Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans under the Agreement as transactions on behalf of separate Principals. (b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section 2(b) of this Annex, notice specifying the portion of each Loan allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan is allocable to the account of more than one Principal), (ii) the portion of any individual Loan allocable to each Principal shall be deemed a separate Loan under the Agreement, (iii) the xxxx to market obligations of Borrower and Lender under the Agreement shall be determined on a Loan-by-Loan basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), and (iv) Borrower's and Lender's remedies under the Agreement upon the occurrence of a Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals. (c) In the event that Agent and the other party elect to treat Loans under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's notice under Section 2(b) of this Annex need only identify the names of its Principals but not the portion of each Loan allocable to each Principal's account, (ii) the xxxx to market obligations of Borrower and Lender under the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans entered into by Agent on behalf of any Principal, and (iii) Borrower's and Lender's remedies upon the occurrence of a Default shall be determined as if all Principals were a single Lender or Borrower, as the case may be. (d) Notwithstanding any other provision of the Agreement (including, without limitation, this Annex), the parties agree that any transactions by Agent on behalf of a Plan shall be treated as transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex (and all xxxx to market obligations of the parties shall be determined on a Loan-by-Loan basis).
Appears in 11 contracts
Samples: Master Securities Loan Agreement (iShares MSCI Russia Capped Index Fund, Inc.), Master Securities Loan Agreement (iSHARES INC), Securities Lending Agency Agreement (Wells Fargo Variable Trust)
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans Transactions under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans Transactions as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans Transactions under the Agreement as transactions on behalf of separate Principalsa single Principal.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section 2(b) of this AnnexAnnex I, notice specifying the portion of each Loan Transaction allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan Transaction is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan Transaction allocable to each Principal shall be deemed a separate Loan Transaction under the Agreement, ; (iii) the xxxx to market margin maintenance obligations of Borrower and Lender Seller under Section 6(a) of the Agreement shall be determined on a LoanTransaction-by-Loan Transaction basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), ; and (iv) Borrower's and Lender's Buyer’s remedies under the Agreement upon the occurrence of a an Event of Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans Transactions under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's ’s notice under Section 2(b) of this Annex I need only identify the names of its Principals but not the portion of each Loan Transaction allocable to each Principal's ’s account, ; (ii) the xxxx to market margin maintenance obligations of Borrower and Lender Seller under Section 6(a) of the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans Transactions entered into by Agent on behalf of any Principal, ; and (iii) Borrower's and Lender's Buyer’s remedies upon the occurrence of a an Event of Default shall be determined as if all Principals were a single Lender or Borrower, as the case may beBuyer.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this AnnexAnnex I), the parties agree that any transactions Transactions by Agent on behalf of a Plan an employee benefit plan under ERISA shall be treated as transactions Transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex I (and all xxxx to market margin maintenance obligations of the parties shall be determined on a LoanTransaction-by-Loan Transaction basis).
Appears in 10 contracts
Samples: Master Repurchase Agreement (Caliber Home Loans, Inc.), Master Repurchase Agreement (Sirva Inc), Master Repurchase Agreement (Walter Investment Management Corp)
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans Transactions under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans Transactions as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section Paragraph 2(b) of this AnnexAnnex IV, notice specifying the portion of each Loan Transaction allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan Transaction is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan Transaction allocable to each Principal shall be deemed a separate Loan Transaction under the Agreement, ; (iii) the xxxx to market margin maintenance obligations of Borrower Buyer and Lender Seller under Paragraph 4 of the Agreement shall be determined on a LoanTransaction-by-Loan Transaction basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), ; and (iv) Borrower's Buyer’s and Lender's Seller’s remedies under the Agreement upon the occurrence of a an Event of Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans Transactions under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's ’s notice under Section Paragraph 2(b) of this Annex IV need only identify the names of its Principals but not the portion of each Loan Transaction allocable to each Principal's ’s account, ; (ii) the xxxx to market margin maintenance obligations of Borrower Buyer and Lender Seller under Paragraph 4 of the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans Transactions entered into by Agent on behalf of any Principal, ; and (iii) Borrower's Buyer’s and Lender's Seller’s remedies upon the occurrence of a an Event of Default shall be determined as if all Principals were a single Lender Seller or BorrowerBuyer, as the case may be.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this AnnexAnnex IV), the parties agree that any transactions Transactions by Agent on behalf of a Plan an employee benefit plan under ERISA shall be treated as transactions Transactions on behalf of separate Principals in accordance with Section Paragraph 4(b) of this Annex IV (and all xxxx to market margin maintenance obligations of the parties shall be determined on a LoanTransaction-by-Loan Transaction basis).
