General Bank Responsibilities. (a) Bank shall enter Loans pursuant to the Securities Borrowing Agreement and is hereby authorized to negotiate with each Borrower the amount of Rebates or Securities Loan Fee payable in connection with particular Loans, and to take all actions deemed necessary or appropriate in order to perform on Lender’s behalf thereunder, including without limitation: (i) initially receiving Collateral having a Market Value of not less than the Collateral Requirement; (ii) collecting Distributions from Borrower and, unless otherwise agreed, crediting cash Distributions to the Account in the currency in which such Distributions are paid; (iii) collecting applicable Securities Loan Fees and crediting the same to the Collateral Account; (iv) if, as of the close of trading on any Business Day the Market Value of Collateral received by Bank from a Borrower in respect of a Loan hereunder is less than the then current Market Value of all of the Loaned Securities, demanding additional Collateral from such Borrower for delivery on the next following Business Day in an amount such that the additional Collateral together with the Collateral then held by Bank in connection with Loans to such Borrower shall have a Market Value at the time of such demand of not less than the Collateral Requirement; and (v) terminating Loans whenever Bank in its sole discretion elects to do so or is directed to do so by Client. Upon termination of any Loan, including a termination by the Borrower, (which shall be effected according to the standard settlement time for trades in the particular Loaned Security), and receipt from the Borrower of the Loaned Securities and any Distributions then due and subject to satisfaction of Lender’s obligations under paragraph 2(b) of Article IV, Bank shall return to the Borrower such amount of Collateral as is required by the Securities Borrowing Agreement and pay the Borrower any Rebates then payable. (b) Where Bank is authorized or directed by Client to convert currency received hereunder into another currency, Bank shall effect such transactions through customary banking channels whenever it is practicable to do so. All expenses and risks incident to such conversions shall be borne by Lender, and Bank shall have no responsibility for the fluctuation in exchange rates affecting such conversions.
Appears in 3 contracts
Samples: Securities Lending Authorization Agreement (IndexIQ Trust), Securities Lending Authorization Agreement (IndexIQ ETF Trust), Securities Lending Authorization Agreement (Allianz Variable Insurance Products Trust)
General Bank Responsibilities. (a) Bank shall enter Loans pursuant to the Securities Borrowing Agreement and is hereby authorized to negotiate with each Borrower the amount of Rebates or Securities Loan Fee payable in connection with particular Loans, and to take all actions deemed necessary or appropriate in order to perform on a Lender’s behalf thereunder, including without limitation:
(i) initially receiving Collateral having a Market Value of not less than the Collateral Requirement;
(ii) collecting Distributions from Borrower and, unless otherwise agreed, crediting cash Distributions to the applicable Account in the currency in which such Distributions are paid;
(iii) collecting applicable Securities Loan Fees and crediting the same to the applicable Collateral Account;
(iv) if, as of the close of trading on any Business Day the Market Value of Collateral received by Bank from a Borrower in respect of a Loan hereunder is less than the then then-current Market Value of all of the Loaned Securities, demanding additional Collateral from such Borrower for delivery on the next following Business Day in an amount such that the additional Collateral together with the Collateral then held by Bank in connection with Loans to such Borrower shall have a Market Value at the time of such demand of not less than the Collateral Requirement; and
(v) terminating Loans whenever Bank in its sole discretion elects to do so or and whenever Bank is directed to do so by Client. Upon termination of any Loan, including a termination by the Borrower, Borrower (which shall be effected according to the standard settlement time for trades in the particular Loaned Security), and receipt from the Borrower of the Loaned Securities and any Distributions then due and subject to satisfaction of Lender’s obligations under paragraph 2(b) of Article IV, Bank shall return to the Borrower such amount of Collateral as is required by the Securities Borrowing Agreement and pay the Borrower any Rebates then payable.
(b) Where Bank is authorized or directed by Client to convert currency received hereunder into another currency, Bank shall effect such transactions through customary banking channels whenever it is practicable to do so. All expenses and risks incident to such conversions shall be borne by Lender, and Bank shall have no responsibility for the fluctuation in exchange rates affecting such conversions.
