Mark to Market. 9.1. Borrower shall daily mark to market any Loan hereunder and in the event that at the Close of Trading on any Business Day the Market Value of the Collateral for any Loan to Borrower shall be less than 100% of the Market Value of all the outstanding Loaned Securities subject to such Loan, Borrower shall deposit additional Collateral into the Custody Account no later than the Close of Business on the next Business Day so that the Market Value of such additional Collateral, when added to the Market Value of the other Collateral for such Loan, shall equal at least 100% of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon the 9.2. In addition to any rights of Lender under Section 9.1 of this Agreement, if at any time the aggregate Market Value of all Collateral for Loans by Lender shall be less than the Margin Percentage of the Market Value of all the outstanding Loaned Securities subject to such Loans (a “Margin Deficit”), Borrower shall deposit additional Collateral in the Custody Account no later than the Close of Business on the next Business Day so that the Market Value of such additional Collateral, when added to the Market Value of the other Collateral for such Loan, shall equal or exceed the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon the instruction of such Agent or Trustee. 9.3. Subject to Borrower’s obligations under Section 9.1, if at any time the Market Value of all Collateral for Loans to Borrower shall be greater than the Margin Percentage of the Market Value of all the outstanding Loaned Securities subject to such Loans (a “Margin Excess”), Lender hereby authorizes the Custodian to reduce the amount of Collateral deposited in the Custody Account for Lender and to pay the Margin Excess to Lender so that the Market Value of the Collateral for such Loans, after deduction of such amounts, shall thereupon not exceed the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Custodian shall transfer the Margin Excess under this Section upon the instruction of such Agent or Trustee as soon as reasonably practicable. 9.4. Borrower and Xxxxxx may agree, with respect to one or more Loans hereunder, to mark the values to market pursuant to Sections 9.2 and 9.3 by separately valuing the Loaned Securities lent and the Collateral held in respect thereof on a Loan-by- Loan basis. 9.5. Borrower and Lender may agree, with respect to any or all Loans hereunder, that the respective rights of Xxxxxx and Borrower under Sections 9.2 and 9.3 may be exercised only where a Margin Excess or Margin Deficit exceeds a specified dollar amount or a specified percentage of the Market Value of the Loaned Securities under such Loans (which amount or percentage shall be agreed to by Borrower and Lender prior to entering into any such Loans).
Appears in 2 contracts
Samples: Master Securities Lending Agreement, Master Securities Lending Agreement
Mark to Market. 9.1. Borrower shall daily mark to market any Loan hereunder and in the event that at the Close of Trading on any Business Day the Market Value of the Collateral for any Loan to Borrower shall be less than 100% of the Market Value of all the outstanding Loaned Securities subject to such Loan, Borrower shall deposit additional Collateral into the Custody Account no later than the Close of Business on the next Business Day so that the Market Value of such additional Collateral, when added to the Market Value of the other Collateral for such Loan, shall equal at least 100% of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon thethe instruction of such Agent or Trustee. As agreed by the parties or if Borrower determines in its discretion that applicable laws or market custom so require, Borrower will hold additional collateral greater than 100% of the market value of the Loaned Securities.
9.2. In addition to any rights of Lender under Section 9.1 of this Agreement, if at any time the aggregate Market Value of all Collateral for Loans by Lender shall be less than the Margin Percentage of the Market Value of all the outstanding Loaned Securities subject to such Loans (a “Margin Deficit”), Borrower shall deposit additional Collateral in the Custody Account no later than the Close of Business on the next Business Day so that the Market Value of such additional Collateral, when added to the Market Value of the other Collateral for such Loan, shall equal or exceed the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon the instruction of such Agent or Trustee.
9.3. Subject to Borrower’s obligations under Section 9.1, if at any time the Market Value of all Collateral for Loans to Borrower shall be greater than the Margin Percentage of the Market Value of all the outstanding Loaned Securities subject to such Loans (a “Margin Excess”), Lender hereby authorizes the Custodian to reduce the amount of Collateral deposited in the Custody Account for Lender and to pay the Margin Excess to Lender so that the Market Value of the Collateral for such Loans, after deduction of such amounts, shall thereupon not exceed the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Custodian shall transfer the Margin Excess under this Section upon the instruction of such Agent or Trustee as soon as reasonably practicable.
9.4. Borrower and Xxxxxx may agree, with respect to one or more Loans hereunder, to mark the values to market pursuant to Sections 9.2 and 9.3 by separately valuing the Loaned Securities lent and the Collateral held in respect thereof on a Loan-by- Loan basis.
9.5. Borrower and Lender may agree, with respect to any or all Loans hereunder, that the respective rights of Xxxxxx and Borrower under Sections 9.2 and 9.3 may be exercised only where a Margin Excess or Margin Deficit exceeds a specified dollar amount or a specified percentage of the Market Value of the Loaned Securities under such Loans (which amount or percentage shall be agreed to by Borrower and Lender prior to entering into any such Loans).Section
Appears in 2 contracts
Samples: Master Securities Lending Agreement, Master Securities Lending Agreement
Mark to Market. 9.1. 8.1 Borrower shall daily mark to market any Loan hereunder xxxxunder and in the event that at the Close xxxse of Trading trading on any Business Day the Market Value market value of the Collateral for any Loan to Borrower shall be less than 100% of the Market Value market value of all the outstanding Loaned Securities subject to such Loan, Borrower shall deposit transfer additional Collateral into the Custody Account no later than May 1993 Master Securities Loan Agreement 5 the Close close of Business on the next Business Day so that the Market Value market value of such additional Collateral, when added to the Market Value market value of the other Collateral for such Loan, shall equal at least 100% of the Market Value market value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon the.
9.2. 8.2 In addition to any rights of Lender under Section 9.1 8.1, in the event that at the close of this Agreement, if at trading on any time Business Day the aggregate Market Value market value of all Collateral for Loans by Lender shall be less than the Margin Percentage of the Market Value market value of all the outstanding Loaned Securities subject to such Loans (a “"Margin Deficit”"), Lender may, by notice to Borrower, demand that Borrower shall deposit transfer to Lender additional Collateral in the Custody Account no later than the Close of Business on the next Business Day so that the Market Value market value of such additional Collateral, when added to the Market Value market value of the all other Collateral for such LoanLoans, shall equal or exceed the agreed upon Margin Percentage of the Market Value market value of the Loaned Securities. If Unless otherwise agreed, such transfer is to be made no later than the movement close of Collateral is subject the next Business Day following the day of Lender's notice to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon the instruction of such Agent or TrusteeBorrower.
9.3. Subject to Borrower’s obligations under Section 9.1, if 8.3 In the event that at the close of trading on any time Business Day the Market Value market value of all Collateral for Loans to Borrower shall be greater than the Margin Percentage of the Market Value market value of all the outstanding Loaned Securities subject to such Loans (a “"Margin Excess”"), Borrower may, by notice to Lender, demand that Lender hereby authorizes the Custodian transfer to reduce the Borrower such amount of the Collateral deposited in the Custody Account for Lender and to pay the Margin Excess to Lender selected by Borrower so that the Market Value market value of the Collateral for such Loans, after deduction of such amounts, shall thereupon not exceed the Margin Percentage of the Market Value market value of the Loaned Securities. If Unless otherwise agreed, such transfer is to be made no later than the movement close of Collateral is subject the next Business Day following the day of Borrower's notice to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Custodian shall transfer the Margin Excess under this Section upon the instruction of such Agent or Trustee as soon as reasonably practicableLender.
9.4. 8.4 Borrower and Xxxxxx Lender may agree, with respect to one or more Loans hereunder, to mark the values to market pursuant to Sections 9.2 8.2 and 9.3 8.3 by separately xxxxrately valuing the Loaned Securities lent and the Collateral held given in respect thereof on a Loan-by- by-Loan basis.
9.5. 8.5 Borrower and Lender may agree, with respect to any or all Loans hereunder, that the respective rights of Xxxxxx Lender and Borrower under Sections 9.2 8.2 and 9.3 8.3 may be exercised only where a Margin Excess or Margin Deficit exceeds a specified dollar amount or a specified percentage of the Market Value market value of the Loaned Securities under such Loans (which amount or percentage shall be agreed to by Borrower and Lender prior to entering into any such Loans).
Appears in 1 contract
Samples: Securities Lending Agency Agreement (Merrill Lynch Ready Assets Trust)
Mark to Market. 9.1. 9.1 If Lender is a Customer, Borrower shall daily mark to market any Loan hereunder and in the event that at the Close of Trading on any Business Day the Market Value of the Collateral for any Loan to Borrower shall be less than 100% of the Market Value of all the outstanding Loaned Securities subject to such Loan, Borrower shall deposit transfer additional Collateral into the Custody Account no later than the Close of Business on the next Business Day so that the Market Value of such additional Collateral, when added to the Market Value of the other Collateral for such Loan, shall equal at least 100% of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon the.
9.2. 9.2 In addition to any rights of Lender under Section 9.1 of this Agreement9.1, if at any time the aggregate Market Value of all Collateral for Loans by Lender shall be less than the Margin Percentage of the Market Value of all the outstanding Loaned Securities subject to such Loans (a “"Margin Deficit”"), Lender may, by notice to Borrower, demand that Borrower shall deposit transfer to Lender additional Collateral in the Custody Account no later than the Close of Business on the next Business Day so that the Market Value of such additional Collateral, when added to the Market Value of the all other Collateral for such LoanLoans, shall equal or exceed the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon the instruction of such Agent or Trustee.
