Loan Opportunities. The Company on behalf of each Fund acknowledges and agrees that BTC shall have the right to decline to make any loans of Securities under any Securities Lending Agreement, to discontinue lending or to terminate any loans of Securities under any Securities Lending Agreement in its sole discretion. The Company on behalf of each Fund agrees that it shall have no claim against BTC based on, or relating to, loans made for other customers, or loan opportunities refused hereunder, whether or not BTC has made fewer or more loans for any other customer than for the Fund, and whether or not any loan for another customer, or the opportunity refused, could have resulted in loans made hereunder.
Loan Opportunities. Bank shall treat Lender equitably with other lenders of like circumstances in making lending opportunities available to it hereunder, taking into account the demand for specific securities, availability of securities, types of collateral, eligibility of borrowers, limitations on investments of cash collateral and such other factors as Bank deems appropriate. Bank shall nevertheless have the right to decline to make any Loans pursuant to any Securities Borrowing Agreement and to discontinue lending under any Securities Borrowing Agreement in its sole discretion and without notice to Lender.
Loan Opportunities. The Lender acknowledges and agrees that the Bank shall have the right to decline to make any loans of Securities under any Securities Borrowing Agreement and to discontinue lending under any Securities Borrowing Agreement in its sole discretion and without notice to the Lender. The Lender agrees that it shall have no claim against the Bank based on, or relating to, loans made for other customers or for the Bank's own account, or loan opportunities refused hereunder, whether or not the Bank has made fewer or more loans for any other customer or for the Bank's own account than for the Lender, and whether or not any loan for another customer or for the Bank's own account, or the opportunity refused, could have resulted in loans made hereunder.
Loan Opportunities. The Lender acknowledges and agrees that the Bank shall have the right to decline to make any loans of Securities under any Securities Borrowing Agreement and to discontinue lending under any Securities Borrowing Agreement in its sole discretion, provided that the Bank notify the Lender of its decision to discontinue lending within a reasonable period of time after such decision is made. The Lender agrees that it shall have no claim against the Bank based on, or relating to, loans made for other customers or for the Bank's own account, or loan opportunities refused hereunder, whether or not the Bank has made fewer or more loans for any other customer or for the Bank's own account than for the Lender, and whether or not any loan for another customer or for the Bank's own account, or the opportunity refused, could have resulted in loans made hereunder. Notwithstanding anything herein to the contrary, the Bank will allocate securities lending opportunities among its customers using reasonable and equitable methods established by the Bank from time to time.
Loan Opportunities. The Trust on behalf of each Fund acknowledges and agrees that BGI shall have the right to decline to make any loans of Securities under any Securities Lending Agreement, to discontinue lending or to terminate any loans of Securities under any Securities Lending Agreement in its sole discretion. The Trust on behalf of each Fund agrees that it shall have no claim against BGI based on, or relating to, loans made for other customers, or loan opportunities refused hereunder, whether or not BGI has made fewer or more loans for any other customer than for the Fund, and whether or not any loan for another customer, or the opportunity refused, could have resulted in loans made hereunder.
Loan Opportunities. (a) The Lender acknowledges and agrees that the Bank administers lending programs for other customers of the Bank. The Bank does not represent or warrant that any amount or percentage of the Securities will in fact be loaned to Borrowers and the Bank shall have the right to decline to make any loans of Securities under any Securities Borrowing Agreement and to discontinue lending under any Securities Borrowing Agreement in its sole discretion and without notice to the Lender. The Lender agrees that it shall have no claim against the Bank based on, or relating to, loans made for other customers or for the Bank’s own account, or loan opportunities refused hereunder, whether or not the Bank has made fewer or more loans for any other customer or for the Bank’s own account than for the Lender, and whether or not any loan for another customer or for the Bank’s own account, or the opportunity refused, could have resulted in loans made hereunder.
(b) In accordance with the agency lending disclosure guidelines of the Securities Industry and Financial Markets Association, the Bank is required to disclose the identity and other information of each principal on whose behalf it serves as securities lending agent and will provide to Borrowers information for the purpose of identifying Lender, which may include taxpayer identification number and financial status. Prior to effecting any loan pursuant hereto, the Lender shall furnish the Bank with (i) the most recent available audited statement of Lender’s financial condition, (ii) the most recent available unaudited statement of Lender’s financial condition, if more recent than the audited statement, and (iii) any other financial information or statements reasonably requested .
(c) The Lender authorizes the Bank, as its agent, to enter into fee for holds arrangements with respect to Securities. The Bank will, in return for a fee from the Borrower, hold and reserve certain Securities and refrain from lending such Securities to any third party without the Borrower’s permission, provided, however, that the fee for holds arrangements shall not restrict or otherwise affect the Lender’s ownership rights with regard to the Securities, including the right to sell the Securities. The fee from the Borrower shall be allocated between the Bank and the Lender in accordance with Section 5.7 hereof.
(d) The Bank shall not be responsible for any statements, representations, warranties or covenants made by any Borrower or for Borrower’s p...
Loan Opportunities. The Client on behalf of each Lender acknowledges and agrees that BGI shall have the right to decline to make any loans of Securities under any Securities Lending Agreement and to discontinue lending under any Securities Lending Agreement in us sole discretion and without notice to the Client. The Client on behalf of each Lender agrees that it shall have no claim against BGI based on, or relating to, loans made for other customers or for BGI’s own account, or loan opportunities refused hereunder, whether or not BGI has made fewer or more loans for any other customer or for BGI’s own account than for the Lender, and-whether or not any loan for another customer or for BGI’s own account, or the opportunity refused, could have resulted in loans made hereunder.
Loan Opportunities. The Lender acknowledges and agrees that the Bank ------------------ shall have the right to decline to make any loans of Securities under any Securities Borrowing Agreement and to discontinue lending under any Securities Borrowing Agreement in its sole discretion and without notice to the Lender. The Lender agrees that, provided the Bank acts in good faith without negligence and willful misconduct, it shall have no claim against the Bank based on, or relating to, loans made for other customers or for the Bank's own account, or loan opportunities refused hereunder, whether or not the Bank has made fewer or more loans for any other customer or for the Bank's own account than for the Lender, and whether or not any loan for another customer or for the Bank's own account, or the opportunity refused, could have resulted in loans made hereunder.
Loan Opportunities. The Lender acknowledges and agrees that the Advisor or the Subcustodian may lend securities owned by other of the Advisor's or the Subcustodian's customers to Borrowers. The Lender agrees that it shall have no claim against the Advisor or the Subcustodian based on, or relating to, loans made for other customers or loan opportunities refused hereunder, whether or not the Advisor has made fewer or more loans for any other customer than for the Lender, and whether or not any loan for another customer, or the opportunity refused, could have resulted in loans made under this Agreement.
Loan Opportunities. Bank shall treat Lender equitably, over time, with other lenders of like circumstances (including those lenders subject to the same minimum qualifications set forth on Exhibit B hereto) and similar restrictions as well as such other factors as Bank deems appropriate. Bank has the right to decline to make any new Loan and terminate any existing Loan in its sole discretion and without notice to Client.