Appears in 9 contracts
Samples: Bond Market Association Master Repurchase Agreement (NexPoint Credit Strategies Fund), Master Repurchase Agreement (Five Oaks Investment Corp.), Master Repurchase Agreement (Aether Systems Inc)
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans under the Agreement as transactions on behalf of separate Principals.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section 2(b) of this Annex, notice specifying the portion of each Loan allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan is allocable to the account of more than one Principal), (ii) the portion of any individual Loan allocable to each Principal shall be deemed a separate Loan under the Agreement, (iii) the xxxx to market obligations of Borrower and Lender under the Agreement shall be determined on a Loan-by-Loan basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), and (iv) Borrower's ’s and Lender's ’s remedies under the Agreement upon the occurrence of a Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's ’s notice under Section 2(b) of this Annex need only identify the names of its Principals but not the portion of each Loan allocable to each Principal's ’s account, (ii) the xxxx to market obligations of Borrower and Lender under the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans entered into by Agent on behalf of any Principal, and (iii) Borrower's ’s and Lender's ’s remedies upon the occurrence of a Default shall be determined as if all Principals were a single Lender or Borrower, as the case may be.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this Annex), the parties agree that any transactions by Agent on behalf of a Plan shall be treated as transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex (and all xxxx to market obligations of the parties shall be determined on a Loan-by-Loan basis).
Appears in 7 contracts
Samples: Master Securities Loan Agreement, Master Securities Loan Agreement (Northern Lights Fund Trust Ii), Loan Agreement (iShares MSCI Emerging Markets Small Cap Index Fund, Inc.)
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i1) to treat Loans Transactions under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans Transactions as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section Paragraph 2(b) of this AnnexAnnex IV, notice specifying the portion of each Loan Transaction allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan Transaction is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan Transaction allocable to each Principal shall be deemed a separate Loan Transaction under the Agreement, ; (iii) the xxxx to market margin maintenance obligations of Borrower Buyer and Lender Seller under Paragraph 4 of the Agreement shall be determined on a LoanTransaction-by-Loan Transaction basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), ; and (iv) Borrower's Buyer’s and Lender's Seller’s remedies under the Agreement upon the occurrence of a an Event of Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's notice under Section 2(b) of this Annex need only identify the names of its Principals but not the portion of each Loan allocable to each Principal's account, (ii) the xxxx to market obligations of Borrower and Lender under the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans entered into by Agent on behalf of any Principal, and (iii) Borrower's and Lender's remedies upon the occurrence of a Default shall be determined as if all Principals were a single Lender or Borrower, as the case may be.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this Annex), the parties agree that any transactions by Agent on behalf of a Plan shall be treated as transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex (and all xxxx to market obligations of the parties shall be determined on a Loan-by-Loan basis).
Appears in 3 contracts
Samples: Master Repurchase Agreement (Aether Systems Inc), Master Repurchase Agreement (Aether Systems Inc), Master Repurchase Agreement (Aether Systems Inc)
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans Transactions under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans Transactions as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans Transactions under the Agreement as transactions on behalf of separate Principalsa single Principal.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section 2(b) of this AnnexAnnex I, notice specifying the portion of each Loan Transaction allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan Transaction is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan Transaction allocable to each Principal shall be deemed a separate Loan Transaction under the Agreement, ; (iii) the xxxx to market margin maintenance obligations of Borrower and Lender Seller under Section 6(a) of the Agreement shall be determined on a Loan-by-Loan Transaction‑by‑Transaction basis (unless the parties agree to determine such obligations on a Principal-by-Principal Principal‑by‑Principal basis), ; and (iv) Borrower's and Lender's Buyer’s remedies under the Agreement upon the occurrence of a an Event of Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans Transactions under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's ’s notice under Section 2(b) of this Annex I need only identify the names of its Principals but not the portion of each Loan Transaction allocable to each Principal's ’s account, ; (ii) the xxxx to market margin maintenance obligations of Borrower and Lender Seller under Section 6(a) of the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans Transactions entered into by Agent on behalf of any Principal, ; and (iii) Borrower's and Lender's Buyer’s remedies upon the occurrence of a an Event of Default shall be determined as if all Principals were a single Lender or Borrower, as the case may beBuyer.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this AnnexAnnex I), the parties agree that any transactions Transactions by Agent on behalf of a Plan an employee benefit plan under ERISA shall be treated as transactions Transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex I (and all xxxx to market margin maintenance obligations of the parties shall be determined on a Loan-by-Loan Transaction‑by‑Transaction basis).
