LCH Sample Clauses
LCH. Clearnet SA will keep that Market Data securely and properly protected against theft, damage, loss and unauthorised access;
LCH. Clearnet SA at its head office at 00, xxx xx Xxxxxx Xxxxxxxxx, 00000 Xxxxx, Xxxxxx.
LCH. Clearnet SA shall be permitted to amend Schedule 3 to this Agreement from time to time following consultation with the Risk Committee.
LCH. Clearnet SA irrevocably appoints LCH.Clearnet Group Limited at Xxxxxxx Xxxxx, 00 Xxxxxxx Xxxx Xxxxxx, Xxxxxx XX0X 0XX as its agent under the CDS Clearing Documentation (including this Agreement) for service of process in any ancillary proceedings before the English courts in connection with any arbitration proceedings pursuant to the CDS Dispute Resolution Protocol.
LCH. Clearnet SA shall not use or share any Aggregated Data with third parties other than a Third Party Data Aggregator (whether for fees or otherwise), save with the written prior consent or at the written proposal of at least 50% of Clearing Members by reference to the volume of Open Positions held in the Clearing Members’ House Margin Accounts.
LCH. Clearnet SA and the CDS FCM Clearing Member each represent to the other that, as at the date of this Agreement, and at all times prior to the termination of this Agreement:
3.4.1 it is duly incorporated or otherwise organised and validly existing under the laws of its jurisdiction of incorporation;
3.4.2 it has the power and authority to enter into this Agreement and has taken all necessary corporate actions to authorise the execution of this Agreement;
3.4.3 to the extent it is required under Applicable Law to be authorised, licensed or approved in relation to activities undertaken by it, that all required governmental and/or regulatory and other consents with respect to this Agreement, have been obtained and are in full force and effect and that any or all conditions of any such consents have been and are complied with;
3.4.4 it has full knowledge and understanding of the provisions of the CDS Clearing Documentation and shall abide by its obligations under the CDS Clearing Documentation;
3.4.5 execution, delivery and performance of this Agreement do not violate or conflict with any law applicable to it, any provision of its constitutional documents, any order or judgment of any court or other agency of government applicable to it or any of its assets or any contractual restriction binding on or affecting it or any of its assets;
3.4.6 its obligations under this Agreement constitute its legal, valid and binding obligations, enforceable in accordance with their respective terms (subject to applicable bankruptcy, reorganisation, insolvency, moratorium or similar laws affecting creditors’ rights generally and subject, as to enforceability, to equitable principles of general application (regardless of whether enforcement is sought in a proceeding in equity or at law));
3.4.7 no Event of Default or LCH Default, as applicable, with respect to it has occurred and is continuing and no Event of Default or LCH Default, as applicable, would occur as a result of its entering into or performing its obligations under this Agreement; and
3.4.8 there is not pending or, to its knowledge, threatened against it, any action, suit or proceeding at law or in equity or before any court, tribunal, governmental body,
LCH. Clearnet SA will treat the CDS FCM Clearing Member’s Market Data as strictly confidential and shall not display, disclose, distribute, identify or otherwise make it available to any person other than to:
(i) a third party data aggregator that is responsible for compiling the End of Day Contributed Prices in accordance with the CDS Clearing Documentation (a “Third Party Data Aggregator”); or
(ii) the CDS FCM Clearing Member that has provided it;
LCH. Clearnet SA acknowledges that the CDS Clearing Member shall not be obliged to provide Market Data which it is restricted from disclosing by law or regulation or as a result of agreements with third parties which predate the date of this Agreement. In the absence of any notification at the date of this Agreement by the CDS Clearing Member, LCH.Clearnet SA shall be entitled to assume no such third party agreements exist.
LCH. Clearnet SA may index or adjust the fees published on the Website from time to time at its discretion. LCH.Clearnet SA shall give the CDS Clearing Member no less than thirty
LCH. Clearnet SA and the CDS Clearing Member each make to the other, as at the date of this Agreement and at all times prior to termination of this Agreement, the tax representations specified as applicable to it in Schedule 1 to this Agreement.