Common use of Eligible Securities Clause in Contracts

Eligible Securities. (a) Positions in the following eligible equity and fixed income security types ("ELIGIBLE SECURITIES") are covered under the Committed Facility Agreement: i. common stock traded on the following U.S. exchanges: the New York Stock Exchange, NASDAQ, NYSE Arca, and NYSE MKT; ii. non-USD common stock, provided such stock is (A) listed in the FTSE All-World Index, (B) traded on a major exchange in one of the following countries: Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia, or Portugal and (C) denominated in one of the following currencies: CAD, GBP, EUR, JPY, CHF, AUD or SEK; or iii. non-convertible and convertible preferred securities and corporate bonds denominated in USD, provided such securities are issued by an issuer incorporated in one of the following countries: USA, Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia, or Portugal. (b) Notwithstanding the foregoing, the following will not be part of the collateral commitment and shall have no collateral value: i. any security type not covered above, as determined by PBL in its sole discretion; ii. any short security position; iii. any security offered through a private placement or any restricted securities; iv. any security that is not maintained as a book-entry security on a major depository, such as The Depository Trust Company, Euroclear, or Clearstream; v. any securities that are municipal securities, asset-backed securities, mortgage securities or Structured Securities (notwithstanding the fact that such securities would otherwise be covered); vi. to the extent 20% of the Eligible Collateral's Current Market Value consists of non-investment grade corporate bonds and/or preferred securities (for the avoidance of doubt, unrated securities are considered to be non-investment grade), any non-investment grade corporate bonds and preferred securities in excess of such 20%; and vii. to the extent 30% of the Eligible Collateral's Current Market Value consists of non-USD securities (whether common stock, preferred securities, or corporate bonds), any non-USD securities in excess of such 30%.

Appears in 2 contracts

Samples: Committed Facility Agreement (First Trust New Opportunities MLP & Energy Fund), Committed Facility Agreement (First Trust Energy Income & Growth Fund)

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Eligible Securities. (a) Positions in the following eligible equity and fixed income security types ("ELIGIBLE SECURITIES") are covered under the Committed Facility Agreement: i. common stock traded on the following U.S. exchanges: the New York Stock Exchange, NASDAQ, NYSE ArcaArea, and NYSE MKT; ii. non-USD common stock, provided such stock is (A) listed in the FTSE All-World Index, (B) traded on a major exchange in one of the following countries: Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia, or Portugal and (C) denominated in one of the following currencies: CAD, GBP, EUR, JPY, CHF, AUD or SEK; or iii. non-convertible and convertible preferred securities and corporate bonds denominated in USD, provided such securities are issued by an issuer incorporated in one of the following countries: USA, Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia, or Portugal. (b) Notwithstanding the foregoing, the following will not be part of the collateral commitment and shall have no collateral value: i. any security type not covered above, as determined by PBL in its sole discretion; ii. any short security position; iii. any security offered through a private placement or any restricted securities; iv. any security that is not maintained as a book-entry security on a major depository, such as The Depository Trust Company, Euroclear, or Clearstream; v. any securities that are municipal securities, asset-backed securities, mortgage securities or Structured Securities (notwithstanding the fact that such securities would otherwise be covered); vi. to the extent 20% of the Eligible Collateral's Current Market Value consists of non-investment grade corporate bonds and/or preferred securities (for the avoidance of doubt, unrated securities are considered to be non-investment grade), any non-investment grade corporate bonds and preferred securities in excess of such 20%; : and vii. to the extent 30% of the Eligible Elig ible Collateral's Current Market Value consists of non-USD securities (whether common stock, preferred securities, or corporate bonds), any non-USD securities in excess of such 30%.

Appears in 1 contract

Samples: Committed Facility Agreement (First Trust Energy Income & Growth Fund)

Eligible Securities. (a) Positions in the following eligible equity and fixed income security types ("ELIGIBLE SECURITIES"“Eligible Securities”, which term shall exclude any securities described in Section 2(b)) are covered under the Committed Facility Agreement: i. USD common stock traded on the following U.S. exchanges: the New York Stock Exchange, NASDAQ, NYSE Arca, Arca and NYSE MKTAmex Equities; ii. convertible and non-convertible corporate debt securities or preferred securities, provided that such securities are (A) issued by an issuer incorporated in one of the following countries: USA, Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia or Portugal and (B) denominated in USD, CAD or EUR; iii. Treasury Securities; or iv. non-USD common stock, provided such stock is (A) listed in the FTSE All-World Index, (B) traded on a major exchange in one of the following countries: Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia, Sweden or Portugal and (C) denominated in one of the following currencies: CAD, GBP, EUR, JPY, CHF, AUD or SEK; or iii. non-convertible and convertible preferred securities and corporate bonds denominated in USD, provided such securities are issued by an issuer incorporated in one of the following countries: USA, Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia, or Portugal. (b) Notwithstanding the foregoing, the following will not be part of the collateral commitment and shall have no collateral value: i. any security type not covered above, as determined by PBL BNPP PB, Inc. in its sole discretion; ii. any short security position; iii. any security offered through a private placement or any restricted securities; provided that a convertible or non-convertible corporate debt security that is eligible for resale pursuant to Rule 144A under the Securities Act of 1933, as amended, shall not be deemed restricted for this purpose; iv. any security that is not maintained as a book-entry security on a major depository, such as The Depository Trust Company, Euroclear, Euroclear or Clearstream; v. any securities that are municipal securities, asset-backed securities, mortgage securities or securities, Structured Securities or capital contingent convertible bonds (notwithstanding the fact that such securities would otherwise be covered); vi. any security where Customer or Customer’s Advisor (i) is an Affiliate of the Issuer of the relevant equity securities or (ii) beneficially owns more than 9% of either (a) the voting interests of the Issuer or (b) any voting class of equity securities of the Issuer (in each case, whether such positions are held in accounts established pursuant to the 40 Act Financing Agreements or otherwise). For the avoidance of doubt, for purposes of determining beneficial ownership, any convertible debt of preferred debt shall be treated as converted; vii. to the extent 20that the Gross Market Value of non-USD-denominated Positions exceeds 50% of the Eligible Collateral's Current Portfolio Gross Market Value, any such securities in excess of such 50% (and BNPP PB, Inc. shall determine in its sole discretion which specific securities shall be considered to be in excess of 50%); viii. to the extent that the Gross Market Value consists of the aggregate of convertible and non-investment grade convertible corporate bonds debt securities and/or preferred securities denominated in CAD exceeds 20% or more of the Portfolio Gross Market Value, any convertible and non-convertible corporate debt securities and/or preferred securities denominated in CAD in excess of such 20% (and BNPP PB, Inc. shall determine in its sole discretion which specific securities shall be considered to be in excess of 20%); ix. any equity security of an Issuer with a market capitalization of less than USD $300,000,000; x. any Debt Security which (i) trades below 40% of its nominal value or (ii) is greater than 10% of the Issue Size; xi. any Debt Security whose outstanding issuance, calculated pursuant to its face value, is less than USD $75,000,000; xii. to the extent that the Gross Market Value of any Debt Securities with an outstanding issuance, calculated pursuant to its face value, between USD $75,000,000 and USD $150,000,000 exceeds 10% of the Portfolio Gross Market Value, any Debt Securities in excess of such 10% (and BNPP PB, Inc. shall determine in its sole discretion which specific securities shall be considered to be in excess of 10%); xiii. any Positions with a long-term debt rating below CCC- by S&P or below Caa3 by Moody’s or that have defaulted (excluding, for the avoidance of doubt, unrated securities are considered securities); xiv. any Positions with Days of Trading Volume equal to be non-investment grade), any non-investment grade corporate bonds and preferred securities in excess of such 20%or greater than 4; and viixv. any Positions with Equity Volatility equal to the extent 30% of the Eligible Collateral's Current Market Value consists of non-USD securities (whether common stock, preferred securities, or corporate bonds), any non-USD securities in excess of such 30greater than 100%.