Appears in 3 contracts
Samples: Master Repurchase Agreement (PennyMac Mortgage Investment Trust), Master Repurchase Agreement (PennyMac Mortgage Investment Trust), Master Repurchase Agreement (Pennymac Financial Services, Inc.)
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans Transactions under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans Transactions as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section Paragraph 2(b) of this AnnexAnnex IV, notice specifying the portion of each Loan Transaction allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan Transaction is allocable to the account of more than one Principal), ; (ii) the portion of if any individual Loan Transaction allocable to each Principal shall be deemed a separate Loan Transaction under the Agreement, Agreement ; (iii) the xxxx to market margin maintenance obligations of Borrower Buyer and Lender Seller under Paragraph 4 of the Agreement shall be determined on a LoanTransaction-by-Loan Transaction basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), ; and (iv) Borrower's Buyer’s and Lender's Seller’s remedies under the Agreement upon the occurrence of a an Event of Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans Transactions under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's ’s notice under Section Paragraph 2(b) of this Annex IV need only identify the names of its Principals but not the portion of each Loan Transaction allocable to each Principal's ’s account, ; (ii) the xxxx to market margin maintenance obligations of Borrower Buyer and Lender Seller under Paragraph 4 of the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans Transactions entered into by Agent on behalf of any Principal, ; and (iii) Borrower's Buyer’s and Lender's Seller’s remedies upon the occurrence of a an Event of Default shall be determined as if all Principals were a single Lender Seller or BorrowerBuyer, as the case may be.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this AnnexAnnex IV), the parties agree that any transactions Transactions by Agent on behalf of a Plan an employee benefit plan under ERISA shall be treated as transactions Transactions on behalf of separate Principals in accordance with Section Paragraph 4(b) of this Annex IV (and all xxxx to market margin maintenance obligations of the parties shall be determined on a LoanTransaction-by-Loan Transaction basis).
Appears in 3 contracts
Samples: Master Repurchase Agreement (Aether Systems Inc), Master Repurchase Agreement (Aether Systems Inc), Master Repurchase Agreement (Aether Systems Inc)
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans Transactions under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans Transactions as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans Transactions under the Agreement as transactions on behalf of separate Principalsa single Principal.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section 2(b) of this AnnexAnnex I, notice specifying the portion of each Loan Transaction allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan Transaction is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan Transaction allocable to each Principal shall be deemed a separate Loan Transaction under the Agreement, ; (iii) the xxxx to market margin maintenance obligations of Borrower and Lender Seller under Section 6 of the Agreement shall be determined on a LoanTransaction-by-Loan Transaction basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), ; and (iv) Borrower's Buyer’s and Lender's Seller’s remedies under the Agreement upon the occurrence of a an Event of Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans Transactions under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's ’s notice under Section 2(b) of this Annex I need only identify the names of its Principals but not the portion of each Loan Transaction allocable to each Principal's ’s account, ; (ii) the xxxx to market margin maintenance obligations of Borrower and Lender Seller under Section 6 of the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans Transactions entered into by Agent on behalf of any Principal, ; and (iii) Borrower's Buyer’s and Lender's Seller’s remedies upon the occurrence of a an Event of Default shall be determined as if all Principals were a single Lender Seller or BorrowerBuyer, as the case may be.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this AnnexAnnex I), the parties agree that any transactions Transactions by Agent on behalf of a Plan an employee benefit plan under ERISA shall be treated as transactions Transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex I (and all xxxx to market margin maintenance obligations of the parties shall be determined on a Loan-Transaction- by-Loan Transaction basis).
Appears in 2 contracts
Samples: Master Repurchase Agreement (Spirit Finance Corp), Master Repurchase Agreement (Spirit Finance Corp)
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Borrower and Agent and the other party shall elect whether (i) to treat Loans under the this Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans under the this Agreement as transactions on behalf of separate Principals.
(b) In the event that Borrower and Agent and the other party elect (or are deemed to elect) to treat Loans under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other partyBorrower, together with the notice described in Section 2(b) of this Annex, notice specifying the portion of each Loan allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan allocable to each Principal shall be deemed a separate Loan under the Agreement, ; (iii) the xxxx to market obligations of Borrower and Lender under Section 8 of the Agreement shall be determined on a Loan-by-Loan basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), ; and (iv) Borrower's and Lender's remedies under the Agreement upon the occurrence of a Default shall be determined as if Agent had entered into a separate Agreement with the other party Borrower on behalf of each of its Principals.