Appears in 1 contract
Samples: Securities Lending Authorization Agreement (RevenueShares ETF Trust)
General Bank Responsibilities. (a) Bank shall enter Loans pursuant to the Securities Borrowing Agreement and is hereby authorized to negotiate with each Borrower the amount of Rebates or Securities Loan Fee payable in connection with particular Loans, and to take all actions deemed necessary or appropriate in order to perform on Lender’s behalf thereunder, including without limitation:
: (i) initially receiving Collateral having a Market Value of not less than the Collateral Requirement;
; (ii) collecting Distributions from Borrower and, unless otherwise agreed, crediting cash Distributions to the Account in the currency in which such Distributions are paid;
; (iii) collecting applicable Securities Loan Fees and crediting the same to the Collateral Account;
; (iv) if, as of the close of trading on any Business Day the Market Value of Collateral received by Bank from a Borrower in respect of a Loan hereunder is less than the then current Market Value of all of the Loaned Securities, demanding additional Collateral from such Borrower for delivery on the next following Business Day in an amount such that the additional Collateral together with the Collateral then 5 held by Bank in connection with Loans to such Borrower shall have a Market Value at the time of such demand of not less than the Collateral Requirement; and
and (v) terminating Loans whenever Bank in its sole discretion elects to do so or is directed to do so by Client. Upon termination of any Loan, including a termination by the Borrower, (which shall be effected according to the standard settlement time for trades in the particular Loaned Security), and receipt from the Borrower of the Loaned Securities and any Distributions then due and subject to satisfaction of Lender’s obligations under paragraph 2(b) of Article IV, Bank shall return to the Borrower such amount of Collateral as is required by the Securities Borrowing Agreement and pay the Borrower any Rebates then payable.
(b) Where Bank is authorized or directed by Client to convert currency received hereunder into another currency, Bank shall effect such transactions through customary banking channels whenever it is practicable to do so. All expenses and risks incident to such conversions shall be borne by Lender, and Bank shall have no responsibility for the fluctuation in exchange rates affecting such conversions.
Appears in 1 contract
General Bank Responsibilities. (a) Bank shall enter Loans pursuant to the Securities Borrowing Agreement and is hereby authorized to negotiate with each Borrower the amount of Rebates or Securities Loan Fee payable in connection with particular Loans, and to take all actions deemed necessary or appropriate in order to perform on Lender’s 's behalf thereunder, including without limitation:
(i) initially receiving Collateral having a Market Value of not less than the Collateral Requirement;
(ii) collecting Distributions from Borrower and, unless otherwise agreed, crediting cash Distributions to the Account in accordance with Bank's crediting schedule in the currency in which such Distributions are paid;
(iii) collecting applicable Securities Loan Fees and crediting the same to the Collateral Account;
(iv) if, as of the close of trading on any Business Day the Market Value of Collateral received by Bank from a Borrower in respect of a Loan hereunder is less than the then current Market Value of all of the Loaned Securities, demanding additional Collateral from such Borrower for delivery on the next following Business Day in an amount such that the additional Collateral together with the Collateral then held by Bank in connection with Loans to such Borrower shall have a Market Value at the time of such demand of not less than the Collateral Requirement; and
(v) terminating Loans whenever Bank in its sole discretion elects to do so or is directed to do so by Client. Upon termination of any Loan, including a termination by the Borrower, Loan (which shall be effected according to the standard settlement time for trades in the particular Loaned Security), including a termination by the Borrower and receipt from the Borrower of the Loaned Securities (or the equivalent thereof in the event of a reorganization, recapitalization or merger of the issuer of the loaned Securities), and any Distributions then due and subject to satisfaction of Lender’s 's obligations under paragraph 2(b) of Article IV, Bank shall return to the Borrower such amount of Collateral as is required by the Securities Borrowing Agreement and pay the Borrower any Rebates then payable.
(b) Where Bank is authorized or directed by Client to convert currency received hereunder into another currency, Bank shall effect such transactions through customary banking channels whenever it is practicable to do so. All expenses and risks incident to such conversions shall be borne by Lender, and Bank shall have no responsibility for the fluctuation in exchange rates affecting such conversions.