Appears in 1 contract

Samples: Committed Facility Agreement (FS Energy & Power Fund)

Eligible Securities. (a) Positions in the following eligible equity and fixed income security types ("ELIGIBLE SECURITIES"“Eligible Securities”) are covered under the Committed Facility Agreement: i. USD denominated common stock traded on the following U.S. exchanges: the New York Stock Exchange, NASDAQ, NYSE Arca, and NYSE MKTAmex Equities; ii. convertible and non-convertible preferred securities and corporate bonds denominated in USD; provided such securities are issued by an issuer incorporated in one of the following countries: USA, Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia or Portugal; iii. non-USD common stock, provided such stock is (A) listed in the FTSE All-World Index, (B) traded on a major exchange in one of the following countries: Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia, or Portugal and (C) denominated in one of the following currencies: CAD, GBP, EUR, CHF, JPY, CHF, AUD or SEK; orand iiiiv. non-convertible and convertible preferred securities and corporate bonds denominated in USD, provided such securities are issued by an issuer incorporated in one of the following countries: USA, Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia, or PortugalU.S. Government Securities. (b) Notwithstanding the foregoing, the following will not be part of the collateral commitment and shall have no collateral value: i. any security type not covered above, as determined by PBL BNPP PB, Inc. in its sole discretion; ii. any short security position; iii. any security offered through a private placement or any restricted securities; iv. any security (besides U.S. Government Securities) that is not maintained as a book-entry security on a major depository, such as The Depository Trust Company, Euroclear, or Clearstream; v. any equity securities for which Customer (A) is an Affiliate of the issuer of the relevant equity securities or (B) beneficially owns more than 9% of either (I) the voting interests of the issuer or (II) any voting class of equity securities of the issuer (in each case, whether such positions are held in accounts established pursuant to the 40 Act Financing Agreements or otherwise); vi. any securities that are municipal securities, asset-backed securities, mortgage securities securities, or Structured Securities (notwithstanding the fact that such securities would otherwise be covered); vivii. to the extent 2030% of the Eligible Collateral's ’s Current Market Value consists of non-investment grade corporate bonds and/or preferred securities (for the avoidance of doubt, unrated securities are considered to be non-investment grade), any non-investment grade corporate bonds and preferred securities in excess of such 2030%; andor viiviii. to the extent 3050% of the Eligible Collateral's ’s Current Market Value consists of securities denominated in any non-USD securities (whether common stock, preferred securities, or corporate bonds)currency, any non-USD USD-denominated securities in excess of such 3050%.

Appears in 1 contract

Samples: Committed Facility Agreement (Reaves Utility Income Fund)

Eligible Securities. (a) Positions in the following eligible equity and fixed income security types ("ELIGIBLE SECURITIES"“Eligible Securities”, which term shall exclude any securities described in Section 2(b)) are covered under the Committed Facility Agreement: i. USD common stock traded on the following U.S. exchanges: the New York Stock Exchange, NASDAQ, NYSE Arca, and NYSE MKT;Amex Equities; or ii. USD and non-USD common stock, provided such stock is (A) listed in the FTSE All-World Index, (B) traded on a major exchange in one of the following countries: Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia, Australia or Portugal and (C) denominated in one of the following currencies: USD, CAD, GBP, EUR, JPY, CHF, AUD AUD, SEK, NOK, DKK, HKD1, SGD or SEK; or iii. non-convertible and convertible preferred securities and corporate bonds denominated in USD, provided such securities are issued by an issuer incorporated in one of the following countries: USA, Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia, or PortugalZAR. (b) Notwithstanding the foregoing, the following will not be part of the collateral commitment and shall have no collateral value: i. any security type not covered above, as determined by PBL BNPP PB, Inc. in its sole discretion; ii. any short security position; iii. any security offered through a private placement or any restricted securities; iv. any security that is not maintained as a book-entry security on a major depository, such as The Depository Trust Company, Euroclear, or Clearstream; v. any securities that are debt securities, municipal securities, asset-backed securities, mortgage securities securities, or Structured Securities (notwithstanding the fact that such securities would otherwise be covered); 1 Subject to confirmation from State Street that HKD securities shall be held in an Omnibus account vi. any security where Customer or Customer’s Advisor (A) is an Affiliate of the Issuer of the relevant equity securities or (ii) beneficially owns more than 9% of either (a) the voting interests of the Issuer or (b) any voting class of equity securities of the Issuer (in each case, whether such positions are held in accounts established pursuant to the extent 20% of the Eligible Collateral's Current Market Value consists of non-investment grade corporate bonds and/or preferred securities (for 40 Act Financing Agreements or otherwise). For the avoidance of doubt, unrated securities are considered to be non-investment grade)for purposes of determining beneficial ownership, any non-investment grade corporate bonds and convertible debt of preferred securities in excess of such 20%; and vii. to the extent 30% of the Eligible Collateral's Current Market Value consists of non-USD securities (whether common stock, preferred securities, or corporate bonds), any non-USD securities in excess of such 30%.debt shall be treated as converted;

Appears in 1 contract

Samples: Committed Facility Agreement (Royce Value Trust, Inc.)

Eligible Securities. (a) Positions in the following eligible equity and fixed income security types ("ELIGIBLE SECURITIES"“Eligible Securities”, which term shall exclude any securities described in Section 2(b)) are covered under the Committed Facility Agreement: i. a. USD common stock and equity securities (including equity interests in limited liability companies and limited liability partnerships) traded on the following U.S. exchanges: the New York Stock Exchange, NASDAQ, NYSE Arca, and NYSE MKTAmex Equities; ii. non-USD common stock, provided such stock is (A) listed in the FTSE All-World Index, (B) traded on a major exchange in one of the following countries: Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia, or Portugal b. convertible and (C) denominated in one of the following currencies: CAD, GBP, EUR, JPY, CHF, AUD or SEK; or iii. non-convertible and convertible corporate debt securities or preferred securities and corporate bonds denominated in USDsecurities, provided such securities are (A) issued by an issuer incorporated in one of the following countries: USA, Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia, Portugal, Bahamas, Bermuda, the British Virgin Islands, the Cayman Islands, the Channel Islands or Portugalthe Netherlands Antilles, and (B) any such securities be denominated in USD, CAD or EUR; c. Treasury Securities; or d. non-USD common stock, provided such stock is (A) listed in the FTSE World Index, (B) traded on a major exchange in one of the following countries: Canada, United Kingdom, France, Germany, Switzerland, Sweden, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia or Portugal and (C) denominated in one of the following currencies: CAD, GBP, EUR, JPY, CHF, AUD or SEK. (b) Notwithstanding the foregoing, the following will not be part of the collateral commitment and shall have no collateral value: i. a. any security type not covered above, as determined by PBL in its sole discretion; ii. b. any short security position; iii. c. any security offered through a private placement or any restricted securities, provided that a convertible or non-convertible corporate debt security that is eligible for resale pursuant to Rule 144A under the Securities Act of 1933, as amended, shall not be deemed restricted for this purpose; iv. d. any security that is not maintained as a book-entry security on a major depository, such as The Depository Trust Company, Euroclear, Euroclear or Clearstream; v. e. any securities that are municipal securitiesMunicipal Securities, asset-backed securities, mortgage securities or securities, Structured Securities or capital contingent convertible bonds (notwithstanding the fact that such securities would otherwise be covered); vif. any security where Customer or Customer’s Advisor (i) is an Affiliate of the Issuer of the relevant equity securities or (ii) beneficially owns more than 9% of either (a) the voting interests of the Issuer or (b) any voting class of equity securities of the Issuer (in each case, whether such positions are held in accounts established pursuant to the 40 Act Financing Agreements or otherwise). For the avoidance of doubt, for purposes of determining beneficial ownership, any convertible debt of preferred debt shall be treated as converted; g. to the extent 20that the Gross Market Value of non-USD-denominated Positions exceeds 50% of the Eligible Collateral's Current Portfolio Gross Market Value, any such securities in excess of such 50% (and PBL shall determine in its sole discretion which specific securities shall be considered to be in excess of 50%); i. any equity security with a market capitalization of less than USD $100,000,000, to the extent that the Gross Market Value consists of nonsuch security, together with the Gross Market Value of all other securities of Issuers with respective market capitalizations of less than USD $200,000,000 would comprise more than 10% of the Portfolio Gross Market Value; ii. any Debt Security which (i) trades below 40% of its nominal value or (ii) is greater than 10% of the Issue Size; iii. any Positions with a long-investment grade corporate bonds and/or preferred securities term debt rating below CCC- by S&P or below Caa3 by Xxxxx’x or defaulted (excluding, for the avoidance of doubt, unrated securities are considered securities); iv. any Positions with Days of Trading Volume equal to be non-investment grade), any non-investment grade corporate bonds and preferred securities in excess of such 20%or greater than 4; and vii. a. any Positions with Equity Volatility equal to the extent 30% of the Eligible Collateral's Current Market Value consists of non-USD securities (whether common stock, preferred securities, or corporate bonds), any non-USD securities in excess of such 30greater than 100%.

