Common use of Margin Lending Clause in Contracts

Margin Lending. 8.1 Where you enter into a Margin Lending Agreement, notwithstanding any other terms of the JBWere Multi-Asset Platform Agreement, you authorise and direct us to procure the Custodian to: a. create a Margin Loan Account in respect of your assets that are to be held subject to a security interest under the terms of the Margin Lending Agreement and to permit a security interest to be granted over your assets held from time to time in the Margin Loan Account; b. subject to obtaining any necessary prior approvals from the Margin Lender, draw loan funds under the Margin Lending Agreement, to: i. acquire assets to be held on your behalf in your Margin Loan Account in accordance with instructions from you or your Authorised Person; or ii. pay any Amount Owing (which may be paid to us via your Cash Account); c. act on any instructions given by you or your Authorised Person or to act in accordance with the terms of the JBWere Multi-Asset Platform Agreement (including after receipt of a notice of termination under the Margin Lending Agreement) to deal in the secured assets (for the purposes of this clause 8, whether by way of sale, transfer or other disposal) in your Margin Loan Account or in relation to your Cash Account only with the prior approval of the Margin Lender; d. act on instructions from the Margin Lender (notwithstanding any contrary, or the absence of any, instructions from you or your Authorised Person or contrary terms under the JBWere Multi-Asset Platform Agreement), to: i. deal in the secured assets in your Margin Loan Account; ii. request redemption of units or debit of funds, as the case may be, from your Cash Account (including for the purpose of reducing your loan balance at any time); and iii. pay to the Margin Lender or otherwise at the Margin Lender’s direction: A. the proceeds of any dealing in secured assets or any request for redemption of units or debit of funds your Cash Account (including if any such dealing occurs on the instructions of you or your Authorised Person); and B. any dividends, distributions, income or other amounts payable to you in respect of secured assets; and e. take all steps necessary to permit the Margin Lender to electronically debit from your Cash Account, any amounts it is entitled to under the terms of the Margin Lending Agreement. 8.2 You acknowledge and agree that where you have entered into a Margin Lending Agreement, to the maximum extent permitted by law, neither we nor our employees or agents are: a. liable for any losses, damages, costs or expenses, caused to you if we or our employees or agents, in good faith, act on the instructions of the relevant Margin Lender or refuse to act on the instructions of you or your Authorised Person if such instructions are contrary to instructions given by the Margin Lender or where no approval has been provided by the Xxxxxx Xxxxxx; b. obliged to consider whether an instruction given to us or our employees or agents by a relevant Margin Lender or which reasonably appears to be given by a Margin Lender is permitted or lawfully given within the terms of the Margin Lending Agreement; or c. liable for the relevant Margin Lender electronically debiting amounts from your Cash Account in breach of the Margin Lending Agreement.

Margin Lending. 8.1 6.1 Where you enter into a Margin Lending Agreement, notwithstanding any other terms of the this JBWere Multi-Asset Platform Agreement or an Additional Service Agreement, you authorise and direct us to procure the Custodian to: a. create a Margin Loan Account in respect of your assets that are to be held subject to a security interest under the terms of the Margin Lending Agreement and to permit a security interest to be granted over your assets held from time to time in the Margin Loan Account; b. subject to obtaining any necessary prior approvals from the Margin Lender, draw loan funds under the Margin Lending Agreement, to: i. acquire assets to be held on your behalf in your Margin Loan Account in accordance with instructions from you or your Authorised Person; or ii. pay any Amount Owing (which may be paid to us via your Cash Account); c. act on any instructions given by you or your Authorised Person or to act in accordance with the terms of the JBWere Multi-Asset Platform Agreement or an Additional Service Agreement (including after receipt of a notice of termination under the Margin Lending Agreement) to deal in the secured assets (for the purposes of this clause 86, whether by way of sale, transfer or other disposal) in your Margin Loan Account or in relation to your Cash Account only with the prior approval of the Margin Lender; d. act on instructions from the Margin Lender (notwithstanding any contrary, or the absence of any, instructions from you or your Authorised Person or contrary terms under the JBWere Multi-Asset Platform Agreement or an Additional Service Agreement), to: i. deal in the secured assets in your Margin Loan Account; ii. request redemption of units or debit of funds, as the case may be, from your Cash Account (including for the purpose of reducing your loan balance at any time); and iii. pay to the Margin Lender or otherwise at the Margin Lender’s direction: direction A. the proceeds of any dealing in secured assets or any request for redemption of units or debit of funds from your Cash Account (including if any such dealing occurs on the instructions of you or your Authorised Person); and B. any dividends, distributions, income or other amounts payable to you in respect of secured assets; and e. take all steps necessary to permit the Margin Lender to electronically debit from your Cash Account, any amounts it is entitled to under the terms of the Margin Lending Agreement. 8.2 You acknowledge and agree that where you have entered into a Margin Lending Agreement, to the maximum extent permitted by law, neither we nor our employees or agents are: a. liable for any losses, damages, costs or expenses, caused to you if we or our employees or agents, in good faith, act on the instructions of the relevant Margin Lender or refuse to act on the instructions of you or your Authorised Person if such instructions are contrary to instructions given by the Margin Lender or where no approval has been provided by the Xxxxxx Xxxxxx; b. obliged to consider whether an instruction given to us or our employees or agents by a relevant Margin Lender or which reasonably appears to be given by a Margin Lender is permitted or lawfully given within the terms of the Margin Lending Agreement; or c. liable for the relevant Margin Lender electronically debiting amounts from your Cash Account in breach of the Margin Lending Agreement.