(c) In the event that Borrower and Agent and the other party elect to treat Loans under the this Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's notice under Section 2(b) of this Annex need only identify the names of its Principals but not the portion of each Loan allocable to each Principal's account, ; (ii) the xxxx to market obligations of Borrower and Lender under the Agreement Section 8 shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans entered into by Agent on behalf of any Principal, ; and (iii) Borrower's and Lender's remedies upon the occurrence of a Default shall be determined as if all Principals were a single Lender or Borrower, as the case may beLender.
(d) Notwithstanding any other provision of the Agreement (including, including without limitation, limitation this Annex), the parties agree that any transactions by Agent on behalf of a Plan shall be treated as transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex (and all xxxx to market obligations of the parties shall be determined on a Loan-by-Loan basis).
Appears in 2 contracts
Samples: Securities Lending Management Agreement (American Aadvantage Funds), Master Securities Loan Agreement (Pain Therapeutics Inc)
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans Transactions under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans Transactions as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section Paragraph 2(b) of this AnnexAnnex IV, notice specifying the portion of each Loan Transaction allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan Transaction is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan Transaction allocable to each Principal shall be deemed a separate Loan Transaction under the Agreement, ; (iii) the xxxx to market margin maintenance obligations of Borrower Buyer and Lender Seller under Paragraph 4 of the Agreement shall be determined on a LoanTransaction-by-Loan Transaction basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), ; and (iv) Borrower's Buyer’s and Lender's Seller’s remedies under the Agreement upon the occurrence of a an Event of Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans Transactions under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's ’s notice under Section Paragraph 2(b) of this Annex IV need only identify the names of its Principals but not the portion of each Loan Transaction allocable to each Principal's ’s account, (ii) the xxxx to market margin maintenance obligations of Borrower Buyer and Lender Seller under Paragraph 4 of the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans Transactions entered into by Agent on behalf of any Principal, ; and (iii) Borrower's Buyer’s and Lender's Seller’s remedies upon the occurrence of a an Event of Default shall be determined as if all Principals were a single Lender Seller or BorrowerBuyer, as the case may be.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this AnnexAnnex IV), the parties agree that any transactions Transactions by Agent on behalf of a Plan an employee benefit plan under ERISA shall be treated as transactions Transactions on behalf of separate Principals in accordance with Section Paragraph 4(b) of this Annex IV (and all xxxx to market margin maintenance obligations of the parties shall be determined on a LoanTransaction-by-Loan Transaction basis).
Appears in 2 contracts
Samples: Master Repurchase Agreement (Provident Mortgage Capital Associates, Inc.), Master Repurchase Agreement (GSC Capital Corp)
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans Transactions under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans Transactions as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans Transactions under the Agreement as transactions on behalf of separate Principalsa single Principal.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section 2(b) of this AnnexAnnex I, notice specifying the portion of each Loan Transaction allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan Transaction is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan Transaction allocable to each Principal shall be deemed a separate Loan Transaction under the Agreement, ; (iii) the xxxx to market margin maintenance obligations of Borrower and Lender Seller under Section 6(a) of the Agreement shall be determined on a Loan-by-Loan Transaction by Transaction basis (unless the parties agree to determine such obligations on a Principal-by-Principal by Principal basis), ; and (iv) Borrower's and Lender's Buyer’s remedies under the Agreement upon the occurrence of a an Event of Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans Transactions under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's ’s notice under Section 2(b) of this Annex I need only identify the names of its Principals but not the portion of each Loan Transaction allocable to each Principal's ’s account, ; (ii) the xxxx to market margin maintenance obligations of Borrower and Lender Seller under Section 6(a) of the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans Transactions entered into by Agent on behalf of any Principal, ; and (iii) Borrower's and Lender's Buyer’s remedies upon the occurrence of a an Event of Default shall be determined as if all Principals were a single Lender or Borrower, as the case may beBuyer.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this AnnexAnnex I), the parties agree that any transactions Transactions by Agent on behalf of a Plan an employee benefit plan under ERISA shall be treated as transactions Transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex I (and all xxxx to market margin maintenance obligations of the parties shall be determined on a Loan-by-Loan Transaction by Transaction basis).