9.3. 9.3 Subject to Borrower’s 's obligations under Section 9.1, if at any time the Market Value of all Collateral for Loans to Borrower shall be greater than the Margin Percentage of the Market Value of all the outstanding Loaned Securities subject to such Loans (a “"Margin Excess”"), Borrower may, by notice to Lender, demand that Lender hereby authorizes the Custodian transfer to reduce the Borrower such amount of the Collateral deposited in the Custody Account for Lender and to pay the Margin Excess to Lender selected by Borrower so that the Market Value of the Collateral for such Loans, after deduction of such amounts, shall thereupon not exceed the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Custodian shall transfer the Margin Excess under this Section upon the instruction of such Agent or Trustee as soon as reasonably practicable.
9.4. 9.4 Borrower and Xxxxxx may agree, with respect to one or more Loans hereunder, to mark the values to market pursuant to Sections 9.2 and 9.3 by separately valuing the Loaned Securities lent and the Collateral held given in respect thereof on a Loan-by- by-Loan basis.
9.5. 9.5 Borrower and Lender may agree, with respect to any or all Loans hereunder, that the respective rights of Xxxxxx and Borrower under Sections 9.2 and 9.3 may be exercised only where a Margin Excess or Margin Deficit exceeds a specified dollar amount or a specified percentage of the Market Value of the Loaned Securities under such Loans (which amount or percentage shall be agreed to by Borrower and Lender prior to entering into any such Loans).
9.6 If any notice is given by Borrower or Lender under Sections 9.2 or 9.3 at or before the Margin Notice Deadline on any day on which a transfer of Collateral may be effected in accordance with Section 15, the party receiving such notice shall transfer Collateral as provided in such Section no later than the Close of Business on such day. If any such notice is given after the Margin Notice Deadline, the party receiving such notice shall transfer such Collateral no later than the Close of Business on the next Business Day following the day of such notice.
Appears in 1 contract
Mark to Market. 9.1. If Lender is a Client, Borrower shall daily mark to market any Loan hereunder and in the event that at the Close of Trading on any Business Day the Market Value of the Collateral for any Loan to Borrower shall be less than 100% of the Market Value of all the outstanding Loaned Securities subject to such Loan, Borrower shall deposit transfer additional Collateral into the Custody Account no later than the Close of Business on the next Business Day so that the Market Value of such additional Collateral, when added to the Market Value of the other Collateral for such Loan, shall equal at least 100% of the Market Value of the Loaned Securities. If As agreed by the movement of Collateral is subject to the instruction of an Agent parties or Trustee, as set out Section 4.1 of this Agreementif Borrower determines in its discretion that applicable laws or market custom so require, Borrower may deposit additional collateral greater than 100% of the Collateral under this Section upon theMarket Value of the Loaned Securities.
9.2. In addition to any rights of Lender under Section 9.1 of this Agreement9.1, if at any time the aggregate Market Value of all Collateral for Loans by Lender shall be less than the Margin Percentage of the Market Value of all the outstanding Loaned Securities subject to such Loans (a “"Margin Deficit”"), Borrower shall deposit transfer additional Collateral in the Custody Account no later than the Close of Business on the next Business Day so that the Market Value of such additional Collateral, when added to the Market Value of the other Collateral for such Loan, shall equal or exceed the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon the instruction of such Agent or Trustee.
9.3. Subject to Borrower’s 's obligations under Section 9.1, if at any time the Market Value of all Collateral for Loans to Borrower shall be greater than the Margin Percentage of the Market Value of all the outstanding Loaned Securities subject to such Loans (a “"Margin Excess”"), Lender hereby authorizes the Custodian Borrower to reduce the transfer to Borrower such amount of the Collateral deposited in the Custody Account for Lender and to pay the Margin Excess to Lender selected by Borrower so that the Market Value of the Collateral for such Loans, after deduction of such amounts, shall thereupon not exceed the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Custodian shall transfer the Margin Excess under this Section upon the instruction of such Agent or Trustee as soon as reasonably practicable.
9.4. Borrower and Xxxxxx may agree, with respect to one or more Loans hereunder, to mark the values to market pursuant to Sections 9.2 and 9.3 by separately valuing the Loaned Securities lent and the Collateral held given in respect thereof on a Loan-by- by-Loan basis.
9.5. Borrower and Lender may agree, with respect to any or all Loans hereunder, that the respective rights of Xxxxxx and Borrower under Sections 9.2 and 9.3 may be exercised only where a Margin Excess or Margin Deficit exceeds a specified dollar amount or a specified percentage of the Market Value of the Loaned Securities under such Loans (which amount or percentage shall be agreed to by Borrower and Lender prior to entering into any such Loans).
Appears in 1 contract
Samples: Master Securities Lending Agreement
Mark to Market. 9.1. Borrower shall daily mark 9.1 Lender will, at least xxxxx, xxxx to market any Loan hereunder and in the event that at the Close of Trading on any Business Day the Market Value of the Collateral for any Loan to Borrower shall be less than 100% of the Market Value of all the outstanding Loaned Securities subject to such Loan, Borrower shall deposit will transfer additional Collateral into the Custody Account no later than the Close of Business on the next Business Day so that the Market Value of such additional Collateral, when added to the Market Value of the other Collateral for such LoanLoans, shall will at all times equal at least 100% or exceed the Margin Percentage of the Market Value of the Digital Assets equivalent of the Loaned SecuritiesAssets. If the movement of Collateral is subject Lender may mark to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral market any Loan under this Section upon the9 at any time or times without notice to Borrower.
9.2. 9.2 In addition to any rights of Lender under Section 9.1 of this Agreement9.1, if at any time the aggregate Market Value of all Collateral for Loans by Lender shall be is less than the Margin Percentage of the Market Value of all the outstanding Loaned Securities Assets subject to such Loans (a “Margin Deficit”), Lender may, by notice to Borrower, demand that Borrower shall deposit transfer to Lender additional Collateral in the Custody Account no later than the Close of Business on the next Business Day so that the Market Value of such additional Collateral, when added to the Market Value of the all other Collateral for such LoanLoans, shall equal equals or exceed exceeds the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon the instruction of such Agent or TrusteeAssets.
9.3. 9.3 Subject to Borrower’s obligations under Section 9.1, if at any time the Market Value of all Collateral for Loans to Borrower shall will be greater than the Margin Percentage of the Market Value of all the outstanding Loaned Securities Assets subject to such Loans (a “Margin Excess”), Borrower may, by notice to Lender, demand that Lender hereby authorizes the Custodian transfer to reduce the Borrower such amount of the Collateral deposited in the Custody Account for Lender and to pay the Margin Excess to Lender selected by Borrower so that the Market Value of the Collateral for such Loans, after deduction of such amounts, shall will thereupon not exceed the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Custodian shall transfer the Margin Excess under this Section upon the instruction of such Agent or Trustee as soon as reasonably practicableAssets.
9.4. 9.4 Unless otherwise agreed in writing by the Parties, in the case where Xxxxxx has multiple outstanding Loans with Borrower and Xxxxxx may agreethe Confirmations for such Loans have specified different Margin Percentages, with respect to one or more such Loans hereunder, to the Parties will mark the values to market pursuant to Sections 9.2 and 9.3 by separately valuing the Loaned Securities Assets lent and the Collateral held given in respect thereof on a Loan-by- by-Loan basis.
9.5. 9.5 Borrower and Lender Xxxxxx may agree, with respect to any or all Loans hereunder, that the respective rights of Xxxxxx and Borrower under Sections 9.2 and 9.3 may be exercised only where a Margin Excess or Margin Deficit exceeds a specified dollar amount or a specified percentage of the Market Value of the Loaned Securities Assets under such Loans (which amount or percentage shall will be the Minimum Transfer Amount agreed to by Borrower and Lender prior to entering into any such Loans).
9.6 If any notice is given by Borrower or Lender under Sections 9.2 or 9.3, the Party receiving such notice will transfer Collateral no later than the Margin Transfer Deadline.
Appears in 1 contract
Mark to Market. 9.1. 8.1 Borrower shall daily mark to market any Loan Xxxx hereunder and in the event that at the Close ax xxe close of Trading trading on any Business Day the Market Value market value of the Collateral for any Loan to Borrower shall be less than 100% of the Market Value market value of all the outstanding Loaned Securities subject to such Loan, Borrower shall deposit transfer additional Collateral into the Custody Account no later than the Close close of Business on the next Business Day so that the Market Value market value of such additional Collateral, when added to the Market Value market value of the other Collateral for such Loan, shall equal at least 100% of the Market Value market value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon the.
9.2. 8.2 In addition to any rights of Lender under Section 9.1 8.1, in the event that at the close of this Agreement, if at trading on any time Business Day the aggregate Market Value market value of all Collateral for Loans by Lender shall be less than the Margin Percentage of the Market Value market value of all the outstanding Outstanding Loaned Securities subject to such Loans (a “"Margin Deficit”"), Lender may, by notice to Borrower, demand that Borrower shall deposit transfer to Lender additional Collateral in the Custody Account no later than the Close of Business on the next Business Day so that the Market Value market value of such additional Collateral, when added to the Market Value market value of the all other Collateral for such LoanLoans, shall equal or exceed the agreed upon Margin Percentage of the Market Value market value of the Loaned Securities. If Unless otherwise agreed, such transfer is to be made no later than the movement close of Collateral is subject the next Business Day following the day of Lender's notice to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon the instruction of such Agent or TrusteeBorrower.