Appears in 1 contract

Samples: Committed Facility Agreement (Pathway Energy Infrastructure Fund, Inc.)

Eligible Securities. (a) Positions in the following eligible equity and fixed income security types ("ELIGIBLE SECURITIESEligible Securities") are covered under the Committed Facility Agreement: i. USD common stock traded on the following U.S. exchanges: the New York Stock Exchange, NASDAQ, NYSE Arca, and NYSE MKTor the American Stock Exchange; ii. non-USD common stock, provided such stock is (A) listed in the FTSE All-World Index, (B) traded on a major exchange in one of the following countries: Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia, or Portugal and (C) denominated in one of the following currencies: CAD, GBP, EUR, JPY, CHF, AUD or SEK; or iii. non-convertible and convertible preferred securities and corporate bonds denominated in USD, provided such securities are issued by an issuer incorporated in one of the following countries: USA, Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, Xxx Xxxxxxxxxxx, Xxxxxxx, Xxxxxxx, Xxxxx, Xxxxxxxxx, Xxxx Xxxx, Xxxxxxxx; or iii. non-USD common stock, provided such stock is (A) listed in the FTSE World Index, (B) traded on a major exchange in one of the following countries: Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia, Hong Kong or PortugalPortugal and (C) denominated in one of the following currencies: CAD, GBP, EUR, JPY, CHF, AUD, HKD or SEK. (b) Notwithstanding the foregoing, the following will not be part of the collateral commitment and shall have no collateral value: i. any security type not covered above, as determined by PBL BNPP PB, Inc. in its sole discretion; ii. any short security position; iii. any security offered through a private placement or any restricted securitiessecurities (excluding, for the purposes of this subclause, corporate debt or preferred securities offered under Rule 144A of the Securities Act of 1933, as amended); iv. any security that is not maintained as a book-entry security on a major depository, such as The Depository Trust Company, Euroclear, or Clearstream; v. any securities that are municipal securities, asset-backed securities, mortgage securities securities, or Structured Securities (notwithstanding the fact that such securities would otherwise be covered); vi. to the extent 2035% of the Eligible Collateral's Securities' Current Market Value consists of non-investment grade corporate bonds and/or preferred securities (for the avoidance of doubt, unrated securities are considered to be non-investment grade), any non-investment grade corporate bonds and preferred securities in excess of such 2035%; and; vii. to the extent 3035% of the Eligible Collateral's Securities' Current Market Value consists of non-USD securities (whether common stock, preferred securities, or corporate bonds), any non-USD securities in excess of such 3035%; viii. to the extent 10% of the Eligible Securities' Current Market Value consists of HKD-denominated common stock, any HKD-denominated common stock in excess of such 10%; and ix. To the extent 10% of the Eligible Securities' Current Market Value consists of common stock, non-convertible and convertible preferred securities or non-convertible and convertible corporate bonds, and such securities are issued by an issuer incorporated in Hong Kong or Portugal, any such securities in excess of such 10%.

Appears in 1 contract

Samples: Committed Facility Agreement (Guggenheim Enhanced Equity Income Fund (F/K/a Old Mutual/Claymore Long-Short Fund))

Eligible Securities. (a) Positions in the following eligible equity and fixed income security types ("ELIGIBLE SECURITIES"“Eligible Securities”, which term shall exclude any securities described in Section 2(b)) are covered under the Committed Facility Agreement: i. USD common stock traded on the following U.S. exchanges: the New York Stock Exchange, NASDAQ, NYSE Arca, Arca and NYSE MKTAmex Equities; ii. corporate debt securities or preferred securities, provided that such securities are (A) issued by an issuer incorporated in one of the following countries: USA, Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia, Sweden or Portugal and (B) denominated in USD, CAD or EUR; iii. Treasury Securities; or iv. non-USD common stock, provided such stock is (A) listed in the FTSE All-World Index, (B) traded on a major exchange in one of the following countries: Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia, Sweden or Portugal and (C) denominated in one of the following currencies: CAD, GBP, EUR, JPY, CHF, AUD or SEK; or iii. non-convertible and convertible preferred securities and corporate bonds denominated in USD, provided such securities are issued by an issuer incorporated in one of the following countries: USA, Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia, or Portugal. (b) Notwithstanding the foregoing, the following will not be part of the collateral commitment and shall have no collateral value: i. any security type not covered above, as determined by PBL BNPP PB, Inc. in its sole discretion; ii. any short security position; iii. any security offered through a private placement or any restricted securities; provided that a non-convertible corporate debt security that is eligible for resale pursuant to Rule 144A under the Securities Act of 1933, as amended, shall not be deemed restricted for this purpose; iv. any security that is not maintained as a book-entry security on a major depository, such as The Depository Trust Company, Euroclear, Euroclear or Clearstream; v. any securities that are municipal securities, asset-backed securities, mortgage securities or securities, Structured Securities or capital contingent convertible bonds (notwithstanding the fact that such securities would otherwise be covered); vi. any security where Customer or Customer’s Advisor (i) is an Affiliate of the Issuer of the relevant equity securities or (ii) beneficially owns more than 9% of either (a) the voting interests of the Issuer or (b) any voting class of equity securities of the Issuer (in each case, whether such positions are held in accounts established pursuant to the 40 Act Financing Agreements or otherwise); vii. to the extent 20that the Gross Market Value of non-USD-denominated Positions exceeds 50% of the Eligible Collateral's Current Portfolio Gross Market Value, any such securities in excess of such 50% (and BNPP PB, Inc. shall determine in its sole discretion which specific securities shall be considered to be in excess of 50%); viii. to the extent that the Gross Market Value consists of nonthe aggregate of Positions denominated in CAD exceeds 20% or more of the Portfolio Gross Market Value, any Positions denominated in CAD in excess of such 20% (and BNPP PB, Inc. shall determine in its sole discretion which specific securities shall be considered to be in excess of 20%); ix. any equity security of an Issuer with a market capitalization of less than USD $300,000,000; x. any Debt Security which (i) trades below 40% of its nominal value or (ii) is greater than 10% of the Issue Size; xi. any Debt Security whose outstanding issuance, calculated pursuant to its Face Value, is less than USD $75,000,000; xii. to the extent that the Gross Market Value of any Debt Securities with an outstanding issuance, calculated pursuant to its Face Value, between USD $75,000,000 and USD $150,000,000 exceeds 10% of the Portfolio Gross Market Value, any Debt Securities in excess of such 10% (and BNPP PB, Inc. shall determine in its sole discretion which specific securities shall be considered to be in excess of 10%); xiii. any Positions with a long-investment grade corporate bonds and/or preferred securities term debt rating below CCC- by S&P or below Caa3 by Moody’s or that have defaulted (excluding, for the avoidance of doubt, unrated securities); xiv. any Positions with Days of Trading Volume equal to or greater than 4; xv. any Positions with Equity Volatility equal to or greater than 100%; and xvi. to the extent that the Gross Market Value of Positions in any industry sector (as defined by Bloomberg) exceeds 20% of the Portfolio Gross Market Value, any Positions in excess of such 20% (and BNPP PB, Inc. shall determine in its sole discretion which specific securities are shall be considered to be non-investment grade), any non-investment grade corporate bonds and preferred securities in excess of such 20%; and vii. to the extent 30% of the Eligible Collateral's Current Market Value consists of non-USD securities (whether common stock, preferred securities, or corporate bonds), any non-USD securities in excess of such 30%.