Appears in 2 contracts
Samples: Master Repurchase Agreement (PHH Corp), Master Repurchase Agreement (PHH Corp)
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans Transactions under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans Transactions as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans Transactions under the Agreement as transactions on behalf of separate Principalsa single Principal.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section 2(b) of this AnnexAnnex I, notice specifying the portion of each Loan Transaction allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan Transaction is allocable to the account of more than one Principalprincipal), ; (ii) the portion of any individual Loan Transaction allocable to each Principal shall be deemed a separate Loan Transaction under the Agreement, ; (iii) the xxxx to market margin maintenance obligations of Borrower and Lender Seller under Section 6(a) of the Agreement shall be determined on a LoanTransaction-by-Loan Transaction basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), ; and (iv) Borrower's Buyer’s and Lender's Seller’s remedies under the Agreement upon the occurrence of a an Event of Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans Transactions under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's ’s notice under Section 2(b) of this Annex I need only identify the names of its Principals but not the portion of each Loan Transaction allocable to each Principal's ’s account, ; (ii) the xxxx to market margin maintenance obligations of Borrower and Lender Seller under Section 6(a) of the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans Transactions entered into by Agent on behalf of any Principal, ; and (iii) Borrower's Buyer’s and Lender's Seller’s remedies upon the occurrence of a an Event of Default shall be determined as if all Principals were a single Lender Seller or BorrowerBuyer, as the case may be.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this AnnexAnnex I), the parties agree that any transactions Transactions by Agent on behalf of a Plan an employee benefit plan under ERISA shall be treated as transactions Transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex I (and all xxxx to market margin maintenance obligations of the parties shall be determined on a LoanTransaction-by-Loan Transaction basis).
Appears in 2 contracts
Samples: Master Repurchase Agreement (New Century Financial Corp), Master Repurchase Agreement (New Century Financial Corp)
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Borrower and Agent and the other party shall elect whether (i) to treat Loans under the this Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans under the this Agreement as transactions on behalf of separate Principals.
(b) In the event that Borrower and Agent and the other party elect (or are deemed to elect) to treat Loans under the Agreement as transactions on behalf of separate Principals, . the parties agree that (i) Agent will provide the other partyBorrower, together with the notice described in Section 2(b) of this Annex, notice specifying the portion of each Loan allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan allocable to each Principal shall be deemed a separate Loan under the Agreement, ; (iii) the xxxx to mark xx market obligations of Borrower and Lender under Section 8 of the Agreement shall be determined on a Loan-by-Loan basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), ; and (iv) Borrower's and Lender's remedies under the Agreement upon the occurrence of a Default shall be determined as if Agent had entered into a separate Agreement with the other party Borrower on behalf of each of its Principals.
(c) In the event that Borrower and Agent and the other party elect to treat Loans under the this Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's notice under Section 2(b) of this Annex need only identify the names of its Principals but not the portion of each Loan allocable to each Principal's account, ; (ii) the xxxx to mark xx market obligations of Borrower and Lender under the Agreement Section a shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans entered into by Agent on behalf of any Principal, ; and (iii) Borrower's and Lender's remedies upon the occurrence of a Default shall be determined as if all Principals were a single Lender or Borrower, as the case may beLender.
(d) Notwithstanding any other provision of the Agreement (including, including without limitation, limitation this Annex), the parties agree that any transactions by Agent on behalf of a Plan shall be treated as transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex (and all xxxx to mark xx market obligations of the parties shall be determined on a Loan-by-Loan basis).
Appears in 2 contracts
Samples: Securities Lending Agreement (One Group), Securities Lending Agreement (One Group)
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans Transactions under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans Transactions as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section 2(b) of this AnnexAnnex I, notice specifying the portion of each Loan Transaction allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan Transaction is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan Transaction allocable to each Principal shall be deemed a separate Loan Transaction under the Agreement, ; (iii) the xxxx to market margin maintenance obligations of Borrower and Lender Seller under Section 6(a) of the Agreement shall be determined on a LoanTransaction-by-Loan Transaction basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), ; and (iv) Borrower's Buyer’s and Lender's Seller’s remedies under the Agreement upon the occurrence of a an Event of Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans Transactions under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's ’s notice under Section 2(b) of this Annex I need only identify the names of its Principals but not the portion of each Loan Transaction allocable to each Principal's ’s account, ; (ii) the xxxx to market margin maintenance obligations of Borrower and Lender Seller under Section 6(a) of the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans Transactions entered into by Agent on behalf of any Principal, ; and (iii) Borrower's Buyer’s and Lender's Seller’s remedies upon the occurrence of a an Event of Default shall be determined as if all Principals were a single Lender Seller or BorrowerBuyer, as the case may be.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this AnnexAnnex I), the parties agree that any transactions Transactions by Agent on behalf of a Plan an employee benefit plan under ERISA shall be treated as transactions Transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex I (and all xxxx to market margin maintenance obligations of the parties shall be determined on a LoanTransaction-by-Loan Transaction basis).