9.3. Subject to Borrower’s obligations under Section 9.1, if 8.3 In the event that at the close of trading on any time Business Day the Market Value market value of all Collateral for Loans to Borrower shall be greater than the Margin Percentage of the Market Value market value of all the outstanding Loaned Securities subject to such Loans (a “"Margin Excess”"), Borrower may, by notice to Lender, demand that Lender hereby authorizes the Custodian transfer to reduce the Borrower such amount of the Collateral deposited in the Custody Account for Lender and to pay the Margin Excess to Lender selected by Borrower so that the Market Value market value of the Collateral for such Loans, after deduction of such amounts, shall thereupon not exceed the Margin Percentage of the Market Value market value of the Loaned Securities. If Unless otherwise agreed, such transfer is to be made no later than the movement close of Collateral is subject the next Business Day following the day of Borrower's notice to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Custodian shall transfer the Margin Excess under this Section upon the instruction of such Agent or Trustee as soon as reasonably practicableLender.
9.4. 8.4 Borrower and Xxxxxx Lender may agree, with respect to one or more Loans hereunder, to mark the values to market pursuant to Sections 9.2 8.2 and 9.3 by 8.0 xx separately valuing the Loaned Securities lent and the Collateral held given in respect thereof on a Loan-by- by-Loan basis.
9.5. 8.5 Borrower and Lender may agree, with respect to any or all Loans hereunder, that the respective rights of Xxxxxx Lender and Borrower under Sections 9.2 8.2 and 9.3 8.3 may be exercised only where a Margin Excess or Margin Deficit exceeds a specified dollar amount or a specified percentage of the Market Value market value of the Loaned Securities under such Loans (which amount or percentage shall be agreed to by Borrower and Lender prior to entering into any such Loans).
Appears in 1 contract
Samples: Master Securities Loan Agreement (Pain Therapeutics Inc)
Mark to Market. 9.1. Borrower shall daily mark to market any Loan hereunder and in the event that at the Close of Trading on any Business Day the Market Value of the Collateral for any Loan to Borrower shall be less than 100% of the Market Value of all the outstanding Loaned Securities subject to such Loan, Borrower shall deposit additional Collateral into the Custody Account no later than the Close of Business on the next Business Day so that the Market Value of such additional Collateral, when added to the Market Value of the other Collateral for such Loan, shall equal at least 100% of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon thethe instruction of such Agent or Trustee. As agreed by the parties or if Borrower determines in its discretion that applicable laws or market custom so require, Borrower will hold additional collateral greater than 100% of the market value of the Loaned Securities.
9.2. In addition to any rights of Lender under Section 9.1 of this Agreement, if at any time the aggregate Market Value of all Collateral for Loans by Lender shall be less than the Margin Percentage of the Market Value of all the outstanding Loaned Securities subject to such Loans (a “Margin Deficit”), Borrower shall deposit additional Collateral in the Custody Account no later than the Close of Business on the next Business Day so that the Market Value of such additional Collateral, when added to the Market Value of the other Collateral for such Loan, shall equal or exceed the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon the instruction of such Agent or Trustee.
9.3. Subject to Borrower’s obligations under Section 9.1, if at any time the Market Value of all Collateral for Loans to Borrower shall be greater than the Margin Percentage of the Market Value of all the outstanding Loaned Securities subject to such Loans (a “Margin Excess”), Lender hereby authorizes the Custodian to reduce the amount of Collateral deposited in the Custody Account for Lender and to pay the Margin Excess to Lender so that the Market Value of the Collateral for such Loans, after deduction of such amounts, shall thereupon not exceed the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Custodian shall transfer the Margin Excess under this Section upon the instruction of such Agent or Trustee as soon as reasonably practicable.
9.4. Borrower and Xxxxxx may agree, with respect to one or more Loans hereunder, to mark the values to market pursuant to Sections 9.2 and 9.3 by separately valuing the Loaned Securities lent and the Collateral held in respect thereof on a Loan-by- by-Loan basis.
9.5. Borrower Xxxxxxxx and Lender Xxxxxx may agree, with respect to any or all Loans hereunder, that the respective rights of Xxxxxx and Borrower under Sections 9.2 and 9.3 may be exercised only where a Margin Excess or Margin Deficit exceeds a specified dollar amount or a specified percentage of the Market Value of the Loaned Securities under such Loans (which amount or percentage shall be agreed to by Borrower and Lender prior to entering into any such Loans).specified
Appears in 1 contract
Samples: Master Securities Lending Agreement
Mark to Market. 9.1. 8.1 Borrower shall daily mark to market tx xxrket any Loan hereunder and in the event xxxnt that at the Close close of Trading trading on any Business Day the Market Value market value of the Collateral for any Loan to Borrower shall be less than 100% of the Market Value market value of all the outstanding Loaned Securities subject to such Loan, Borrower shall deposit transfer additional Collateral into the Custody Account no later than the Close close of Business on the next Business Day so that the Market Value market value of such additional Collateral, May 1993 - Master Securities Loan Agreement - 5 when added to the Market Value market value of the other Collateral for such Loan, shall equal at least 100% of the Market Value market value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon the.
9.2. 8.2 In addition to any rights of Lender under Section 9.1 8.1, in the event that at the close of this Agreement, if at trading on any time Business Day the aggregate Market Value market value of all Collateral for Loans by Lender shall be less than the Margin Percentage of the Market Value market value of all the outstanding Loaned Securities subject to such Loans (a “"Margin Deficit”"), Lender may, by notice to Borrower, demand that Borrower shall deposit transfer to Lender additional Collateral in the Custody Account no later than the Close of Business on the next Business Day so that the Market Value market value of such additional Collateral, when added to the Market Value market value of the all other Collateral for such LoanLoans, shall equal or exceed the agreed upon Margin Percentage of the Market Value market value of the Loaned Securities. If Unless otherwise agreed, such transfer is to be made no later than the movement close of Collateral is subject the next Business Day following the day of Lender's notice to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon the instruction of such Agent or TrusteeBorrower.
9.3. Subject to Borrower’s obligations under Section 9.1, if 8.3 In the event that at the close of trading on any time Business Day the Market Value market value of all Collateral for Loans to Borrower shall be greater than the Margin Percentage of the Market Value market value of all the outstanding Loaned Securities subject to such Loans (a “"Margin Excess”"), Borrower may, by notice to Lender, demand that Lender hereby authorizes the Custodian transfer to reduce the Borrower such amount of the Collateral deposited in the Custody Account for Lender and to pay the Margin Excess to Lender selected by Borrower so that the Market Value market value of the Collateral for such Loans, after deduction of such amounts, shall thereupon not exceed the Margin Percentage of the Market Value market value of the Loaned Securities. If Unless otherwise agreed, such transfer is to be made no later than the movement close of Collateral is subject the next Business Day following the day of Borrower's notice to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Custodian shall transfer the Margin Excess under this Section upon the instruction of such Agent or Trustee as soon as reasonably practicableLender.
9.4. 8.4 Borrower and Xxxxxx Lender may agree, with respect to one or more Loans hereunder, to mark the values to market pursuant to Sections 9.2 Sectioxx 0.2 and 9.3 8.3 by separately valuing the Loaned Securities lent and the Collateral held given in respect thereof on a Loan-by- by-Loan basis.
9.5. 8.5 Borrower and Lender may agree, with respect to any or all Loans hereunder, that the respective rights of Xxxxxx Lender and Borrower under Sections 9.2 8.2 and 9.3 8.3 may be exercised only where a Margin Excess or Margin Deficit exceeds a specified dollar amount or a specified percentage of the Market Value market value of the Loaned Securities under such Loans (which amount or percentage shall be agreed to by Borrower and Lender prior to entering into any such Loans).
Appears in 1 contract
Samples: Securities Lending Management Agreement (American Aadvantage Funds)
Mark to Market. 9.1. Borrower shall daily mark to market, or cause to be marked to market daily, any Loan hereunder and in the event that at the Close of Trading on any Business Day the Market Value of the Collateral for any Loan to Borrower shall be less than 100% of the Market Value of all the outstanding Loaned Securities subject to such Loan, Borrower shall deposit deposit, or cause to be deposited, additional Collateral into the Custody Account no later than the Close of Business on the next Business Day so that the Market Value of such additional Collateral, when added to the Market Value of the other Collateral for such Loan, shall equal at least 100% of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent a Trustee or TrusteeAdministrator, as set out in Section 4.1 of this Agreement, Borrower may deposit deposit, or cause to be deposited, the Collateral under this Section upon thethe instruction of such Trustee or Administrator. As agreed by the parties or if Borrower determines in its discretion that applicable laws or market custom so require, Borrower will hold, or cause to be held, additional collateral greater than 100% of the market value of the Loaned Securities.