Appears in 1 contract

Samples: Committed Facility Agreement (FS Global Credit Opportunities Fund-D)

Eligible Securities. (a) Positions in the following eligible equity and fixed income security types ("ELIGIBLE SECURITIES"“Eligible Securities”, which term shall exclude any securities described in Section 2(b)) are covered under the Committed Facility Agreement: i. common stock traded on the following U.S. exchanges: the New York Stock Exchange, NASDAQ, NYSE Arca, and NYSE MKT; ii. non-USD common stock, provided such stock is (A) listed in the FTSE All-World Index, (B) traded on a major exchange in one of the following countries: Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia, or Portugal and (C) denominated in one of the following currencies: CAD, GBP, EUR, JPY, CHF, AUD or SEK; or iii. non-convertible and convertible corporate debt securities or preferred securities and corporate bonds denominated in USDsecurities, provided such securities (A) are issued by an issuer incorporated in one of the following countries: USAAustralia, Austria, Belgium, Canada, United KingdomDenmark, Finland, France, Germany, SwitzerlandGreece, AustriaIreland, Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway, Portugal, Spain, ItalySweden, The NetherlandsSwitzerland, FinlandUnited Kingdom, BelgiumUnited States, Japan(B) are denominated in USD, Australiaand (C) are capable of being valued by BNPP PB, Inc. on a daily basis based on internal or Portugalexternal pricing sources. (b) Notwithstanding the foregoing, the following will not be part of the collateral commitment and shall have no collateral value:value (and for the avoidance of doubt, shall be excluded from the Portfolio Gross Market Value for purposes of calculating the Collateral Requirements hereunder): i. any security type not covered above, as determined by PBL BNPP PB, Inc. in its sole discretion; ii. any short security position; iii. any security offered through a private placement or any restricted securities, except Rule 144A securities related to Debt Securities; iv. any security that is not maintained as a book-entry security on a major depository, such as The Depository Trust Company, Euroclear, or Clearstream; v. any securities that are municipal securities, asset-backed securities, mortgage securities securities, Payment-in-Kind Securities or Structured Securities (notwithstanding the fact that such securities would otherwise be covered); vi. any Debt Security Position which has a Current Market Value that is greater than 35% of the Issue Size; vii. any Debt Security which was initially sold as part of an issuance of less than $50,000,000, as determined by BNPP PB, Inc.; viii. any Positions with a long-term debt rating below CCC- by S&P or below Caa3 by Xxxxx’x; ix. any Debt Security that is a defaulted Debt Security; and x. to the extent 20% of that the Eligible Collateral's Current Gross Market Value consists of nonall positions with a long-investment grade corporate bonds and/or preferred securities term debt rating of CCC+, CCC or CCC- by S&P or Caa1, Caa2 or Caa3 by Xxxxx’x (excluding, for the avoidance of doubt, unrated securities are considered to be non-investment gradesecurities), exceeds 35% of the Portfolio Gross Market Value, any non-investment grade corporate bonds and preferred securities Positions in excess of such 20%; and vii. 35% (and BNPP PB, Inc. shall determine in its sole discretion which specific securities shall be considered to the extent 30% of the Eligible Collateral's Current Market Value consists of non-USD securities (whether common stock, preferred securities, or corporate bonds), any non-USD securities be in excess of such 3035%).

Appears in 1 contract

Samples: Committed Facility Agreement (Corporate Capital Trust, Inc.)

Eligible Securities. (a) Positions in the following eligible equity and fixed income security types ("ELIGIBLE SECURITIES") are Equity Securities covered under the Committed Facility AgreementAgreement (“Eligible Equity Securities”) must: i. (i) be USD common stock traded on the following U.S. exchanges: the New York Stock Exchange, NASDAQNASDAQ Global Select Market, NYSE ArcaNASDAQ Global Market, and NYSE MKTNASDAQ Capital Market, or other exchanges as approved by BNPP PB in its sole discretion; (ii. ) be USD and non-USD common stock, provided such stock is (A) listed in the FTSE All-World Index, (B) traded on a major exchange Major Exchange in one any country listed in Section 2(c) below, and (C) be denominated in a currency listed in Section 2(d) below; (iii) when aggregated with all other positions of the following countries: same Equity Security held by Customer (whether with a BNPP Entity or otherwise), not result in Customer becoming the beneficial owner, directly or indirectly, of more than eight (8) percent of the outstanding shares of such Equity Security; (iv) have a share price greater than USD 2 per share; (v) have a current market capitalization of at least USD 300 million; and (vi) be eligible to be deposited with the Depository Trust Company. (b) Debt Securities covered under the Agreement (“Eligible Debt Securities”) must: (i) be convertible and non-convertible corporate debt securities or preferred securities or sovereign debt securities provided that such securities are (A) have a country of risk, as determined by BNPP PB in its sole discretion, listed among those in Section 2(c) below, and (C) be denominated in any of the currencies listed in Section 2(d) below; (ii) be eligible to be deposited with the Depository Trust Company, Euroclear or Clearstream; (iii) have an Issue Size Outstanding of at least USD 50 million; (iv) with respect to any aggregate Position in a Debt Security, have a Gross Market Value less than 10% of the Issue Size Outstanding for such Debt Security; and (v) trade above 40% of its par value. (c) Eligible Countries Australia, Austria, Belgium, Canada, United KingdomFinland, France, Germany, SwitzerlandItaly, Austria, Spain, ItalyJapan, The Netherlands, FinlandSpain, BelgiumSweden, JapanSwitzerland, AustraliaUnited Kingdom or United States. (d) Eligible Currencies USD, or Portugal and (C) denominated in one of the following currencies: EUR, CAD, GBP, EUR, JPY, CHF, AUD or SEK; or iii. non-convertible and convertible preferred securities and corporate bonds denominated in USD, provided such securities are issued by an issuer incorporated in one of the following countries: USA, Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia, or Portugal. (be) Notwithstanding the foregoing, the following will not be part of the collateral commitment and shall have no collateral value: i. (i) any security type not covered above, as determined by PBL BNPP PB in its sole discretion; (ii. ) any securities over which the BNPP Entities do not have a first priority perfected security interest, each as determined by the BNPP Entities in its sole discretion; (iii) any securities that are not capable of being valued by BNPP PB on a daily basis based on internal and external pricing sources; (iv) any short security position; iii. (v) any security offered through a private placement or any restricted securities, except Rule 144A securities related to preferred stock and debt securities; iv. (vi) any security that is not maintained as a book-entry security on a major depository, such as The Depository Trust Company, Euroclear, or Clearstream; v. (vii) any securities that are municipal securities, asset-backed securities, mortgage securities securities, or Structured Securities (notwithstanding the fact that such securities would otherwise be covered); vi. (viii) to the extent 20that 50% or more of the Eligible Collateral's Current Market Value consists of non-investment grade corporate bonds and/or preferred securities (for the avoidance of doubt, unrated securities are considered to be non-investment grade), any non-investment grade corporate bonds and preferred securities in excess of such 20%; and vii. to the extent 30% of the Eligible Collateral's Current Market Value eligible equity positions consists of non-USD securities (whether common stock, preferred securities, or corporate bonds), any non-USD securities such positions in excess of such 30%50% shall be ineligible; (ix) to the extent that the Gross Market Value of positions in subordinated bonds exceeds 10% of the eligible portfolio Gross Market Value, BNPP PB will in its own discretion identify some of the subordinated bonds as ineligible so that the Gross Market Value of eligible positions in subordinated bonds is no greater than 10% of eligible portfolio Gross Market Value; and (x) to the extent that the Gross Market Value of positions in Tier 1 Capital (Capital Contingent) bonds exceeds 10% of the eligible portfolio Gross Market Value, BNPP PB will in its own discretion identify some of the Tier 1 Capital bonds as ineligible so that the Gross Market Value of eligible positions in Tier 1 Capital bonds is no greater than 10% of eligible portfolio Gross Market Value.