Appears in 1 contract
Samples: Securities Lending Authorization Agreement (Chou America Mutual Funds)
General Bank Responsibilities. (a) Bank shall enter Loans pursuant to the Securities Borrowing Agreement and is hereby authorized to negotiate with each Borrower the amount of Rebates or Securities Loan Fee payable in connection with particular Loans, and to take all actions deemed necessary or appropriate in order to perform on Lender’s behalf thereunder, including without limitation:
(i) initially receiving Collateral having a Market Value of not less than the Collateral Requirement;
(ii) collecting Distributions from Borrower and, unless otherwise agreed, crediting cash Distributions to the Account in accordance with Bank’s crediting schedule in the currency in which such Distributions are paid;
(iii) collecting applicable Securities Loan Fees and crediting the same to the Collateral Account;
(iv) if, as of the close of trading on any Business Day the Market Value of Collateral received by Bank from a Borrower in respect of a Loan hereunder is less than the then current Market Value of all of the Loaned Securities, demanding additional Collateral from such Borrower for delivery on the next following Business Day in an amount such that the additional Collateral together with the Collateral then held by Bank in connection with Loans to such Borrower shall have a Market Value at the time of such demand of not less than the Collateral Requirement; and
(v) terminating Loans whenever Bank in its sole discretion elects to do so or is directed to do so by Client. Upon termination of any Loan, including a termination by the Borrower, Loan (which shall be effected according to the standard settlement time for trades in the particular Loaned Security), , including a termination by the Borrower and receipt from the Borrower of the Loaned Securities (or the equivalent thereof in the event of a reorganization, recapitalization or merger of the issuer of the loaned Securities, and any Distributions then due and subject to satisfaction of Lender’s obligations under paragraph 2(b) of Article IV, Bank shall return to the Borrower such amount of Collateral as is required by the Securities Borrowing Agreement and pay the Borrower any Rebates then payable.
(b) Where Bank is authorized or directed by Client to convert currency received hereunder into another currency, Bank shall effect such transactions through customary banking channels whenever it is practicable to do so. All expenses and risks incident to such conversions shall be borne by Lender, and Bank shall have no responsibility for the fluctuation in exchange rates affecting such conversions.
Appears in 1 contract
Samples: Securities Lending Authorization Agreement (IndexIQ Active ETF Trust)
General Bank Responsibilities. (a) Bank shall enter Loans pursuant to the applicable Securities Borrowing Agreement and is hereby authorized to negotiate with each Borrower the amount of Rebates or Securities Loan Fee payable in connection with particular Loans, and to take all actions deemed necessary or appropriate in order to perform on Lender’s 's behalf thereunder, including without limitation:
(i) initially receiving Collateral having a Market Value of not less than the Collateral RequirementRequirement prior to or concurrent with the delivery of Loaned Securities to the Borrower;
(ii) collecting Distributions from Borrower and, unless otherwise agreed, crediting cash Distributions to the Account in accordance with Bank's crediting schedule in the currency in which such Distributions are paid. Non-cash distributions on Loaned Securities in the nature of stock splits or stock dividends by default shall be added to the Loan and become Loaned Securities; provided that Lender may, by giving Bank ten (10) Business Days' notice prior to the date of such non-cash distribution, direct Bank to request that the Borrower deliver such non-cash distributions to its Lender's Account instead, in which case Bank shall arrange for such non-cash distribution to be credited to that Lender's Account as soon as practicable;
(iii) collecting applicable Securities Loan Fees and crediting the same to the Collateral Account;
(iv) if, as of the close of trading on any Business Day the Market Value of Collateral received by Bank from a Borrower in respect of a Loan hereunder is less than the then current Market Value Collateral Requirement of all of the Loaned Securities, demanding additional Collateral from such Borrower for delivery on the next following Business Day in an amount such that the additional Collateral together with the Collateral then held by Bank in connection with Loans to such Borrower shall have a Market Value at the time of such demand of not less than the Collateral Requirement; and
(viv) terminating Loans whenever Bank in its sole discretion elects to do so or is directed to do so by Client. Upon termination of any Loan, including a termination by the Borrower, Loan (which shall be effected according to the standard settlement time for trades in the particular Loaned Security), including a termination by the Borrower and receipt from the Borrower of the Loaned Securities (or the equivalent thereof in the event of a reorganization, recapitalization or merger of the issuer of the loaned Securities, and any Distributions then due and subject to satisfaction of Lender’s 's obligations under paragraph 2(b) of Article IV, Bank shall return to the Borrower such amount of Collateral as is required by the Securities Borrowing Agreement and pay the Borrower any Rebates then payable.
(b) Where Bank is authorized or directed by Client to convert currency received hereunder into another currency, Bank shall effect such transactions through customary banking channels whenever it is practicable to do so. All expenses and risks incident to such conversions shall be borne by Lender, and Bank shall have no responsibility for the fluctuation in exchange rates affecting such conversions.