9.2. In addition to any rights of Lender under Section 9.1 of this Agreement, if at any time the aggregate Market Value of all Collateral for Loans by Lender shall be less than the Margin Percentage of the Market Value of all the outstanding Loaned Securities subject to such Loans (a “Margin Deficit”), Borrower shall deposit deposit, or cause to be deposited, additional Collateral in the Custody Account no later than the Close of Business on the next Business Day so that the Market Value of such additional Collateral, when added to the Market Value of the other Collateral for such Loan, shall equal or exceed the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent a Trustee or TrusteeAdministrator, as set out in Section 4.1 of this Agreement, Borrower may deposit deposit, or cause to be deposited, the Collateral under this Section upon the instruction of such Agent Trustee or TrusteeAdministrator.
9.3. Subject to Borrower’s obligations under Section 9.1, if at any time the Market Value of all Collateral for Loans to Borrower shall be greater than the Margin Percentage of the Market Value of all the outstanding Loaned Securities subject to such Loans (a “Margin Excess”), Lender Xxxxxx hereby authorizes the Custodian to reduce the amount of Collateral deposited in the Custody Account for Lender and to pay release the Margin Excess to Lender Borrower so that the Market Value of the Collateral for such Loans, after deduction of such amounts, shall thereupon not exceed the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent a Trustee or TrusteeAdministrator, as set out in Section 4.1 of this Agreement, Custodian shall transfer the Margin Excess to Borrower under this Section upon the instruction of such Agent Trustee or Trustee Administrator as soon as reasonably practicable.
9.4. Borrower and Xxxxxx may agree, with respect to one or more Loans hereunder, to mark the values to market pursuant to Sections 9.2 and 9.3 by separately valuing the Loaned Securities lent and the Collateral held in respect thereof on a Loan-by- Loan basis.
9.5. Borrower and Lender may agree, with respect to any or all Loans hereunder, that the respective rights of Xxxxxx and Borrower under Sections 9.2 and 9.3 may be exercised only where a Margin Excess or Margin Deficit exceeds a specified dollar amount or a specified percentage of the Market Value of the Loaned Securities under such Loans (which amount or percentage shall be agreed to by Borrower and Lender prior to entering into any such Loans).
Appears in 1 contract
Samples: Master Securities Lending Agreement
Mark to Market. 9.1. Borrower shall daily at all times monitor and mark to market any Loan hereunder and in the event that at the Close of Trading on any Business Day the Market Value of the Collateral for any Loan to Borrower shall be is less than 100% of the Market Value of Margin Threshold applicable to all the outstanding Loaned Securities Cryptocurrency subject to such Loan, Borrower shall deposit immediately transfer additional Collateral into the Custody Account no later than the Close of Business on the next Business Day so that the Market Value of such additional Collateral, when added to the Market Value of the other Collateral for such Loan, shall equal at least 100% of be not less than Margin Threshold. As agreed by the Market Value of parties or if Lender determines in its sole discretion that applicable laws or market circumstances so require, the Loaned Securities. If the movement of Borrower shall deposit additional Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon thegreater than Margin Threshold.
9.27.4.1. In addition to any rights of Lender under Section 9.1 of this AgreementClause 7.4, if at any time the aggregate Market Value of all Collateral for Loans by Lender shall be less than the Margin Percentage Threshold of the Market Value of all the outstanding Loaned Securities Cryptocurrency subject to such Loans (a “"Margin Deficit”"), Borrower shall deposit immediately transfer additional Collateral in the Custody Account no later than the Close of Business on the next Business Day so that the Market Value of such additional Collateral, when added to the Market Value of the other Collateral for such Loan, shall be equal or exceed the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon the instruction of such Agent or TrusteeThreshold.
9.37.4.2. Subject to Borrower’s obligations under Section 9.1Clause 7.4, if at any time the Market Value of all Collateral for Loans to Borrower shall be greater than the Margin Percentage Threshold of the Market Value of all the outstanding Loaned Securities Cryptocurrency subject to such Loans (a “"Margin Excess”"), Lender hereby authorizes the Custodian Borrower and/or EXSCUDO (as applicable) to reduce the transfer to Borrower such amount of the Collateral deposited in the Custody Account for Lender and to pay the Margin Excess to Lender selected by Borrower so that the Market Value of the Collateral for such Loans, after deduction of such amounts, shall thereupon not exceed the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Custodian shall transfer the Margin Excess under this Section upon the instruction of such Agent or Trustee as soon as reasonably practicableThreshold.
9.4. Borrower and Xxxxxx may agree, with respect to one or more Loans hereunder, to mark the values to market pursuant to Sections 9.2 and 9.3 by separately valuing the Loaned Securities lent and the Collateral held in respect thereof on a Loan-by- Loan basis.
9.5. Borrower and Lender may agree, with respect to any or all Loans hereunder, that the respective rights of Xxxxxx and Borrower under Sections 9.2 and 9.3 may be exercised only where a Margin Excess or Margin Deficit exceeds a specified dollar amount or a specified percentage of the Market Value of the Loaned Securities under such Loans (which amount or percentage shall be agreed to by Borrower and Lender prior to entering into any such Loans).
Appears in 1 contract
Samples: Framework Agreement
Mark to Market. 9.11. Borrower shall daily mark to market any Loan hereunder and in the event that at the Close of Trading on any Business Day the Market Value of the Collateral for any Loan to Borrower shall be less than 100% of the Market Value of all the outstanding Loaned Securities subject to such Loan, Borrower shall deposit additional Collateral into the Custody Account no later than the Close of Business on the next Business Day so that the Market Value of such additional Collateral, when added to the Market Value of the other Collateral for such Loan, shall equal at least 100% of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon thethe instruction of such Agent or Trustee. As agreed by the parties or if Borrower determines in its discretion that applicable laws or market custom so require, Borrower will hold additional collateral greater than 100% of the market value of the Loaned Securities.
9.22. In addition to any rights of Lender under Section 9.1 of this Agreement, if at any time the aggregate Market Value of all Collateral for Loans by Lender shall be less than the Margin Percentage of the Market Value of all the outstanding Loaned Securities subject to such Loans (a “"Margin Deficit”"), Borrower shall deposit additional Collateral in the Custody Account no later than the Close of Business on the next Business Day so that the Market Value of such additional Collateral, when added to the Market Value of the other Collateral for such Loan, shall equal or exceed the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon the instruction of such Agent or Trustee.
9.33. Subject to Borrower’s obligations under Section 9.1, if at any time the Market Value of all Collateral for Loans to Borrower shall be greater than the Margin Percentage of the Market Value of all the outstanding Loaned Securities subject to such Loans (a “"Margin Excess”"), Lender Xxxxxx hereby authorizes the Custodian to reduce the amount of Collateral deposited in the Custody Account for Lender and to pay the Margin Excess to Lender so that the Market Value of the Collateral for such Loans, after deduction of such amounts, shall thereupon not exceed the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Custodian shall transfer the Margin Excess under this Section upon the instruction of such Agent or Trustee as soon as reasonably practicable.
9.44. Borrower and Xxxxxx may agree, with respect to one or more Loans hereunder, to mark the values to market pursuant to Sections 9.2 and 9.3 by separately valuing the Loaned Securities lent and the Collateral held in respect thereof on a Loan-by- by-Loan basis.
9.55. Borrower and Lender may agree, with respect to any or all Loans hereunder, that the respective rights of Xxxxxx and Borrower under Sections 9.2 and 9.3 may be exercised only where a Margin Excess or Margin Deficit exceeds a specified dollar amount or a specified percentage of the Market Value of the Loaned Securities under such Loans (which amount or percentage shall be agreed to by Borrower and Lender prior to entering into any such Loans).
Appears in 1 contract
Samples: Master Securities Lending Agreement
Mark to Market. 9.1. Borrower shall daily at all times monitor and mark to market any Loan hereunder and in the event that at the Close of Trading on any Business Day the Market Value of the Collateral for any Loan to Borrower shall be is less than 100% of the Market Value of Margin Threshold applicable to all the outstanding Loaned Securities Cryptocurrency/Fiat Funds subject to such Loan, Borrower shall deposit immediately transfer additional Collateral into the Custody Account no later than the Close of Business on the next Business Day so that the Market Value of such additional Collateral, when added to the Market Value of the other Collateral for such Loan, shall equal at least 100% of be not less than Margin Threshold. As agreed by the Market Value of parties or if Lender determines in its sole discretion that applicable laws or market circumstances so require, the Loaned Securities. If the movement of Borrower shall deposit additional Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon thegreater than Margin Threshold.
9.27.4.1. In addition to any rights of Lender under Section 9.1 of this AgreementClause 7.4, if at any time the aggregate Market Value of all Collateral for Loans by Lender shall be less than the Margin Percentage Threshold of the Market Value of all the outstanding Loaned Securities Cryptocurrency/ Fiat Funds subject to such Loans (a “"Margin Deficit”"), Borrower shall deposit immediately transfer additional Collateral in the Custody Account no later than the Close of Business on the next Business Day so that the Market Value of such additional Collateral, when added to the Market Value of the other Collateral for such Loan, shall be equal or exceed the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon the instruction of such Agent or Trustee.Threshold.