Appears in 1 contract

Samples: Committed Facility Agreement (Abrdn Global Premier Properties Fund)

Eligible Securities. (a) Positions in the following eligible equity and fixed income security types ("ELIGIBLE SECURITIES"“Eligible Securities”, which term shall exclude any securities described in Section 2(b)) are covered under the Committed Facility Agreement: i. USD common stock stock, including MLP units, I-shares and other common equity securities, traded on the following U.S. exchanges: the New York Stock Exchange, NASDAQ, NYSE Arca, and NYSE MKT;Amex Equities; and ii. non-USD common stock, provided such stock is (A) listed in the FTSE All-World Index, (B) traded on a major exchange in one of the following countries: Canada, United Kingdom, France, Germany, Switzerland, Sweden, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, AustraliaAustralia or Portugal, or Portugal and (C) denominated in one of the following currencies: CAD, GBP, EUR, JPY, CHF, AUD AUD, or SEK; or iii. non-convertible and convertible preferred securities and corporate bonds denominated in USD, provided such securities are issued by an issuer incorporated in one of the following countries: USA, Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia, or Portugal. (b) Notwithstanding the foregoing, the following will not be part of the collateral commitment and shall have no collateral value: i. any security type not covered above, as determined by PBL BNPP PB, Inc. in its sole good faith discretion; ii. any short security position; iii. any security offered through a private placement or any restricted securities; iv. any security that is not maintained as a book-entry security on a major depository, such as The Depository Trust Company, Euroclear, or Clearstream; v. any securities that are municipal securities, asset-backed securities, mortgage securities securities, or Structured Securities (notwithstanding the fact that such securities would otherwise be covered); vi. any security where Customer or Customer’s advisor (A) is an Affiliate of the Issuer of the relevant equity securities or (B) beneficially owns more than 9% of either (a) the voting interests of the Issuer or (b) any voting class of equity securities of the Issuer (in each case, whether such positions are held in accounts established pursuant to the extent 20% of the Eligible Collateral's Current Market Value consists of non-investment grade corporate bonds and/or preferred securities (for the avoidance of doubt, unrated securities are considered to be non-investment grade40 Act Financing Agreements or otherwise), any non-investment grade corporate bonds and preferred securities in excess of such 20%; and; vii. to the extent 30% of that the Eligible Collateral's Current Gross Market Value consists of non-USD securities (whether common stock, preferred securities, or corporate bonds)denominated Positions exceeds 50% of the Portfolio Gross Market Value, any non-USD securities denominated Positions in excess of such 3050% (and BNPP PB, Inc. shall determine in its sole discretion which specific securities shall be considered to be in excess of 50%); viii. any security with a market capitalization of less than USD $300,000,000; ix. any Positions with an Issuer Position Concentration equal to or greater than 10%; x. any Positions with Days of Trading Volume equal to or greater than 4; and xi. any Positions with Equity Volatility equal to or greater than 100%.

Appears in 1 contract

Samples: Committed Facility Agreement (Center Coast MLP & Infrastructure Fund)

Eligible Securities. (a) Positions in the following eligible equity and fixed income security types ("ELIGIBLE SECURITIES"“Eligible Securities”, which term shall exclude any securities described in Section 2(b)) are covered under the Committed Facility Agreement: i. USD common stock traded on the following U.S. exchanges: the New York Stock Exchange, NASDAQ, NYSE Arca, Arca and NYSE MKTAmex Equities; ii. corporate debt securities or preferred securities, provided that such securities are (A) issued by an issuer incorporated in one of the following countries: USA, Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia, Sweden or Portugal and (B) denominated in USD, CAD or EUR; iii. Treasury Securities; or iv. non-USD common stock, provided such stock is (A) listed in the FTSE All-World Index, (B) traded on a major exchange in one of the following countries: Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia, Sweden or Portugal and (C) denominated in one of the following currencies: CAD, GBP, EUR, JPY, CHF, AUD or SEK; or iii. non-convertible and convertible preferred securities and corporate bonds denominated in USD, provided such securities are issued by an issuer incorporated in one of the following countries: USA, Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia, or Portugal. (b) Notwithstanding the foregoing, the following will not be part of the collateral commitment and shall have no collateral value: i. any security type not covered above, as determined by PBL BNPP PB in its sole discretion; ii. any short security position; iii. any security offered through a private placement or any restricted securities; provided that a non-convertible corporate debt security that is eligible for resale pursuant to Rule 144A under the Securities Act of 1933, as amended, shall not be deemed restricted for this purpose; iv. any security that is not maintained as a book-entry security on a major depository, such as The Depository Trust Company, Euroclear, Euroclear or Clearstream; v. any securities that are municipal securities, asset-backed securities, mortgage securities or securities, Structured Securities or capital contingent convertible bonds (notwithstanding the fact that such securities would otherwise be covered); vi. any security where Customer or Customer’s Advisor (i) is an Affiliate of the Issuer of the relevant equity securities or (ii) beneficially owns more than 9% of either (a) the voting interests of the Issuer or (b) any voting class of equity securities of the Issuer (in each case, whether such positions are held in accounts established pursuant to the 40 Act Financing Agreements or otherwise); vii. to the extent 20that the Gross Market Value of non-USD-denominated Positions exceeds 50% of the Eligible Collateral's Current Portfolio Gross Market Value, any such securities in excess of such 50% (and BNPP PB shall determine in its sole discretion which specific securities shall be considered to be in excess of 50%); viii. to the extent that the Gross Market Value consists of nonthe aggregate of Positions denominated in CAD exceeds 20% or more of the Portfolio Gross Market Value, any Positions denominated in CAD in excess of such 20% (and BNPP PB shall determine in its sole discretion which specific securities shall be considered to be in excess of 20%); ix. any equity security of an Issuer with a market capitalization of less than USD $300,000,000; x. any Debt Security which (i) trades below 40% of its nominal value or (ii) is greater than 10% of the Issue Size; xi. any Debt Security whose outstanding issuance, calculated pursuant to its Face Value, is less than USD $75,000,000; xii. to the extent that the Gross Market Value of any Debt Securities with an outstanding issuance, calculated pursuant to its Face Value, between USD $75,000,000 and USD $150,000,000 exceeds 10% of the Portfolio Gross Market Value, any Debt Securities in excess of such 10% (and BNPP PB shall determine in its sole discretion which specific securities shall be considered to be in excess of 10%); xiii. any Positions with a long-investment grade corporate bonds and/or preferred securities term debt rating below CCC- by S&P or below Caa3 by Moody’s or that have defaulted (excluding, for the avoidance of doubt, unrated securities); xiv. any Positions with Days of Trading Volume equal to or greater than 4; xv. any Positions with Equity Volatility equal to or greater than 100%; and xvi. to the extent that the Gross Market Value of Positions in any industry sector (as defined by Bloomberg) exceeds 20% of the Portfolio Gross Market Value, any Positions in excess of such 20% (and BNPP PB shall determine in its sole discretion which specific securities are shall be considered to be non-investment grade), any non-investment grade corporate bonds and preferred securities in excess of such 20%; and vii. to the extent 30% of the Eligible Collateral's Current Market Value consists of non-USD securities (whether common stock, preferred securities, or corporate bonds), any non-USD securities in excess of such 30%.

Appears in 1 contract

Samples: Committed Facility Agreement (FS Global Credit Opportunities Fund)

Eligible Securities. (a) Positions in the following eligible equity and fixed income security types ("ELIGIBLE SECURITIES"“Eligible Securities”) are covered under the Committed Facility Agreement: i. USD common stock traded on the following U.S. exchanges: the New York Stock Exchange, NASDAQ, NYSE Arca, and NYSE MKTor the American Stock Exchange; ii. non-USD common stock, provided such stock is (A) listed in the FTSE All-World Index, (B) traded on a major exchange in one of the following countries: Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia, or Portugal convertible and (C) denominated in one of the following currencies: CAD, GBP, EUR, JPY, CHF, AUD or SEK; or iii. non-convertible and convertible corporate debt securities or preferred securities and corporate bonds denominated in USDsecurities, provided that such securities are be issued by an issuer incorporated in one of the following countries: USAAustralia, Austria, Belgium, Canada, United Kingdom, France, Germany, SwitzerlandItaly, AustriaFinland, Spain, ItalyJapan, The Netherlands, FinlandSweden, BelgiumSwitzerland, JapanSpain, AustraliaUnited Kingdom, or Portugal.and USA, and (B) any such securities be denominated in USD; or iii. US Treasury Securities (b) Notwithstanding the foregoing, the following will not be part of the collateral commitment and shall have no collateral value: i. any security type not covered above, as determined by PBL BNPP PB in its sole discretion; ii. any short securities over which BNPP PB does not have a first priority perfected security positioninterest, each as determined by BNPP PB in its sole discretion; iii. any securities that are not capable of being valued by BNPP PB on a daily basis based on internal and external pricing sources iv. any security offered through a private placement or any restricted securities, except Rule 144A securities related to preferred stock and debt securities; iv. v. any security that is not maintained as a book-entry security on a major depository, such as The Depository Trust Company, Euroclear, or Clearstream; v. vi. any securities that are municipal securities, asset-backed securities, mortgage securities securities, or Structured Securities (notwithstanding the fact that such securities would otherwise be covered); vi. to the extent 20% of the Eligible Collateral's Current Market Value consists of non-investment grade corporate bonds and/or preferred securities (for the avoidance of doubt, unrated securities are considered to be non-investment grade), any non-investment grade corporate bonds and preferred securities in excess of such 20%; and vii. to the extent 30% of the Eligible Collateral's Current Market Value consists of non-USD securities (whether common stock, preferred securities, or corporate bonds), any non-USD securities in excess of such 30%.