Appears in 1 contract
Samples: Securities Lending Authorization Agreement (DBX ETF Trust)
General Bank Responsibilities. (a) Bank shall enter Loans pursuant to the Securities Borrowing Agreement and is hereby authorized to negotiate with each Borrower the amount of Rebates or Securities Loan Fee payable in connection with particular Loans, and to take all actions deemed necessary or appropriate in order to perform on Lender’s behalf thereunder, including without limitation:
(i) initially receiving Collateral having a Market Value of not less than the Collateral Requirement;
(ii) collecting Distributions from Borrower and, unless otherwise agreed, crediting cash Distributions to the Account in accordance with Bank’s crediting schedule in the currency in which such Distributions are paid;
(iii) collecting applicable Securities Loan Fees and crediting the same to the Collateral Account;
(iv) if, as of the close of trading on any Business Day the Market Value of Collateral received by Bank from a Borrower in respect of a Loan hereunder is less than the then current Market Value of all of the Loaned Securities, demanding additional Collateral from such Borrower for delivery on the next following Business Day in an amount such that the additional Collateral together with the Collateral then held by Bank in connection with Loans to such Borrower shall have a Market Value at the time of such demand of not less than the Collateral Requirement; and
(v) terminating Loans whenever Bank in its sole discretion elects to do so or is directed to do so by Client. Upon termination of any Loan, including a termination by the Borrower, Loan (which shall be effected according to the standard settlement time for trades in the particular Loaned Security), including a termination by the Borrower and receipt from the Borrower of the Loaned Securities (or the equivalent thereof in the event of a reorganization, recapitalization or merger of the issuer of the loaned Securities, and any Distributions then due and subject to satisfaction of Lender’s obligations under paragraph 2(b) of Article IV), Bank shall return to the Borrower such amount of Collateral as is required by the Securities Borrowing Agreement and pay the Borrower any Rebates then payable.
(b) Where Bank is authorized or directed by Client to convert currency received hereunder into another currency, Bank shall effect such transactions through customary banking channels whenever it is practicable to do so. All expenses and risks incident to such conversions shall be borne by Lender, and Bank shall have no responsibility for the fluctuation in exchange rates affecting such conversions.
Appears in 1 contract
Samples: Third Party Securities Lending Authorization Agreement (Touchstone ETF Trust)
General Bank Responsibilities. (a) Bank shall enter Loans pursuant to the Securities Borrowing Agreement and is hereby authorized to negotiate with each Borrower the amount of Rebates or Securities Loan Fee payable in connection with particular Loans, and to take all actions deemed necessary or appropriate in order to perform on Lender’s behalf thereunder, including without limitation:
(i) initially receiving Collateral having a Market Value of not less than the Collateral Requirement;
(ii) collecting Distributions from Borrower and, unless otherwise agreed, crediting cash Distributions to the Account in accordance with Bank’s crediting schedulein the currency in which such Distributions are paid;
(iii) collecting applicable Securities Loan Fees and crediting the same to the Collateral Account;
(iv) if, as of the close of trading on any Business Day the Market Value of Collateral received by Bank from a Borrower in respect of a Loan hereunder is less than the then current Market Value of all of the Loaned Securities, demanding additional Collateral from such Borrower for delivery on the next following Business Day in an amount such that the additional Collateral together with the Collateral then held by Bank in connection with Loans to such Borrower shall have a Market Value at the time of such demand of not less than the Collateral Requirement; and
(v) terminating Loans whenever Bank in its sole discretion elects to do so or is directed to do so by Client. Upon termination of any Loan, including a termination by the Borrower, Loan (which shall be effected according to the standard settlement time for trades in the particular Loaned Security), , including a termination by the Borrower and receipt from the Borrower of the Loaned Securities (or the equivalent thereof in the event of a reorganization, recapitalization or merger of the issuer of the loaned Securities, and any Distributions then due and subject to satisfaction of Lender’s obligations under paragraph 2(b) of Article IV, Bank shall return to the Borrower such amount of Collateral as is required by the Securities Borrowing Agreement and pay the Borrower any Rebates then payable.
(b) Where Bank is authorized or directed by Client to convert currency received hereunder into another currency, Bank shall effect such transactions through customary banking channels whenever it is practicable to do so. All expenses and risks incident to such conversions shall be borne by Lender, and Bank shall have no responsibility for the fluctuation in exchange rates affecting such conversions.
Appears in 1 contract
Samples: Securities Lending Authorization Agreement (Active Weighting Funds ETF Trust)