9.37.4.2. Subject to Borrower’s obligations under Section 9.1Clause 7.4, if at any time the Market Value of all Collateral for Loans to Borrower shall be greater than the Margin Percentage Threshold of the Market Value of all the outstanding Loaned Securities Cryptocurrency/Fiat Funds subject to such Loans (a “"Margin Excess”"), Lender hereby authorizes the Custodian Borrower and/or EXSCUDO (as applicable) to reduce the transfer to Borrower such amount of the Collateral deposited in the Custody Account for Lender and to pay the Margin Excess to Lender selected by Borrower so that the Market Value of the Collateral for such Loans, after deduction of such amounts, shall thereupon not exceed the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Custodian shall transfer the Margin Excess under this Section upon the instruction of such Agent or Trustee as soon as reasonably practicable.
9.4. Borrower and Xxxxxx may agree, with respect to one or more Loans hereunder, to mark the values to market pursuant to Sections 9.2 and 9.3 by separately valuing the Loaned Securities lent and the Collateral held in respect thereof on a Loan-by- Loan basis.
9.5. Borrower and Lender may agree, with respect to any or all Loans hereunder, that the respective rights of Xxxxxx and Borrower under Sections 9.2 and 9.3 may be exercised only where a Margin Excess or Margin Deficit exceeds a specified dollar amount or a specified percentage of the Market Value of the Loaned Securities under such Loans (which amount or percentage shall be agreed to by Borrower and Lender prior to entering into any such Loans).Threshold.
Appears in 1 contract
Samples: Framework Agreement
Mark to Market. 9.1. Borrower shall daily mark to market any Loan hereunder and in the event that at the Close of Trading on any Business Day the Market Value of the Collateral for any Loan to Borrower shall be less than 100% of the Market Value of all the outstanding Loaned Securities subject to such Loan, Borrower shall deposit additional Collateral into the Custody Account no later than the Close of Business on the next Business Day so that the Market Value of such additional Collateral, when added to the Market Value of the other Collateral for such Loan, shall equal at least 100% of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this AgreementBorrower determines in its discretion that applicable laws so require, Borrower may deposit will hold additional collateral greater than 100% of the Collateral under this Section upon themarket value of the Loaned Securities.
9.2. In addition to any rights of Lender under Section 9.1 of this Agreement9.1, if at any time the aggregate Market Value of all Collateral for Loans by Lender shall be less than the Margin Percentage of the Market Value of all the outstanding Loaned Securities subject to such Loans (a “Margin Deficit”), Borrower shall deposit additional Collateral in the Custody Account no later than the Close of Business on the next Business Day so that the Market Value of such additional Collateral, when added to the Market Value of the other Collateral for such Loan, shall at least equal or exceed the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon the instruction of such Agent or Trustee.
9.3. Subject to Borrower’s obligations under Section 9.1, if at any time the Market Value of all Collateral for Loans to Borrower shall be greater than the Margin Percentage of the Market Value of all the outstanding Loaned Securities subject to such Loans (a “Margin Excess”), Lender hereby authorizes the Custodian to reduce the amount of Collateral deposited in the Custody Account for the benefit of Lender and to pay the Margin Excess to Lender Borrower so that the Market Value of the Collateral for such Loans, after deduction of such amounts, shall thereupon not exceed the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Custodian shall transfer the Margin Excess under this Section upon the instruction of such Agent or Trustee as soon as reasonably practicable.
9.4. Borrower and Xxxxxx may agree, with respect to one or more Loans hereunder, to mark the values to market pursuant to Sections 9.2 and 9.3 by separately valuing the Loaned Securities lent and the Collateral held deposited in respect thereof on a Loan-by- Loan Loan‐by‐Loan basis.
9.5. Borrower and Lender may agree, with respect to any or all Loans hereunder, that the respective rights of Xxxxxx and Borrower under Sections 9.2 and 9.3 may be exercised only where a Margin Excess or Margin Deficit exceeds a specified dollar amount or a specified percentage of the Market Value of the Loaned Securities under such Loans (which amount or percentage shall be agreed to by Borrower and Lender prior to entering into any such Loans).
Appears in 1 contract
Samples: Master Securities Lending Agreement
Mark to Market. 9.1. 9.1 If Lender is a Customer, Borrower shall daily xxily mark to market any Loan hereunder and in the event that at the xxx Close of Trading on any Business Day the Market Value of the Collateral for any Loan to Borrower shall be less than 100% of the Market Value of all the outstanding Loaned Securities subject to such Loan, Borrower shall deposit transfer additional Collateral into the Custody Account no later than the Close of Business on the next Business Day so that the Market Value of such additional Collateral, when added to the Market Value of the other Collateral for such Loan, shall equal at least 100% of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon the.
9.2. 9.2 In addition to any rights of Lender under Section 9.1 of this Agreement9.1, if at any time the aggregate Market Value of all Collateral for Loans by Lender shall be less than the Margin Percentage of the Market Value of all the outstanding Loaned Securities subject to such Loans (a “"Margin Deficit”"), Lender may, by notice to Borrower, demand that Borrower shall deposit transfer to Lender additional Collateral in the Custody Account no later than the Close of Business on the next Business Day so that the Market Value of such additional Collateral, when added to the Market Value of the all other Collateral for such LoanLoans, shall equal or exceed the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon the instruction of such Agent or Trustee.
9.3. 9.3 Subject to Borrower’s 's obligations under Section 9.1, if at any time the Market Value of all Collateral for Loans to Borrower shall be greater than the Margin Percentage of the Market Value of all the outstanding Loaned Securities subject to such Loans (a “"Margin Excess”"), Borrower may, by notice to Lender, demand that Lender hereby authorizes the Custodian transfer to reduce the Borrower such amount of the Collateral deposited in the Custody Account for Lender and to pay the Margin Excess to Lender selected by Borrower so that the Market Value of the Collateral for such Loans, after deduction of such amounts, shall thereupon not exceed the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Custodian shall transfer the Margin Excess under this Section upon the instruction of such Agent or Trustee as soon as reasonably practicable.
9.4. 9.4 Borrower and Xxxxxx Lender may agree, with respect to one or more Loans hereunder, to mark the values to market pursuant to Sections 9.2 and 9.3 by xx separately valuing the Loaned Securities lent and the Collateral held given in respect thereof on a Loan-by- by-Loan basis.
9.5. 9.5 Borrower and Lender may agree, with respect to any or all Loans hereunder, that the respective rights of Xxxxxx Lender and Borrower under Sections 9.2 and 9.3 may be exercised only where a Margin Excess or Margin Deficit exceeds a specified dollar amount or a specified percentage of the Market Value of the Loaned Securities under such Loans (which amount or percentage shall be agreed to by Borrower and Lender prior to entering into any such Loans).
9.6 If any notice is given by Borrower or Lender under Sections 9.2 or 9.3 at or before the Margin Notice Deadline on any day on which a transfer of Collateral may be effected in accordance with Section 15, the party receiving such notice shall transfer Collateral as provided in such Section no later than the Close of Business on such day. If any such notice is given after the Margin Notice Deadline, the party receiving such notice shall transfer such Collateral no later than the Close of Business on the next Business Day following the day of such notice.
Appears in 1 contract
Samples: Master Securities Loan Agreement (Nortel Networks Corp)
Mark to Market. 9.1. Borrower 8.1 Xxxrower shall daily mark to market any Loan hereunder hxxxxnder and in the event that at the Close close of Trading trading on any Business Day the Market Value market value of the Collateral for any Loan to Borrower shall be less than 100% of the Market Value market value of all the outstanding Loaned Securities subject to such Loan, Borrower shall deposit transfer additional Collateral into the Custody Account no later than the Close close of Business on the next Business Day so that the Market Value market value of such additional Collateral, when added to the Market Value market value of the other Collateral for such Loan, shall equal at least 100% of the Market Value market value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon the.
9.2. 8.2 In addition to any rights of Lender under Section 9.1 8.1, in the event that at the close of this Agreement, if at trading on any time Business Day the aggregate Market Value market value of all Collateral for Loans by Lender shall be less than the Margin Percentage of the Market Value market value of all the outstanding Loaned Securities subject to such Loans (a “"Margin Deficit”"), Lender may, by notice to Borrower, demand that Borrower shall deposit transfer to Lender additional Collateral in the Custody Account no later than the Close of Business on the next Business Day so that the Market Value market value of such additional Collateral, when added to the Market Value market value of the all other Collateral for such LoanLoans, shall equal or exceed the agreed upon Margin Percentage of the Market Value market value of the Loaned Securities. If Unless otherwise agreed, such transfer is to be made no later than the movement close of Collateral is subject the next Business Day following the day of Lender's notice to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon the instruction of such Agent or TrusteeBorrower.
9.3. Subject to Borrower’s obligations under Section 9.1, if 8.3 in the event that at the close of trading on any time Business Day the Market Value market value of all Collateral for Loans to Borrower shall be greater than the Margin Percentage of the Market Value market value of all the outstanding Loaned Securities subject to such Loans (a “"Margin Excess”"), Borrower may, by notice to Lender, demand that Lender hereby authorizes the Custodian transfer to reduce the Borrower such amount of the Collateral deposited in the Custody Account for Lender and to pay the Margin Excess to Lender selected by Borrower so that the Market Value market value of the Collateral for such Loans, after deduction of such amounts, shall thereupon not exceed the Margin Percentage of the Market Value market value of the Loaned Securities. If Unless otherwise agreed, such transfer is to be made no later than the movement close of Collateral is subject the next Business Day following the day of Borrower's notice to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Custodian shall transfer the Margin Excess under this Section upon the instruction of such Agent or Trustee as soon as reasonably practicableLender.