Appears in 1 contract

Samples: Committed Facility Agreement (Muzinich BDC, Inc.)

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Eligible Securities. (a) Positions in the following eligible equity and fixed income security types ("ELIGIBLE SECURITIES"“Eligible Securities”, which term shall exclude any securities described in Section 2(b)) are covered under the Committed Facility Agreement: i. USD common stock traded on the following U.S. exchanges: the New York Stock Exchange, NASDAQ, NYSE Arca, Arca and NYSE MKTAmex Equities; ii. non-convertible corporate debt securities or preferred securities, provided that such securities are (A) issued by an issuer incorporated in one of the following countries: USA, Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia or Portugal and (B) denominated in USD, CAD or EUR; iii. Treasury Securities; or iv. non-USD common stock, provided such stock is (A) listed in the FTSE All-World Index, (B) traded on a major exchange in one of the following countries: Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia, Sweden or Portugal and (C) denominated in one of the following currencies: CAD, GBP, EUR, JPY, CHF, AUD or SEK; or iii. non-convertible and convertible preferred securities and corporate bonds denominated in USD, provided such securities are issued by an issuer incorporated in one of the following countries: USA, Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia, or Portugal. (b) Notwithstanding the foregoing, the following will not be part of the collateral commitment and shall have no collateral value: i. any security type not covered above, as determined by PBL BNPP PB, Inc. in its sole discretion; ii. any short security position; iii. any security offered through a private placement or any restricted securities; provided that a non-convertible corporate debt security that is eligible for resale pursuant to Rule 144A under the Securities Act of 1933, as amended, shall not be deemed restricted for this purpose; iv. any security that is not maintained as a book-entry security on a major depository, such as The Depository Trust Company, Euroclear, Euroclear or Clearstream; v. any securities that are municipal securities, asset-backed securities, mortgage securities or securities, Structured Securities or capital contingent convertible bonds (notwithstanding the fact that such securities would otherwise be covered); vi. any security where Customer or Customer’s Advisor (i) is an Affiliate of the Issuer of the relevant equity securities or (ii) beneficially owns more than 9% of either (a) the voting interests of the Issuer or (b) any voting class of equity securities of the Issuer (in each case, whether such positions are held in accounts established pursuant to the 40 Act Financing Agreements or otherwise); vii. to the extent 20that the Gross Market Value of non-USD-denominated Positions exceeds 50% of the Eligible Collateral's Current Portfolio Gross Market Value, any such securities in excess of such 50% (and BNPP PB, Inc. shall determine in its sole discretion which specific securities shall be considered to be in excess of 50%); viii. to the extent that the Gross Market Value consists of the aggregate of non-investment grade convertible corporate bonds debt securities and/or preferred securities denominated in CAD exceeds 20% or more of the Portfolio Gross Market Value, any non-convertible corporate debt securities and/or preferred securities denominated in CAD in excess of such 20% (and BNPP PB, Inc. shall determine in its sole discretion which specific securities shall be considered to be in excess of 20%); ix. any equity security of an Issuer with a market capitalization of less than USD $300,000,000; x. any Debt Security which (i) trades below 40% of its nominal value or (ii) is greater than 10% of the Issue Size; xi. any Debt Security whose outstanding issuance, calculated pursuant to its face value, is less than USD $75,000,000; xii. to the extent that the Gross Market Value of any Debt Securities with an outstanding issuance, calculated pursuant to its face value, between USD $75,000,000 and USD $150,000,000 exceeds 10% of the Portfolio Gross Market Value, any Debt Securities in excess of such 10% (and BNPP PB, Inc. shall determine in its sole discretion which specific securities shall be considered to be in excess of 10%); xiii. any Positions with a long-term debt rating below CCC- by S&P or below Caa3 by Moody’s or that have defaulted (excluding, for the avoidance of doubt, unrated securities); xiv. any Positions with Days of Trading Volume equal to or greater than 4; xv. any Positions with Equity Volatility equal to or greater than 100%; and xvi. to the extent that the Gross Market Value of Positions in any industry sector (as defined by Bloomberg) exceeds 20% of the Portfolio Gross Market Value, any Positions in excess of such 20% (and BNPP PB, Inc. shall determine in its sole discretion which specific securities are shall be considered to be non-investment grade), any non-investment grade corporate bonds and preferred securities in excess of such 20%; and vii. to the extent 30% of the Eligible Collateral's Current Market Value consists of non-USD securities (whether common stock, preferred securities, or corporate bonds), any non-USD securities in excess of such 30%.

Appears in 1 contract

Samples: Committed Facility Agreement (FS Investment Corp III)

Eligible Securities. (a) Positions in the following eligible equity and fixed income security types ("ELIGIBLE SECURITIES"“Eligible Securities”) are covered under the Committed Facility Agreement: i. USD common stock traded on the following U.S. exchanges: the New York Stock Exchange, NASDAQ, NYSE Arca, and NYSE MKTor the American Stock Exchange; ii. non-USD common stock, provided such stock is (A) listed in the FTSE All-World Index, (B) traded on a major exchange in one of the following countries: Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia, or Portugal and (C) denominated in one of the following currencies: CAD, GBP, EUR, JPY, CHF, AUD or SEK; or iii. non-convertible and convertible preferred securities and corporate bonds denominated in USD, provided such securities are issued by an issuer incorporated in one of the following countries: USA, Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, Xxx Xxxxxxxxxxx, Xxxxxxx, Xxxxxxx, Xxxxx, Xxxxxxxxx, Xxxx Xxxx, Xxxxxxxx; or iii. non-USD common stock, provided such stock is (A) listed in the FTSE World Index, (B) traded on a major exchange in one of the following countries: Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia, Hong Kong or PortugalPortugal and (C) denominated in one of the following currencies: CAD, GBP, EUR, JPY, CHF, AUD, HKD or SEK. (b) Notwithstanding the foregoing, the following will not be part of the collateral commitment and shall have no collateral value: i. any security type not covered above, as determined by PBL BAL in its sole discretion; ii. any short security position; iii. any security offered through a private placement or any restricted securities; iv. any security that is not maintained as a book-entry security on a major depository, such as The Depository Trust Company, Euroclear, or Clearstream; v. any securities that are municipal securities, asset-backed securities, mortgage securities securities, or Structured Securities (notwithstanding the fact that such securities would otherwise be covered); vi. to the extent 2035% of the Eligible Collateral's Securities’ Current Market Value consists of non-investment grade corporate bonds and/or preferred securities (for the avoidance of doubt, unrated securities are considered to be non-investment grade), any non-investment grade corporate bonds and preferred securities in excess of such 2035%; and; vii. to the extent 3035% of the Eligible Collateral's Securities’ Current Market Value consists of non-USD securities (whether common stock, preferred securities, or corporate bonds), any non-USD securities common stock in excess of such 3035%; and viii. to the extent 10% of the Eligible Securities’ Current Market Value consists of HKD-denominated common stock, any HKD-denominated common stock in excess of such 10%.