Appears in 2 contracts
Samples: Master Repurchase Agreement (WMC Finance Co), Master Repurchase Agreement (Homebanc Corp)
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans under the Agreement as transactions on behalf of separate Principals.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section 2(b) of this Annex, notice specifying the portion of each Loan allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan is allocable to the account of more than one Principal), (ii) the portion of any individual Loan allocable to each Principal shall be deemed a separate Loan under the Agreement, (iii) the xxxx to market obligations of Borrower and Lender under the Agreement shall be determined on a Loan-by-Loan basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), and (iv) Borrower's ’s and Lender's ’s remedies under the Agreement upon the occurrence of a Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's ’s notice under Section 2(b) of this Annex need only identify the names of its Principals but not the portion of each Loan allocable to each Principal's ’s account, (ii) the xxxx to market obligations of Borrower and Lender under the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate an,aggegate basis for all Loans entered into by Agent on behalf of any Principal, and (iii) Borrower's ’s and Lender's ’s remedies upon the occurrence of a Default shall be determined as if all Principals were a single Lender or Borrower, as the case may be.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this Annex), the parties agree that any transactions by Agent on behalf of a Plan shall be treated as transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex (and all xxxx to market obligations of the parties shall be determined on a Loan-by-Loan basis).
Appears in 1 contract
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Borrower and Agent and the other party shall elect whether (i) to treat Loans under the this Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans under the this Agreement as transactions on behalf of separate Principals.
(b) In the event that Borrower and Agent and the other party elect (or are deemed to elect) to treat Loans under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other partyBorrower, together with the notice described in Section 2(b) of this Annex, notice specifying the portion of each Loan allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan allocable to each Principal shall be deemed a separate Loan under the Agreement, ; (iii) the xxxx mark to market obligations of Borrower and Lender under Sxxxxon 8 of the Agreement shall be determined on a Loan-by-Loan basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), ; and (iv) Borrower's and Lender's remedies under the Agreement upon the occurrence of a Default shall be determined as if Agent had entered into a separate Agreement with the other party Borrower on behalf of each of its Principals.
(c) In the event that Borrower and Agent and the other party elect to treat Loans under the this Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's notice under Section 2(b) of this Annex need only identify the names of its Principals but not the portion of each Loan allocable to each Principal's account, ; (ii) the xxxx mark to market obligations of Borrower and Lender under the Agreement Section 8 shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans entered into by Agent on behalf of any Principal, ; and (iii) Borrower's and Lender's remedies upon the occurrence of a Default shall be determined as if all Principals were a single Lender or Borrower, as the case may beLender.
(d) Notwithstanding any other provision of the Agreement (including, including without limitation, limitation this Annex), the parties agree that any transactions by Agent on behalf of a Plan shall be treated as transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex (and all xxxx mark to market obligations of the parties shall be determined determxxxx on a Loan-by-Loan basis).
Appears in 1 contract
Samples: Master Securities Loan Agreement (Pain Therapeutics Inc)
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans Transactions under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans Transactions as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section 2(b) of this AnnexAnnex I, notice specifying the portion of each Loan Transaction allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan Transaction is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan Transaction allocable to each Principal shall be deemed a separate Loan Transaction under the Agreement, ; (iii) the xxxx to market margin maintenance obligations of Borrower and Lender Seller under Section 6(a) of the Agreement shall be determined on a LoanTransaction-by-Loan Transaction basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), ; and (iv) BorrowerBuyer's and LenderSeller's remedies under the Agreement upon the occurrence of a an Event of Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans Transactions under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's notice under Section 2(b) of this Annex I need only identify the names of its Principals but not the portion of each Loan Transaction allocable to each Principal's account, ; (ii) the xxxx to market margin maintenance obligations of Borrower and Lender Seller's under Section 6(a) of the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans Transactions entered into by Agent on behalf of any Principal, ; and (iii) BorrowerBuyer's and LenderSeller's remedies upon the occurrence of a an Event of Default shall be determined as if all Principals were a single Lender Seller or BorrowerBuyer, as the case may be.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this AnnexAnnex I), the parties agree that any transactions Transactions by Agent on behalf of a Plan an employee benefit plan under ERISA shall be treated as transactions Transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex I (and all xxxx to market margin maintenance obligations of the parties shall be determined on a LoanTransaction-by-Loan Transaction basis).