9.4. 8.4 Borrower and Xxxxxx Lender may agree, with respect to one or more Loans hereunder, to mark the values to market pursuant xxrsuant to Sections 9.2 8.2 and 9.3 8.3 by separately valuing the Loaned Securities lent and the Collateral held given in respect thereof on a Loan-by- Loan basis.
9.5. 8.5 Borrower and Lender may agree, with respect to any or all Loans hereunder, that the respective rights of Xxxxxx Lender and Borrower under Sections 9.2 8.2 and 9.3 8.3 may be exercised only where a Margin Excess or Margin Deficit exceeds a specified dollar amount or a specified percentage of the Market Value market value of the Loaned Securities under such Loans (which amount or percentage shall be agreed to by Borrower and Lender prior to entering into any such Loans).
Appears in 1 contract
Samples: Master Securities Loan Agreement (Western & Southern Life Insurance Co)
Mark to Market. 9.1. Borrower shall daily mark to market any Loan hereunder and in the event that at the Close of Trading on any Business Day the Market Value of the Collateral for any Loan to Borrower shall be less than 100% of the Market Value of all the outstanding Loaned Securities subject to such Loan, Borrower shall deposit additional Collateral into the Custody Account no later than the Close of Business on the next Business Day so that the Market Value of such additional Collateral, when added to the Market Value of the other Collateral for such Loan, shall equal at least 100% of the Market Value of the Loaned Securities. 9.1 If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon the
9.2. In addition to any rights of Lender under Section 9.1 of this Agreement, if at any time the aggregate Market Value of all Collateral for Loans by Lender shall be less than the Margin Percentage of the Market Value of all the outstanding Loaned Securities subject to such Loans (a “Margin Deficit”), Borrower shall deposit transfer additional Collateral in the Custody Account no later than the Close of Business on the next Business Day so that the Market Value of such additional Collateral, when added to the Market Value of the all other Collateral for such LoanLoans, shall equal or exceed the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon the instruction of such Agent or Trustee.
9.3. Subject to Borrower’s obligations under Section 9.1, if 9.2 If at any time the Market Value of all Collateral for Loans to Borrower shall be greater than the Margin Percentage of the Market Value of all the outstanding Loaned Securities subject to such Loans (a “Margin Excess”), Lender hereby authorizes the Custodian Borrower to reduce the transfer to Borrower such amount of the Collateral deposited in the Custody Account for Lender and to pay the Margin Excess to Lender selected by Borrower so that the Market Value of the Collateral for such Loans, after deduction of such amounts, shall thereupon not exceed the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Custodian shall transfer the Margin Excess under this Section upon the instruction of such Agent or Trustee as soon as reasonably practicable.
9.4. Borrower 9.3 Xxxxxxxx and Xxxxxx may agree, with respect to one or more Loans hereunder, to mark the values to market pursuant to Sections 9.1 and 9.2 and 9.3 by separately valuing the Loaned Securities lent and lentand the Collateral held given in respect thereof on a Loan-by- by-Loan basis.
9.5. 9.4 Borrower and Lender may agree, with respect to any or all Loans hereunder, that the respective rights of Xxxxxx and Borrower under Sections 9.1 and 9.2 and 9.3 may be exercised only where a Margin Excess or Margin Deficit exceeds a specified dollar amount or a specified percentage of the Market Value of the Loaned Securities under such Loans (which amount or percentage shall be agreed to by Borrower and Lender prior to entering into any such Loans).
Appears in 1 contract
Samples: Securities Lending Agreement
Mark to Market. 9.1. Borrower 10.1 ETS shall daily mark to market any Loan hereunder hereunder, and in the event that at the Close of Trading on any Business Day the Market Value of the Collateral for any Loan to Borrower ETS shall be less than 100% 102 percent of the Market Value of all the outstanding Loaned Securities subject to such Loan, Borrower ETS shall deposit transfer additional Collateral into the Custody Account no later than the Close of Business on the next Business Day so that the Market Value of such additional Collateral, when added to the Market Value of the other Collateral for such Loan, shall equal at least 100% 102 percent of the Market Value of the Loaned Securities. If On a daily basis, ETS shall provide Collateral Agent and the movement Xxxxx xxxx-to-market information identifying the amount of Collateral is that ETS pledges to Lender for the Loans hereunder. Collateral Agent may rely upon, and be fully protected in relying upon, such mark-to-market information provided by ETS which Collateral Agent reasonably believes to be genuine. Collateral Agent shall have no obligation to determine or verify whether any such Collateral equals or exceeds 102 percent of the Market Value of all the outstanding Loaned Securities subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon theLoans hereunder.
9.2. In addition to any rights of Lender under Section 9.1 of this Agreement, if 10.2 If at any time the aggregate Market Value of all Collateral for Loans by Lender shall be less than the Margin Percentage of the Market Value of all the outstanding Loaned Securities subject to such Loans (a “Margin Deficit”), Borrower ETS shall deposit transfer additional Collateral in the Custody Account no later than the Close of Business on the next Business Day so that the Market Value of such additional Collateral, when added to the Market Value of the other Collateral for such Loan, shall equal or exceed the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon the instruction of such Agent or Trustee.
9.3. 10.3 Subject to Borrower’s ETS’ obligations under Section 9.110.1, if at any time the Market Value of all Collateral for Loans to Borrower ETS shall be greater than the Margin Percentage of the Market Value of all the outstanding Loaned Securities subject to such Loans (a “Margin Excess”), Lender hereby authorizes the Custodian Collateral Agent to reduce the transfer to ETS such amount of the Collateral deposited in the Custody Account for Lender and to pay the Margin Excess to Lender selected by ETS so that long as the Market Value of the Collateral for such Loans, after deduction of such amounts, shall thereupon not exceed be less than the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Custodian shall transfer the Margin Excess under this Section upon the instruction of such Agent or Trustee as soon as reasonably practicable.
9.4. Borrower and Xxxxxx may agree, with respect to one or more Loans hereunder, to mark the values to market pursuant to Sections 9.2 and 9.3 by separately valuing the Loaned Securities lent and the Collateral held in respect thereof on a Loan-by- Loan basis.
9.5. Borrower and Lender may agree, with respect to any or all Loans hereunder, that the respective rights of Xxxxxx and Borrower under Sections 9.2 and 9.3 may be exercised only where a Margin Excess or Margin Deficit exceeds a specified dollar amount or a specified percentage of the Market Value of the Loaned Securities under such Loans (which amount or percentage shall be agreed to by Borrower and Lender prior to entering into any such Loans).
Appears in 1 contract
Samples: Master Securities Lending Agreement
Mark to Market. 9.1. Borrower shall daily mark to market any Loan hereunder and in (a) Xx xt the event that at the Close close of Trading trading on any Business Day during the Loan Availability Period the aggregate Market Value of the all Collateral for any Loan to Borrower shall be less than 100% the Collateral Percentage of the Market Value of all the outstanding Loaned Securities subject Shares (a "COLLATERAL DEFICIT"), Lender may, by notice to such LoanBorrower and Collateral Agent, demand that Borrower shall transfer to Collateral Agent, for deposit additional to the Collateral into the Custody Account Account, no later than the Close of following Business on the next Business Day Day, additional Collateral so that the Market Value of such additional Collateral, when added to the Market Value of the all other Collateral for such LoanCollateral, shall equal at least 100% or exceed the Collateral Percentage of the Market Value of the Loaned Securities. Shares on such Business Day of determination.
(b) If at the movement close of Collateral is subject to trading on any Business Day during the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon the
9.2. In addition to any rights of Lender under Section 9.1 of this Agreement, if at any time Loan Availability Period the aggregate Market Value of all Collateral for Loans by Lender shall be less greater than the Margin Collateral Percentage of the Market Value of all the outstanding Loaned Securities subject to such Loans Shares (a “Margin Deficit”"COLLATERAL EXCESS"), Borrower shall deposit additional may, by notice to Lender and Collateral in the Custody Account no later than the Close of Business on the next Business Day so Agent, demand that the Market Value of Collateral Agent transfer to Borrower such additional Collateral, when added to the Market Value amount of the other Collateral for such Loan, shall equal or exceed the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, selected by Borrower may deposit the Collateral under this Section upon the instruction of such Agent or Trustee.
9.3. Subject to Borrower’s obligations under Section 9.1, if at any time the Market Value of all Collateral for Loans to Borrower shall be greater than the Margin Percentage of the Market Value of all the outstanding Loaned Securities subject to such Loans (a “Margin Excess”), Lender hereby authorizes the Custodian to reduce the amount of Collateral deposited in the Custody Account for Lender and to pay the Margin Excess to Lender so that the Market Value of the Collateral for such LoansCollateral, after deduction of such amounts, shall thereupon not exceed be at least equal to the Margin Collateral Percentage of the Market Value of the Loaned Securities. If the movement Shares on such Business Day of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Custodian shall transfer the Margin Excess under this Section upon the instruction of such Agent or Trustee as soon as reasonably practicabledetermination.
9.4. Borrower and Xxxxxx may agree, with respect to one or more Loans hereunder, to mark (c) Notwithstanding the values to market pursuant to Sections 9.2 and 9.3 by separately valuing the Loaned Securities lent and the Collateral held in respect thereof on a Loan-by- Loan basis.
