Delivery Failures. In case of the sale of any security, commodity, or other property by the BNPP Entities at the direction of Customer and the BNPP Entities’ inability to deliver the same to the purchaser by reason of failure of Customer to supply the BNPP Entities therewith, Customer authorizes the BNPP Entities to borrow or purchase any such security, commodity, or other property necessary to make delivery thereof. Customer hereby agrees to be responsible for any cost, expense or loss which the BNPP Entities may sustain thereby.
Appears in 28 contracts
Samples: u.s. Prime Brokerage Agreement, Prime Brokerage Agreement, u.s. Pb Agreement (Muzinich BDC, Inc.)
Delivery Failures. In case of the sale of any security, commodity, or other property by the BNPP Entities at the direction of Customer and the BNPP Entities’ inability to deliver the same to the purchaser by reason of failure of Customer to supply the BNPP Entities therewith, Customer authorizes the BNPP Entities to borrow or purchase any such security, commodity, or other property necessary to make delivery thereof. Customer hereby agrees to be responsible for any reasonable and documented cost, expense or loss which the BNPP Entities may sustain thereby.
Appears in 5 contracts
Samples: BNPP Ny Lending Agreement (Highland Global Allocation Fund), Lending Agreement (Highland Funds Ii), u.s. Pb Agreement (Nexpoint Real Estate Strategies Fund)
Delivery Failures. In case of the sale of any security, commodity, commodity or other property by the BNPP Entities at the direction of Customer and the BNPP Entities’ inability to deliver the same to the purchaser by reason of failure of Customer to supply the BNPP Entities therewith, Customer authorizes the BNPP Entities to borrow or purchase any such security, commodity, commodity or other property necessary to make delivery thereof. Customer hereby agrees to be responsible for any cost, expense or loss which the BNPP Entities may sustain thereby.
Appears in 4 contracts
Samples: u.s. Pb Agreement (Alpine Global Premier Properties Fund), BNPP Ny Lending Agreement (Alpine Series Trust), BNPP Ny Lending Agreement (Alpine Income Trust)
Delivery Failures. In case of the sale of any security, commodity, or other property by the BNPP Entities at the direction of Customer and the BNPP Entities’ inability to deliver the same to the purchaser by reason of failure of Customer to supply the BNPP Entities therewith, Customer authorizes the BNPP Entities to borrow or purchase any such security, commodity, or other property to the extent necessary to make delivery thereof. Customer hereby agrees to be responsible for any cost, expense or loss which the BNPP Entities may actually sustain thereby.
Appears in 2 contracts
Samples: u.s. Pb Agreement (Fiduciary/Claymore Energy Infrastructure Fund), u.s. Pb Agreement (Guggenheim Strategic Opportunities Fund)
Delivery Failures. In case of the sale of any security, commodity, or other property by the BNPP Entities at the direction of Customer and the BNPP Entities’ ' inability to deliver the same to the purchaser by reason of failure of Customer to supply the BNPP Entities therewith, Customer authorizes the BNPP Entities to borrow or purchase any such security, commodity, or other property necessary to make delivery thereof. Customer hereby agrees to be responsible for any cost, expense or loss which the BNPP Entities may sustain thereby.
Appears in 1 contract
Samples: Pb Agreement (Guggenheim Enhanced Equity Income Fund (F/K/a Old Mutual/Claymore Long-Short Fund))
Delivery Failures. In case of the sale of any security, commodity, or other property by the BNPP Entities at the direction of Customer and the BNPP Entities’ ' inability to deliver the same to the purchaser by reason of failure of Customer to supply the BNPP Entities therewith, Customer authorizes the BNPP Entities to borrow or purchase any such security, commodity, or other property to the extent necessary to make delivery thereof. Customer hereby agrees to be responsible for any cost, expense or loss which the BNPP Entities may actually sustain thereby.
Appears in 1 contract
Samples: u.s. Pb Agreement (Guggenheim Credit Allocation Fund)
Delivery Failures. In case of the sale of any security, . commodity, or other property by the BNPP Entities at the direction of Customer and the BNPP Entities’ inability to deliver the same to the purchaser by reason of failure of Customer to supply the BNPP Entities therewith, . Customer authorizes the BNPP Entities to borrow or purchase any such security, commodity, or other property to the extent necessary to make delivery thereof. Customer hereby agrees to be responsible for any cost, expense or loss which the BNPP Entities may actually sustain thereby.
Appears in 1 contract
Samples: u.s. Pb Agreement (Guggenheim Credit Allocation Fund)