Appears in 1 contract
Samples: Master Repurchase Agreement (Oak Street Financial Services Inc)
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans Options under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans Options as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans Options under the Agreement as transactions on behalf of separate Principals.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans Options under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section Paragraph 2(b) of this AnnexAnnex V, notice specifying the portion of each Loan Option allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan Option is allocable to the account of more than one Principal), (ii) the portion of any individual Loan Option allocable to each Principal shall be deemed a separate Loan Option under the Agreement, (iii) the xxxx performance assurance provisions of any Annex to market obligations of Borrower and Lender under the Agreement Agreement, if any, shall be determined on a Loanan Option-by-Loan Option basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), and (iv) Borrower's and Lender's remedies available to the parties under the Agreement upon the occurrence of a an Event of Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans Options under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's ’s notice under Section Paragraph 2(b) of this Annex V need only identify the names of its Principals but not the portion of each Loan Option allocable to each Principal's ’s account, (ii) the xxxx performance assurance provisions of any Annex to market obligations of Borrower and Lender under the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans Options entered into by Agent on behalf of any Principal, and (iii) Borrower's and Lender's remedies available to the parties upon the occurrence of a an Event of Default shall be determined as if all Principals were a single Lender defaulting or Borrowernondefaulting party, as the case may be.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this AnnexAnnex V), the parties agree that any transactions Options by Agent on behalf of a Plan an employee benefit plan under ERISA shall be treated as transactions Options on behalf of separate Principals in accordance with Section Paragraph 4(b) of this Annex V (and all xxxx to market performance assurance obligations of the parties shall be determined on a Loanan Option-by-Loan Option basis).
Appears in 1 contract
Samples: Master Otc Options Agreement
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans Transactions under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans Transactions as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section 2(b) of this AnnexAnnex I, notice specifying the portion of each Loan Transaction allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan Transaction is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan Transaction allocable to each Principal shall be deemed a separate Loan Transaction under the Agreement, ; (iii) the xxxx to market margin maintenance obligations of Borrower and Lender Seller under Section 6(a) of the Agreement shall be determined on a LoanTransaction-by-Loan Transaction basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), ; and (iv) BorrowerBuyer's and LenderSeller's remedies under the Agreement upon the occurrence of a an Event of Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans Transactions under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's notice under Section 2(b) of this Annex I need only identify the names of its Principals but not the portion of each Loan Transaction allocable to each Principal's account, ; (ii) the xxxx to market margin maintenance obligations of Borrower and Lender Seller under Section 6(a) of the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans Transactions entered into by Agent on behalf of any Principal, ; and (iii) BorrowerBuyer's and LenderSeller's remedies upon the occurrence of a an Event of Default shall be determined as if all Principals were a single Lender Seller or BorrowerBuyer, as the case may be.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this AnnexAnnex I), the parties agree that any transactions Transactions by Agent on behalf of a Plan an employee benefit plan under ERISA shall be treated as transactions Transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex I (and all xxxx to market margin maintenance obligations of the parties shall be determined on a LoanTransaction-by-Loan Transaction basis).
Appears in 1 contract
Samples: Master Repurchase Agreement (American Business Financial Services Inc /De/)
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans Transactions under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans Transactions as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section Paragraph 2(b) of this AnnexAnnex IV, notice specifying the portion of each Loan Transaction allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan Transaction is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan Transaction allocable to each Principal shall be deemed a separate Loan Transaction under the Agreement, ; (iii) the xxxx to market margin maintenance obligations of Borrower Buyer and Lender Seller under Paragraph 4 of the Agreement shall be determined on a LoanTransaction-by-Loan Transaction basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), ; and (iv) Borrower's Buyer’s and Lender's Seller’s remedies under the Agreement upon the occurrence of a an Event of Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans Transactions under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's ’s notice under Section Paragraph 2(b) of this Annex IV need only identify the names of its Principals but not the portion of each Loan Transaction allocable to each Principal's ’s account, ; (ii) the xxxx to market margin maintenance obligations of Borrower Buyer and Lender Seller under Paragraph 4 of the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans Transactions entered into by Agent on behalf of any Principal, ; and (iii) Borrower's Buyer’s and Lender's Seller’s remedies upon the occurrence of a an Event of Default shall be determined as if all Principals were a single Lender Seller or BorrowerBuyer, as the case may be.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this AnnexAnnex IV), the parties agree that any transactions Transactions by Agent on behalf of a Plan an employee benefit plan under ERISA shall be treated as transactions Transac- tions on behalf of separate Principals in accordance with Section Paragraph 4(b) of this Annex IV (and all xxxx to market margin maintenance obligations of the parties shall be determined on a LoanTransaction-by-Loan Transaction basis).