Margin Lending. 8.1 ‌ 6.1 Where you enter into a Margin Lending Agreement, notwithstanding any other terms of the this JBWere Multi-Asset Platform Agreement or an Additional Service Agreement, you authorise and direct us to procure the Custodian to: a. (a) create a Margin Loan Account in respect of your assets that are to be held subject to a security interest under the terms of the Margin Lending Agreement and to permit a security interest to be granted over your assets held from time to time in the Margin Loan Account; b. (b) subject to obtaining any necessary prior approvals from the Margin Lender, draw loan funds under the Margin Lending Agreement, to: i. (i) acquire assets to be held on your behalf in your Margin Loan Account in accordance with instructions from you or your Authorised Person; or (ii. ) pay any Amount Owing (which may be paid to us via your Cash Account); c. (c) act on any instructions given by you or your Authorised Person or to act in accordance with the terms of the JBWere Multi-Asset Platform Agreement or an Additional Service Agreement (including after receipt of a notice of termination under the Margin Lending Agreement) to deal in the secured assets (for the purposes of this clause 86, whether by way of sale, transfer or other disposal) in your Margin Loan Account or in relation to your Cash Account only with the prior approval of the Margin Lender; d. (d) act on instructions from the Margin Lender (notwithstanding any contrary, or the absence of any, instructions from you or your Authorised Person or contrary terms under the JBWere Multi-Asset Platform Agreement or an Additional Service Agreement), to: i. (i) deal in the secured assets in your Margin Loan Account; (ii. ) request redemption of units or debit of funds, as the case may be, from your Cash Account (including for the purpose of reducing your loan balance at any time); and (iii. ) pay to the Margin Lender or otherwise at the Margin Lender’s direction: A. the proceeds of any dealing in secured assets or any request for redemption of units or debit of funds your Cash Account (including if any such dealing occurs on the instructions of you or your Authorised Person); and B. any dividends, distributions, income or other amounts payable to you in respect of secured assets; and e. take all steps necessary to permit the Margin Lender to electronically debit from your Cash Account, any amounts it is entitled to under the terms of the Margin Lending Agreement. 8.2 You acknowledge and agree that where you have entered into a Margin Lending Agreement, to the maximum extent permitted by law, neither we nor our employees or agents are: a. liable for any losses, damages, costs or expenses, caused to you if we or our employees or agents, in good faith, act on the instructions of the relevant Margin Lender or refuse to act on the instructions of you or your Authorised Person if such instructions are contrary to instructions given by the Margin Lender or where no approval has been provided by the Xxxxxx Xxxxxx; b. obliged to consider whether an instruction given to us or our employees or agents by a relevant Margin Lender or which reasonably appears to be given by a Margin Lender is permitted or lawfully given within the terms of the Margin Lending Agreement; or c. liable for the relevant Margin Lender electronically debiting amounts from your Cash Account in breach of the Margin Lending Agreement.

Margin Lending. ‌ 8.1 Where you enter into a Margin Lending Agreement, notwithstanding any other terms of the JBWere Multi-Asset Platform Agreement, you authorise and direct us to procure the Custodian to: a. (a) create a Margin Loan Account in respect of your assets that are to be held subject to a security interest under the terms of the Margin Lending Agreement and to permit a security interest to be granted over your assets held from time to time in the Margin Loan Account; b. (b) subject to obtaining any necessary prior approvals from the Margin Lender, draw loan funds under the Margin Lending Agreement, to: i. (i) acquire assets to be held on your behalf in your Margin Loan Account in accordance with instructions from you or your Authorised Person; or (ii. ) pay any Amount Owing (which may be paid to us via your Cash Account); c. (c) act on any instructions given by you or your Authorised Person or to act in accordance with the terms of the JBWere Multi-Asset Platform Agreement (including after receipt of a notice of termination under the Margin Lending Agreement) to deal in the secured assets (for the purposes of this clause 8, whether by way of sale, transfer or other disposal) in your Margin Loan Account or in relation to your Cash Account only with the prior approval of the Margin Lender; d. (d) act on instructions from the Margin Lender (notwithstanding any contrary, or the absence of any, instructions from you or your Authorised Person or contrary terms under the JBWere Multi-Asset Platform Agreement), to: i. (i) deal in the secured assets in your Margin Loan Account; (ii. ) request redemption of units or debit of funds, as the case may be, from your Cash Account (including for the purpose of reducing your loan balance at any time); and (iii. ) pay to the Margin Lender or otherwise at the Margin Lender’s direction: A. (A) the proceeds of any dealing in secured assets or any request for redemption of units or debit of funds your Cash Account (including if any such dealing occurs on the instructions of you or your Authorised Person); and B. (B) any dividends, distributions, income or other amounts payable to you in respect of secured assets; and e. (e) take all steps necessary to permit the Margin Lender to electronically debit from your Cash Account, any amounts it is entitled to under the terms of the Margin Lending Agreement. 8.2 You acknowledge and agree that where you have entered into a Margin Lending Agreement, to the maximum extent permitted by law, neither we nor our employees or agents are: a. (a) liable for any losses, damages, costs or expenses, caused to you if we or our employees or agents, in good faith, act on the instructions of the relevant Margin Lender or refuse to act on the instructions of you or your Authorised Person if such instructions are contrary to instructions given by the Margin Lender or where no approval has been provided by the Xxxxxx XxxxxxMargin Lender; b. (b) obliged to consider whether an instruction given to us or our employees or agents by a relevant Margin Lender or which reasonably appears to be given by a Margin Lender is permitted or lawfully given within the terms of the Margin Lending Agreement; or c. (c) liable for the relevant Margin Lender electronically debiting amounts from your Cash Account in breach of the Margin Lending Agreement.