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.
Appears in 8 contracts
Samples: Securities Lending Agency Agreement (CDC Nvest Companies Trust I), Securities Lending Agency Agreement (CDC Nvest Funds Trust Ii), Securities Lending Agency Agreement (CDC Nvest Companies Trust I)
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.
Appears in 2 contracts
Samples: Securities Lending Agency Agreement (CDC Nvest Funds Trust I), Securities Lending Agency Agreement (CDC Nvest Funds Trust Iii)