9.5. Borrower and Lender may agreeforegoing, with respect to any or all outstanding Loans hereundersecured by Collateral, that the respective rights of Xxxxxx Lender and Borrower under Sections 9.2 Section 4(a) and 9.3 Section 4(b) may be exercised only where a Margin Collateral Excess or Margin Collateral Deficit exceeds a specified dollar amount or a specified percentage 2% of the Market Value of the Loaned Securities under such Loans (which amount or percentage shall be agreed to by Borrower and Lender prior to entering into any such Loans)Shares.
Appears in 1 contract
Mark to Market. 9.1. Borrower shall daily at all times monitor and mark to market any Loan hereunder and in the event that at the Close of Trading on any Business Day the Market Value of the Collateral for any Loan to Borrower shall be is less than 100% of the Market Value of Margin Threshold applicable to all the outstanding Loaned Securities Cryptocurrency subject to such Loan, Borrower shall deposit immediately transfer additional Collateral into the Custody Account no later than the Close of Business on the next Business Day so that the Market Value of such additional Collateral, when added to the Market Value of the other Collateral for such Loan, shall equal at least 100% of be not less than Margin Threshold. As agreed by the Market Value of parties or if Lender determines in its sole discretion that applicable laws or market circumstances so require, the Loaned Securities. If the movement of Borrower shall deposit additional Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon thegreater than Margin Threshold.
9.27.4.1. In addition to any rights of Lender under Section 9.1 of this AgreementClause 7.4, if at any time the aggregate Market Value of all Collateral for Loans by Lender shall be less than the Margin Percentage Threshold of the Market Value of all the outstanding Loaned Securities Cryptocurrency subject to such Loans (a “"Margin Deficit”"), Borrower shall deposit immediately transfer additional Collateral in the Custody Account no later than the Close of Business on the next Business Day so that the Market Value of such additional Collateral, when added to the Market Value of the other Collateral for such Loan, shall be equal or exceed the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon the instruction of such Agent or TrusteeThreshold.
9.37.4.2. Subject to Borrower’s obligations under Section 9.1Clause 7.4, if at any time the Market Value of all Collateral for Loans to Borrower shall be greater than the Margin Percentage Threshold of the Market Value of all the outstanding Loaned Securities Cryptocurrency subject to such Loans (a “"Margin Excess”"), Lender hereby authorizes the Custodian Borrower and/or NIMERA (as applicable) to reduce the transfer to Borrower such amount of the Collateral deposited in the Custody Account for Lender and to pay the Margin Excess to Lender selected by Borrower so that the Market Value of the Collateral for such Loans, after deduction of such amounts, shall thereupon not exceed the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Custodian shall transfer the Margin Excess under this Section upon the instruction of such Agent or Trustee as soon as reasonably practicableThreshold.
9.4. Borrower and Xxxxxx may agree, with respect to one or more Loans hereunder, to mark the values to market pursuant to Sections 9.2 and 9.3 by separately valuing the Loaned Securities lent and the Collateral held in respect thereof on a Loan-by- Loan basis.
9.5. Borrower and Lender may agree, with respect to any or all Loans hereunder, that the respective rights of Xxxxxx and Borrower under Sections 9.2 and 9.3 may be exercised only where a Margin Excess or Margin Deficit exceeds a specified dollar amount or a specified percentage of the Market Value of the Loaned Securities under such Loans (which amount or percentage shall be agreed to by Borrower and Lender prior to entering into any such Loans).
Appears in 1 contract
Samples: Framework Agreement
Mark to Market. 9.1. Borrower shall daily mark to market any Loan hereunder and in the event that at the Close of Trading on any Business Day the Market Value of the Collateral for any Loan to Borrower shall be less than 100% of the Market Value of all the outstanding Loaned Securities subject to such Loan, Borrower shall deposit additional Collateral into the Custody Account no later than the Close of Business on the next Business Day so that the Market Value of such additional Collateral, when added to the Market Value of the other Collateral for such Loan, shall equal at least 100% of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon thethe instruction of such Agent or Trustee. As agreed by the parties or if Borrower determines in its discretion that applicable laws or market custom so require, Borrower will hold additional collate- ral greater than 100% of the market value of the Loaned Securities.
9.2. In addition to any rights of Lender under Section 9.1 of this Agreement, if at any time the aggregate Market Value of all Collateral Collate- ral for Loans by Lender shall be less than the Margin Percentage of the Market Value of all the outstanding Loaned Securities subject to such Loans (a “Margin Deficit”), Borrower shall deposit additional Collateral in the Custody Account no later than the Close of Business on the next Business Day so that the Market Value of such additional Collateral, when added to the Market Value of the other Collateral for such Loan, shall equal or exceed the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon the instruction of such Agent or Trustee.
9.3. Subject to Borrower’s obligations under Section 9.1, if at any time the Market Value of all Collateral for Loans to Borrower shall be greater than the Margin Percentage of the Market Value of all the outstanding Loaned Securities subject to such Loans (a “Margin Excess”), Lender hereby authorizes the Custodian to reduce the amount of Collateral deposited in the Custody Account for Lender and to pay the Margin Excess MarginExcess to Lender so that the Market Value of the Collateral for such Loans, after deduction of such amounts, shall thereupon not exceed the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Custodian shall transfer the Margin Excess under this Section upon the instruction of such Agent or Trustee as soon as reasonably reasona- xxx practicable.
9.4. Borrower and Xxxxxx may agree, with respect to one or more Loans hereunder, to mark the values to market pursuant to Sections 9.2 and 9.3 by separately valuing the Loaned Securities lent and the Collateral held in respect thereof on a Loan-by- by-Loan basis.
9.5. Borrower and Lender may agree, with respect to any or all Loans hereunder, that the respective rights of Xxxxxx and Borrower under Sections 9.2 and 9.3 may be exercised only where a Margin Excess or Margin Deficit exceeds a specified dollar amount or a specified percentage of the Market Value of the Loaned Securities under such Loans (which amount or percentage shall be agreed to by Borrower and Lender prior to entering into any such Loans).
Appears in 1 contract
Samples: Master Securities Lending Agreement
Mark to Market. 9.11. If Lender is a Customer, Borrower shall daily mark to market any Loan hereunder and in the event that at the Close of Trading on any Business Day the Market Value of the Collateral for any Loan to Borrower shall be less than 100% of the Market Value of all the outstanding Loaned Securities subject to such Loan, Borrower shall deposit transfer additional Collateral into the Custody Account no later than the Close of Business on the next Business Day so that the Market Value of such additional Collateral, when added to the Market Value of the other Collateral for such Loan, shall equal at least 100% of the Market Value of the Loaned Securities. If As agreed by the movement of Collateral is subject to the instruction of an Agent parties or Trustee, as set out Section 4.1 of this Agreementif Borrower determines in its discretion that applicable laws or market custom so require, Borrower may deposit additional collateral greater than 100% of the Collateral under this Section upon themarket value of the Loaned Securities.
9.22. In addition to any rights of Lender under Section 9.1 of this Agreement9.1, if at any time the aggregate Market Value of all Collateral for Loans by Lender shall be less than the Margin Percentage of the Market Value of all the outstanding Loaned Securities subject to such Loans (a “"Margin Deficit”"), Borrower shall deposit transfer additional Collateral in the Custody Account no later than the Close of Business on the next Business Day so that the Market Value of such additional Collateral, when added to the Market Value of the other Collateral for such Loan, shall equal or exceed the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon the instruction of such Agent or Trustee.
9.33. Subject to Borrower’s 's obligations under Section 9.1, if at any time the Market Value of all Collateral for Loans to Borrower shall be greater than the Margin Percentage of the Market Value of all the outstanding Loaned Securities subject to such Loans (a “"Margin Excess”"), Lender hereby authorizes the Custodian Borrower to reduce the transfer to Borrower such amount of the Collateral deposited in the Custody Account for Lender and to pay the Margin Excess to Lender selected by Borrower so that the Market Value of the Collateral for such Loans, after deduction of such amounts, shall thereupon not exceed the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Custodian shall transfer the Margin Excess under this Section upon the instruction of such Agent or Trustee as soon as reasonably practicable.
9.44. Borrower and Xxxxxx may agree, with respect to one or more Loans hereunder, to mark the values to market pursuant to Sections 9.2 and 9.3 by separately valuing the Loaned Securities lent and the Collateral held given in respect thereof on a Loan-by- by-Loan basis.
9.55. Borrower and Lender may agree, with respect to any or all Loans hereunder, that the respective rights of Xxxxxx and Borrower under Sections 9.2 and 9.3 may be exercised only where a Margin Excess or Margin Deficit exceeds a specified dollar amount or a specified percentage of the Market Value of the Loaned Securities under such Loans (which amount or percentage shall be agreed to by Borrower and Lender prior to entering into any such Loans).
Appears in 1 contract
Samples: Master Securities Lending Agreement
Mark to Market. 9.1. 8.1 Borrower shall daily mark to market maxxxx any Loan hereunder and in the event that evexx xhat at the Close close of Trading trading on any Business Day the Market Value market value of the Collateral for any Loan to Borrower shall be less than 100% of the Market Value market value of all the outstanding Loaned Securities subject to such Loan, Borrower shall deposit transfer additional Collateral into the Custody Account no later than the Close close of Business on the next Business Day so that the Market Value market value of such additional Collateral, May 1993 - Master Securities Loan Agreement - 5 when added to the Market Value market value of the other Collateral for such Loan, shall equal at least 100% of the Market Value market value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon the.
