any reason or Customer’s internal records do not reconcile with the ...
Sample 1
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Dealing Lines Discretionary and Limited. Customer acknowledges and agrees that the establishment, maintenance and terms of Dealing Lines by UBS is subject to UBS’s sole discretion, including discretion regarding credit, documentation, available currencies or Bullion, size or tenor. Dealing Lines may vary according to currency or Bullion and UBS’s credit exposure to Permitted Dealers outside of the scope of this Agreement. Customer further acknowledges and agrees that: (a) Dealing Lines may be changed by UBS in its sole discretion at any time without prior notice and (b) UBS is not and shall not be responsible for and does not warrant the sufficiency or availability of any Dealing Lines for any purpose. In the event that UBS does not establish or maintain adequate Dealing Lines, Customer’s only remedy shall be to terminate this Agreement and in connection therewith, Customer waives all other claims and remedies it may have against UBS.
Sample 1

Related to Dealing Lines Discretionary and Limited

  • Nondiscretionary Details and Minor Expenses The Custodian shall attend to all nondiscretionary details in connection with the sale or purchase or other administration of Investments, except as otherwise directed by Instruction, and may make payments to itself or others for minor expenses of administering Investments under this Agreement, provided that the Fund shall have the right to request an accounting with respect to such expenses.

  • Duties of Custodian with Respect to the Books of Account and Calculation of Net Asset Value and Net Income The Custodian shall cooperate with and supply necessary information to the entity or entities appointed by the applicable Board to keep the books of account of each Portfolio and/or compute the net asset value per Share of the outstanding Shares or, if directed in writing to do so by a Fund on behalf of a Portfolio, shall itself keep such books of account and/or compute such net asset value per Share. If so directed, the Custodian shall also calculate daily the net income of the Portfolio as described in the Prospectus and shall advise the Fund and the Transfer Agent daily of the total amounts of such net income and, if instructed in writing by an officer of the Fund to do so, shall advise the Transfer Agent periodically of the division of such net income among its various components. Each Fund acknowledges and agrees that, with respect to investments maintained with the Underlying Transfer Agent, the Underlying Transfer Agent is the sole source of information on the number of shares of a fund held by it on behalf of a Portfolio and that the Custodian has the right to rely on holdings information furnished by the Underlying Transfer Agent to the Custodian in performing its duties under this Agreement, including without limitation, the duties set forth in this Section 10 and in Section 11 hereof; provided, however, that the Custodian shall be obligated to reconcile information as to purchases and sales of Underlying Shares contained in trade instructions and confirmations received by the Custodian and to report promptly any discrepancies to the Underlying Transfer Agent. The calculations of the net asset value per Share and the daily income of each Portfolio shall be made at the time or times described from time to time in the Prospectus. Each Fund acknowledges that, in keeping the books of account of the Portfolio and/or making the calculations described herein with respect to Portfolio property released and delivered pursuant to Section 2.2(14), or purchased pursuant to Section 2.6(7) hereof, the Custodian is authorized and instructed to rely upon information provided to it by the Fund, the Fund’s counterparty(ies), or the agents of either of them.

  • Direction as to Eligible Foreign Custodian Notwithstanding this Delegation Schedule, the Fund, acting through its Board, its Investment Advisor or its other Authorized Representative, may direct the Delegate to place and maintain the Fund's Assets with a particular Eligible Foreign Custodian, including without limitation with respect to investment in countries as to which the Custodian will not provide delegation services. In such event, the Delegate shall be entitled to rely on any such instruction as an Instruction under the terms of the Custodian Agreement and shall have no duties under this Delegation Schedule with respect to such arrangement save those that it may undertake specifically in writing with respect to each particular instance.

  • Certain Representations; Reservation and Availability of Shares of Common Stock or Cash (a) This Agreement has been duly authorized, executed and delivered by the Company and, assuming due authorization, execution and delivery hereof by the Warrant Agent, constitutes a valid and legally binding obligation of the Company enforceable against the Company in accordance with its terms, and the Warrants have been duly authorized, executed and issued by the Company and, assuming due authentication thereof by the Warrant Agent pursuant hereto and payment therefor by the Holders as provided in the Registration Statement, constitute valid and legally binding obligations of the Company enforceable against the Company in accordance with their terms and entitled to the benefits hereof; in each case except as enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium and other similar laws relating to or affecting creditors’ rights generally or by general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at law).

  • Maintenance of Securities and Cash at Bank and Subcustodian Locations Unless Instructions specifically require another location acceptable to the Bank:

  • Nondiscretionary Details The Custodian shall attend to all nondiscretionary details in connection with the sale or purchase or other administration of Investments, except as otherwise directed by an Instruction.

  • Compensation of Custodian The Custodian shall be entitled to reasonable compensation for its services and expenses as Custodian, as agreed upon from time to time between the Fund and the Custodian.

  • Proceeds to be Turned Over To Administrative Agent In addition to the rights of the Administrative Agent and the Lenders specified in Section 6.1 with respect to payments of Receivables, if an Event of Default shall occur and be continuing, all Proceeds received by any Grantor consisting of cash, checks and other near-cash items shall be held by such Grantor in trust for the Administrative Agent and the Lenders, segregated from other funds of such Grantor, and shall, forthwith upon receipt by such Grantor, be turned over to the Administrative Agent in the exact form received by such Grantor (duly indorsed by such Grantor to the Administrative Agent, if required). All Proceeds received by the Administrative Agent hereunder shall be held by the Administrative Agent in a Collateral Account maintained under its sole dominion and control. All Proceeds while held by the Administrative Agent in a Collateral Account (or by such Grantor in trust for the Administrative Agent and the Lenders) shall continue to be held as collateral security for all the Obligations and shall not constitute payment thereof until applied as provided in Section 6.5.

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