Appears in 1 contract

Samples: Committed Facility Agreement (Fiduciary/Claymore MLP Opportunity Fund)

Eligible Securities. (a) Positions in the following eligible equity and fixed income security types ("ELIGIBLE SECURITIES"“Eligible Securities”, which term shall exclude any securities described in Section 2(b)) are covered under the Committed Facility Agreement: i. USD common stock traded on the following U.S. exchanges: the New York Stock Exchange, NASDAQ, NYSE Arca, Arca and NYSE MKTAmex Equities; ii. non-convertible corporate debt securities or preferred securities, provided that such securities are (A) issued by an issuer incorporated in one of the following countries: USA, Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia or Portugal and (B) denominated in USD, CAD or EUR; iii. Treasury Securities; or iv. non-USD common stock, provided such stock is (A) listed in the FTSE All-World Index, (B) traded on a major exchange in one of the following countries: Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia, Sweden or Portugal and (C) denominated in one of the following currencies: CAD, GBP, EUR, JPY, CHF, AUD or SEK; or iii. non-convertible and convertible preferred securities and corporate bonds denominated in USD, provided such securities are issued by an issuer incorporated in one of the following countries: USA, Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia, or Portugal. (b) Notwithstanding the foregoing, the following will not be part of the collateral commitment and shall have no collateral value: i. any security type not covered above, as determined by PBL BNPP PB in its sole discretion; ii. any short security position; iii. any security offered through a private placement or any restricted securities; provided that a non-convertible corporate debt security that is eligible for resale pursuant to Rule 144A under the Securities Act of 1933, as amended, shall not be deemed restricted for this purpose; iv. any security that is not maintained as a book-entry security on a major depository, such as The Depository Trust Company, Euroclear, Euroclear or Clearstream; v. any securities that are municipal securities, asset-backed securities, mortgage securities or securities, Structured Securities or capital contingent convertible bonds (notwithstanding the fact that such securities would otherwise be covered); vi. any security where Customer or Customer’s Advisor (i) is an Affiliate of the Issuer of the relevant equity securities or (ii) beneficially owns more than 9% of either (a) the voting interests of the Issuer or (b) any voting class of equity securities of the Issuer (in each case, whether such positions are held in accounts established pursuant to the 40 Act Financing Agreements or otherwise); vii. to the extent 20that the Gross Market Value of non-USD-denominated Positions exceeds 50% of the Eligible Collateral's Current Portfolio Gross Market Value, any such securities in excess of such 50% (and BNPP PB shall determine in its sole discretion which specific securities shall be considered to be in excess of 50%); viii. to the extent that the Gross Market Value consists of the aggregate of non-investment grade convertible corporate bonds debt securities and/or preferred securities denominated in CAD exceeds 20% or more of the Portfolio Gross Market Value, any non-convertible corporate debt securities and/or preferred securities denominated in CAD in excess of such 20% (and BNPP PB shall determine in its sole discretion which specific securities shall be considered to be in excess of 20%); ix. any equity security of an Issuer with a market capitalization of less than USD $300,000,000; x. any Debt Security which (i) trades below 40% of its nominal value or (ii) is greater than 10% of the Issue Size; xi. any Debt Security whose outstanding issuance, calculated pursuant to its Face Value, is less than USD $75,000,000; xii. to the extent that the Gross Market Value of any Debt Securities with an outstanding issuance, calculated pursuant to its Face Value, between USD $75,000,000 and USD $150,000,000 exceeds 10% of the Portfolio Gross Market Value, any Debt Securities in excess of such 10% (and BNPP PB shall determine in its sole discretion which specific securities shall be considered to be in excess of 10%); xiii. any Positions with a long-term debt rating below CCC- by S&P or below Caa3 by Moody’s or that have defaulted (excluding, for the avoidance of doubt, unrated securities); xiv. any Positions with Days of Trading Volume equal to or greater than 4; xv. any Positions with Equity Volatility equal to or greater than 100%; and xvi. to the extent that the Gross Market Value of Positions in any industry sector (as defined by Bloomberg) exceeds 20% of the Portfolio Gross Market Value, any Positions in excess of such 20% (and BNPP PB shall determine in its sole discretion which specific securities are shall be considered to be non-investment grade), any non-investment grade corporate bonds and preferred securities in excess of such 20%; and vii. to the extent 30% of the Eligible Collateral's Current Market Value consists of non-USD securities (whether common stock, preferred securities, or corporate bonds), any non-USD securities in excess of such 30%.

Appears in 1 contract

Samples: Committed Facility Agreement (FS Investment Corp IV)

Eligible Securities. (a) Positions in the following eligible equity and fixed income security types ("ELIGIBLE SECURITIES") are covered under the Committed Facility Agreement: i. common stock traded on the following U.S. exchanges: the New York Stock Exchange, NASDAQ, NYSE Arca, and NYSE MKT; ii. non-USD common stock, provided such stock is (A) listed in the FTSE All-World Index, (B) traded on a major exchange in one of the following countries: Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia, or Portugal and (C) denominated in one of the following currencies: CAD, GBP, EUR, JPY, CHF, AUD or SEK; or iii. non-convertible and convertible preferred securities and corporate bonds denominated in USD, provided such securities are issued by an issuer incorporated in one of the following countries: USA, Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia, or Portugal. (b) Notwithstanding the foregoing, the following will not be part of the collateral commitment and shall have no collateral value: i. any security type not covered above, as determined by PBL in its sole discretion; ii. any short security position; iii. any security offered through a private placement or any restricted securities; iv. any security that is not maintained as a book-entry security on a major depository, such as The Depository Trust Company, Euroclear, or Clearstream;; 2 v. any securities that are municipal securities, asset-backed securities, mortgage securities or Structured Securities (notwithstanding the fact that such securities would otherwise be covered); vi. to the extent 20% of the Eligible Collateral's Current Market Value consists of non-investment grade corporate bonds and/or preferred securities (for the avoidance of doubt, unrated securities are considered to be non-investment grade), any non-investment grade corporate bonds and preferred securities in excess of such 20%; and vii. to the extent 30% of the Eligible Collateral's Current Market Value consists of non-USD securities (whether common stock, preferred securities, or corporate bonds), any non-USD securities in excess of such 30%.

Appears in 1 contract

Samples: Committed Facility Agreement (First Trust Energy Income & Growth Fund)

Eligible Securities. (a) Positions in the following eligible equity and fixed income debt security types ("ELIGIBLE SECURITIES") are covered eligible collateral under the Committed Facility Agreement:Agreement (“Eligible Securities”): i. common stock or master limited partnership interests (“Equity Securities”) traded on the following U.S. exchanges: the New York Stock Exchange, NASDAQ, NYSE Arca, and NYSE MKTthe American Stock Exchange; ii. non-USD common stockEquity Securities, provided such stock Equity Security is (A) listed in the FTSE All-World Index, (B) traded on a major exchange in one of the following countries: Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia, or Portugal Australia and (C) denominated in one of the following currencies: CAD, GBP, EUR, JPY, CHF, AUD AUD, or SEK; or iii. convertible and non-convertible and convertible preferred securities and corporate bonds denominated in USD, provided that such securities are issued by an issuer incorporated in one of the following countries: USA, Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, or Australia, or Portugal. (b) Notwithstanding the foregoing, the following will not be part of the collateral commitment and shall have no collateral value: i. any security type not covered above, as determined by PBL BNPP PB, Inc. in its sole discretion; ii. any short security position; iii. any security offered through a private placement or any restricted securities, provided that a convertible or non-convertible corporate debt security that is eligible for resale pursuant to Rule 144A under the Securities Act of 1933 shall not be deemed restricted for this purpose; iv. any security that is not maintained as a book-entry security on a major depository, such as The Depository Trust Company, Euroclear, or Clearstream; v. any securities security that are is a municipal securitiessecurity, asset-backed securitiessecurity, mortgage securities security, or Structured Securities Security (notwithstanding the fact that such securities would otherwise be covered); vi. to the extent 20that more than 30% of the Eligible Collateral's Current Portfolio Gross Market Value consists of non-investment grade corporate bonds and/or preferred securities (for the avoidance of doubt, unrated securities are considered to be non-investment grade), any non-investment grade corporate bonds and preferred securities in excess of such 2030%; and vii. to the extent 30that more than 50% of the Eligible Collateral's Current Portfolio Gross Market Value consists of non-USD securities (whether common stock, preferred denominated securities, or corporate bonds), any non-USD denominated securities in excess of such 3050%.