9.2. 8.2 In addition to any rights of Lender under Section 9.1 8.1, in the event that at the close of this Agreement, if at trading on any time Business Day the aggregate Market Value market value of all Collateral for Loans by Lender shall be less than the Margin Percentage of the Market Value market value of all the outstanding Loaned Securities subject to such Loans (a “"Margin Deficit”"), Lender may, by notice to Borrower, demand that Borrower shall deposit transfer to Lender additional Collateral in the Custody Account no later than the Close of Business on the next Business Day so that the Market Value market value of such additional Collateral, when added to the Market Value market value of the all other Collateral for such LoanLoans, shall equal or exceed the agreed upon Margin Percentage of the Market Value market value of the Loaned Securities. If Unless otherwise agreed, such transfer is to be made no later than the movement close of Collateral is subject the next Business Day following the day of Lender's notice to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon the instruction of such Agent or TrusteeBorrower.
9.3. Subject to Borrower’s obligations under Section 9.1, if 8.3 In the event that at the close of trading on any time Business Day the Market Value market value of all Collateral for Loans to Borrower shall be greater than the Margin Percentage of the Market Value market value of all the outstanding Loaned Securities subject to such Loans (a “"Margin Excess”"), Borrower may, by notice to Lender, demand that Lender hereby authorizes the Custodian transfer to reduce the Borrower such amount of the Collateral deposited in the Custody Account for Lender and to pay the Margin Excess to Lender selected by Borrower so that the Market Value market value of the Collateral for such Loans, after deduction of such amounts, shall thereupon not exceed the Margin Percentage of the Market Value market value of the Loaned Securities. If Unless otherwise agreed, such transfer is to be made no later than the movement close of Collateral is subject the next Business Day following the day of Borrower's notice to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Custodian shall transfer the Margin Excess under this Section upon the instruction of such Agent or Trustee as soon as reasonably practicableLender.
9.4. 8.4 Borrower and Xxxxxx Lender may agree, with respect to one or more Loans hereunder, to mark the values to market pursuant to Sections 9.2 8.2 and 9.3 8.3 by separately valuing the Loaned Securities lent and the Collateral held given in respect thereof on a Loan-by- by-Loan basis.
9.5. 8.5 Borrower and Lender may agree, with respect to any or all Loans hereunder, that the respective rights of Xxxxxx Lender and Borrower under Sections 9.2 8.2 and 9.3 8.3 may be exercised only where a Margin Excess or Margin Deficit exceeds a specified dollar amount or a specified percentage of the Market Value market value of the Loaned Securities under such Loans (which amount or percentage shall be agreed to by Borrower and Borrowing Lender prior to entering into any such Loans).
Appears in 1 contract
Samples: Securities Lending Management Agreement (American Aadvantage Funds)
Mark to Market. 9.1. 9.1 If Lender is a Customer, Borrower shall daily dxxxx mark to market any Loan hereunder and in the event that at the xxx Close of Trading on any Business Day the Market Value of the Collateral for any Loan to Borrower shall be less than 100% of the Market Value of all the outstanding Loaned Securities subject to such Loan, Borrower shall deposit transfer additional Collateral into the Custody Account no later than the Close of Business on the next Business Day so that the Market Value of such additional Collateral, when added to the Market Value of the other Collateral for such Loan, shall equal at least 100% of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon the.
9.2. 9.2 In addition to any rights of Lender under Section 9.1 of this Agreement9. 1, if at any time the aggregate Market Value of all Collateral for Loans by Lender shall be less than the Margin Percentage of the Market Value of all the outstanding Loaned Securities subject to such Loans (a “"Margin Deficit”"), Lender may, by notice to Borrower, demand that Borrower shall deposit transfer to Lender additional Collateral in the Custody Account no later than the Close of Business on the next Business Day so that the Market Value of such additional Collateral, when added to the Market Value of the all other Collateral for such LoanLoans, shall equal or exceed the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon the instruction of such Agent or Trustee.
9.3. 9.3 Subject to Borrower’s 's obligations under Section 9.19. 1, if at any time the Market Value of all Collateral for Loans to Borrower shall be greater than the Margin Percentage of the Market Value of all the outstanding Loaned Securities subject to such Loans (a “"Margin Excess”"), Borrower may, by notice to Lender, demand that Lender hereby authorizes the Custodian transfer to reduce the Borrower such amount of the Collateral deposited in the Custody Account for Lender and to pay the Margin Excess to Lender selected by Borrower so that the Market Value of the Collateral for such Loans, after deduction of such amounts, shall thereupon not exceed the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Custodian shall transfer the Margin Excess under this Section upon the instruction of such Agent or Trustee as soon as reasonably practicable.
9.4. 9.4 Borrower and Xxxxxx Lender may agree, with respect to one or more Loans hereunder, to mark the values to market pursuant to Sections 9.2 and 9.3 by xx separately valuing the Loaned Securities lent and the Collateral held given in respect thereof on a Loan-by- by-Loan basis.
9.5. 9.5 Borrower and Lender may agree, with respect to any or all Loans hereunder, that the respective rights of Xxxxxx Lender and Borrower under Sections 9.2 and 9.3 may be exercised only where a Margin Excess or Margin Deficit exceeds a specified dollar amount or a specified percentage of the Market Value of the Loaned Securities under such Loans (which amount or percentage shall be agreed to by Borrower and Lender prior to entering into any such Loans).
9.6 If any notice is given by Borrower or Lender under Sections 9.2 or 9.3 at or before the Margin Notice Deadline on any day on which a transfer of Collateral may be effected in accordance with Section 15, the party receiving such notice shall transfer Collateral as provided in such Section no later than the Close of Business on such day. If any such notice is given after the Margin Notice Deadline, the party receiving such notice shall transfer such Collateral no later than the Close of Business on the next Business Day following the day of such notice.
Appears in 1 contract
Samples: Master Securities Loan Agreement (Thermo Electron Corp)
Mark to Market. 9.1. 9.1 If Lender is a Customer, Borrower shall daily mark xxxx to market any Loan hereunder and in the event that at the Close Xxxxe of Trading on any Business Day the Market Value of the Collateral for any Loan to Borrower shall be less than 100% of the Market Value of all the outstanding Loaned Securities subject to such Loan, Borrower shall deposit transfer additional Collateral into the Custody Account no later than the Close of Business on the next Business Day so that the Market Value of such additional Collateral, when added to the Market Value of the other Collateral for such Loan, shall equal at least 100% of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon the.
9.2. 9.2 In addition to any rights of Lender under Section 9.1 of this Agreement9.1, if at any time the aggregate Market Value of all Collateral for Loans by Lender shall be less than the Margin Percentage of the Market Value of all the outstanding Loaned Securities subject to such Loans (a “"Margin Deficit”"), Lender may, by notice to Borrower, demand that Borrower shall deposit transfer to Lender additional Collateral in the Custody Account no later than the Close of Business on the next Business Day so that the Market Value of such additional Collateral, when added to the Market Value of the all other Collateral for such LoanLoans, shall equal or exceed the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Borrower may deposit the Collateral under this Section upon the instruction of such Agent or Trustee.
9.3. 9.3 Subject to Borrower’s 's obligations under Section 9.1, if at any time the Market Value of all Collateral for Loans to Borrower shall be greater than the Margin Percentage of the Market Value of all the outstanding Loaned Securities subject to such Loans (a “"Margin Excess”"), Borrower may, by notice to Lender, demand that Lender hereby authorizes the Custodian transfer to reduce the Borrower such amount of the Collateral deposited in the Custody Account for Lender and to pay the Margin Excess to Lender selected by Borrower so that the Market Value of the Collateral for such Loans, after deduction of such amounts, shall thereupon not exceed the Margin Percentage of the Market Value of the Loaned Securities. If the movement of Collateral is subject to the instruction of an Agent or Trustee, as set out Section 4.1 of this Agreement, Custodian shall transfer the Margin Excess under this Section upon the instruction of such Agent or Trustee as soon as reasonably practicable.
9.4. 9.4 Borrower and Xxxxxx Lender may agree, with respect to one or more Loans hereunder, to mark the values to market pursuant to Sections 9.2 and 9.3 by separately separaxxxx valuing the Loaned Securities lent and the Collateral held given in respect thereof on a Loan-by- by-Loan basis.
9.5. 9.5 Borrower and Lender may agree, with respect to any or all Loans hereunder, that the respective rights of Xxxxxx Lender and Borrower under Sections 9.2 and 9.3 may be exercised only where a Margin Excess or Margin Deficit exceeds a specified dollar amount or a specified percentage of the Market Value of the Loaned Securities under such Loans (which amount or percentage shall be agreed to by Borrower and Lender prior to entering into any such Loans).
9.6 If any notice is given by Borrower or Lender under Sections 9.2 or 9.3 at or before the Margin Notice Deadline on any day on which a transfer of Collateral may be effected in accordance with Section 15, the party receiving such notice shall transfer Collateral as provided in such Section no later than the Close of Business on such day. If any such notice is given after the Margin Notice Deadline, the party receiving such notice shall transfer such Collateral no later than the Close of Business on the next Business Day following the day of such notice.
Appears in 1 contract
Samples: Master Securities Loan Agreement (Thermo Electron Corp)