Appears in 1 contract

Samples: Committed Facility Agreement (ClearBridge Energy MLP Fund Inc.)

Eligible Securities. (a) Positions in the following eligible equity and fixed income security types ("ELIGIBLE SECURITIES"“Eligible Securities”, which term shall exclude any securities described in Section 2(b)) are covered under the Committed Facility Agreement: i. common stock traded on the following U.S. exchanges: the New York Stock Exchange, NASDAQ, NYSE Arca, and NYSE MKT; ii. non-USD common stock, provided such stock is (A) listed in the FTSE All-World Index, (B) traded on a major exchange in one of the following countries: Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia, or Portugal and (C) denominated in one of the following currencies: CAD, GBP, EUR, JPY, CHF, AUD or SEK; or iii. non-convertible and convertible corporate debt securities or preferred securities and corporate bonds denominated in USDsecurities, provided such securities (A) are issued by an issuer incorporated in one of the following countries: USAAustralia, Austria, Belgium, Canada, United KingdomDenmark, Finland, France, Germany, SwitzerlandGreece, AustriaIreland, Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway, Portugal, Spain, ItalySweden, The NetherlandsSwitzerland, FinlandUnited Kingdom, BelgiumUnited States, Japan(B) are denominated in USD, Australiaand (C) are capable of being valued by BNPP PB, Inc. on a daily basis based on internal or Portugalexternal pricing sources. (b) Notwithstanding the foregoing, the following will not be part of the collateral commitment and shall have no collateral value:value (and for the avoidance of doubt, shall be excluded from the Portfolio Gross Market Value for purposes of calculating the Collateral Requirements hereunder): i. any security type not covered above, as determined by PBL BNPP PB, Inc. in its sole discretion; ii. any short security position; iii. any security offered through a private placement or any restricted securities, except Rule 144A securities related to Debt Securities; iv. any security that is not maintained as a book-entry security on a major depository, such as The Depository Trust Company, Euroclear, or Clearstream; v. any securities that are municipal securities, asset-backed securities, mortgage securities securities, Payment-in-Kind Securities or Structured Securities (notwithstanding the fact that such securities would otherwise be covered); vi. any Debt Security Position which has a Current Market Value that is greater than 35% of the Issue Size; vii. any Debt Security which was initially sold as part of an issuance of less than $50,000,000, as determined by BNPP PB, Inc.; viii. any Positions with a long-term debt rating below CCC- by S&P or below Caa3 by Mxxxx’x; ix. any Debt Security that is a defaulted Debt Security; and x. to the extent 20% of that the Eligible Collateral's Current Gross Market Value consists of nonall positions with a long-investment grade corporate bonds and/or preferred securities term debt rating of CCC+, CCC or CCC- by S&P or Caa1, Caa2 or Caa3 by Mxxxx’x (excluding, for the avoidance of doubt, unrated securities are considered to be non-investment gradesecurities), exceeds 35% of the Portfolio Gross Market Value, any non-investment grade corporate bonds and preferred securities Positions in excess of such 20%; and vii. 35% (and BNPP PB, Inc. shall determine in its sole discretion which specific securities shall be considered to the extent 30% of the Eligible Collateral's Current Market Value consists of non-USD securities (whether common stock, preferred securities, or corporate bonds), any non-USD securities be in excess of such 3035%).

Appears in 1 contract

Samples: Committed Facility Agreement (Corporate Capital Trust, Inc.)

Eligible Securities. (a) Positions in the following eligible equity and fixed income security types ("ELIGIBLE SECURITIESEligible Securities", which term shall exclude any securities described in Section 2(b)) are covered under the Committed Facility Agreement: i. USD common stock traded on the following U.S. exchanges: the New York Stock Exchange, NASDAQ, NYSE Arca, Arca and NYSE MKTAmex Equities; ii. non-convertible corporate debt securities or preferred securities, provided that such securities are (A) issued by an issuer incorporated in one of the following countries: USA, Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia or Portugal and (B) denominated in USD, CAD or EUR; iii. Treasury Securities; or iv. non-USD common stock, provided such stock is (A) listed in the FTSE All-World Index, (B) traded on a major exchange in one of the following countries: Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia, Sweden or Portugal and (C) denominated in one of the following currencies: CAD, GBP, EUR, JPY, CHF, AUD or SEK; or iii. non-convertible and convertible preferred securities and corporate bonds denominated in USD, provided such securities are issued by an issuer incorporated in one of the following countries: USA, Canada, United Kingdom, France, Germany, Switzerland, Austria, Spain, Italy, The Netherlands, Finland, Belgium, Japan, Australia, or Portugal. (b) Notwithstanding the foregoing, the following will not be part of the collateral commitment and shall have no collateral value: i. any security type not covered above, as determined by PBL BNPP PB, Inc. in its sole discretion; ii. any short security position; iii. any security offered through a private placement or any restricted securities; provided that a non-convertible corporate debt security that is eligible for resale pursuant to Rule 144A under the Securities Act of 1933, as amended, shall not be deemed restricted for this purpose; iv. any security that is not maintained as a book-entry security on a major depository, such as The Depository Trust Company, Euroclear, Euroclear or Clearstream; v. any securities that are municipal securities, asset-backed securities, mortgage securities or securities, Structured Securities or capital contingent convertible bonds (notwithstanding the fact that such securities would otherwise be covered); vi. any security where Customer or Customer's Advisor (i) is an Affiliate of the Issuer of the relevant equity securities or (ii) beneficially owns more than 9% of either (a) the voting interests of the Issuer or (b) any voting class of equity securities of the Issuer (in each case, whether such positions are held in accounts established pursuant to the 40 Act Financing Agreements or otherwise); vii. to the extent 20that the Gross Market Value of non-USD-denominated Positions exceeds 50% of the Eligible Collateral's Current Portfolio Gross Market Value, any such securities in excess of such 50% (and BNPP PB, Inc. shall determine in its sole discretion which specific securities shall be considered to be in excess of 50%); viii. to the extent that the Gross Market Value consists of the aggregate of non-investment grade convertible corporate bonds debt securities and/or preferred securities denominated in CAD exceeds 20% or more of the Portfolio Gross Market Value, any non-convertible corporate debt securities and/or preferred securities denominated in CAD in excess of such 20% (and BNPP PB, Inc. shall determine in its sole discretion which specific securities shall be considered to be in excess of 20%); ix. any equity security of an Issuer with a market capitalization of less than USD $300,000,000; x. any Debt Security which (i) trades below 40% of its nominal value or (ii) is greater than 10% of the Issue Size; xi. any Debt Security whose outstanding issuance, calculated pursuant to its Face Value, is less than USD $75,000,000; xii. to the extent that the Gross Market Value of any Debt Securities with an outstanding issuance, calculated pursuant to its Face Value, between USD $75,000,000 and USD $150,000,000 exceeds 10% of the Portfolio Gross Market Value, any Debt Securities in excess of such 10% (and BNPP PB, Inc. shall determine in its sole discretion which specific securities shall be considered to be in excess of 10%); xiii. any Positions with a long-term debt rating below CCC- by S&P or below Caa3 by Moody's or that have defaulted (excluding, for the avoidance of doubt, unrated securities); xiv. any Positions with Days of Trading Volume equal to or greater than 4; xv. any Positions with Equity Volatility equal to or greater than 100%; and xvi. to the extent that the Gross Market Value of Positions in any industry sector (as defined by Bloomberg) exceeds 20% of the Portfolio Gross Market Value, any Positions in excess of such 20% (and BNPP PB, Inc. shall determine in its sole discretion which specific securities are shall be considered to be non-investment grade), any non-investment grade corporate bonds and preferred securities in excess of such 20%; and vii. to the extent 30% of the Eligible Collateral's Current Market Value consists of non-USD securities (whether common stock, preferred securities, or corporate bonds), any non-USD securities in excess of such 30%.

Appears in 1 contract

Samples: First Amendment Agreement (FS Investment Corp III)

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