Appears in 1 contract
Samples: Master Repurchase Agreement
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans Transactions under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans Transactions as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans Transactions under the Agreement as transactions on behalf of separate Principalsa single Principal.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section 2(b) of this AnnexAnnex I, notice specifying the portion of each Loan Transaction allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan Transaction is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan Transaction allocable to each Principal shall be deemed a separate Loan Transaction under the Agreement, ; (iii) the xxxx to market margin maintenance obligations of Borrower and Lender Seller under Section 6(a) of the Agreement shall be determined on a LoanTransaction-by-Loan Transaction basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), ; and (iv) Borrower's Buyers’ and Lender's Seller’s remedies under the Agreement upon the occurrence of a an Event of Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans Transactions under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's ’s notice under Section 2(b) of this Annex I need only identify the names of its Principals but not the portion of each Loan Transaction allocable to each Principal's ’s account, ; (ii) the xxxx to market margin maintenance obligations of Borrower and Lender Seller under Section 6(a) of the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans Transactions entered into by Agent on behalf of any Principal, ; and (iii) Borrower's Buyer’s and Lender's Seller’s remedies upon the occurrence of a an Event of Default shall be determined as if all Principals were a single Lender Seller or BorrowerBuyer, as the case may be.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this AnnexAnnex I), the parties agree that any transactions Transactions by Agent on behalf of a Plan an employee benefit plan under ERISA shall be treated as transactions Transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex I (and all xxxx to market margin maintenance obligations of the parties shall be determined on a LoanTransaction-by-Loan Transaction basis).
Appears in 1 contract
Samples: Master Repurchase Agreement (New York Mortgage Trust Inc)
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans Transactions under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans Transactions as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals.,
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section 2(bParagraph 2 (b) of this AnnexAnnex IV, notice specifying the portion of each Loan Transaction allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan Transaction is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan Transaction allocable to each Principal shall be deemed a separate Loan Transaction under the Agreement, ; (iii) the xxxx to market margin maintenance obligations of Borrower Buyer and Lender Seller under Paragraph 4 of the Agreement shall be determined on a LoanTransaction-by-Loan Transaction basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), ; and (iv) BorrowerBuyer's and LenderSeller's remedies under the Agreement upon the occurrence of a an Event of Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans Transactions under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's notice under Section Paragraph 2(b) of this Annex IV need only identify the names of its Principals but not the portion of each Loan Transaction allocable to each Principal's account, ; (ii) the xxxx to market margin maintenance obligations of Borrower Buyer and Lender Seller under Paragraph 4 of the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans Transactions entered into by Agent on behalf of any Principal, ; and (iii) BorrowerBuyer's and LenderSeller's remedies upon the occurrence of a an Event of Default shall be determined as if all Principals were a single Lender Seller or BorrowerBuyer, as the case may be.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this Annex), the parties agree that any transactions by Agent on behalf of a Plan shall be treated as transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex (and all xxxx to market obligations of the parties shall be determined on a Loan-by-Loan basis).
Appears in 1 contract
Samples: Master Repurchase Agreement (FBR Asset Investment Corp Md)
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans Transactions under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans Transactions as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans Transactions under the Agreement as transactions on behalf of separate Principalsa single Principal.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section 2(b) of this AnnexAnnex I, notice specifying the portion of each Loan Transaction allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan Transaction is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan Transaction allocable to each Principal shall be deemed a separate Loan Transaction under the Agreement, ; (iii) the xxxx to market margin maintenance obligations of Borrower and Lender Sellers under Section 6(a) of the Agreement shall be determined on a LoanTransaction-by-Loan Transaction basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), ; and (iv) Borrower's and LenderBuyer's remedies under the Agreement upon the occurrence of a an Event of Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans Transactions under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's notice under Section 2(b) of this Annex I need only identify the names of its Principals but not the portion of each Loan Transaction allocable to each Principal's account, ; (ii) the xxxx to market margin maintenance obligations of Borrower and Lender Sellers under Section 6(a) of the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans Transactions entered into by Agent on behalf of any Principal, ; and (iii) Borrower's and LenderBuyer's remedies upon the occurrence of a an Event of Default shall be determined as if all Principals were a single Lender or Borrower, as the case may beBuyer.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this AnnexAnnex I), the parties agree that any transactions Transactions by Agent on behalf of a Plan an employee benefit plan under ERISA shall be treated as transactions Transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex I (and all xxxx to market margin maintenance obligations of the parties shall be determined on a LoanTransaction-by-Loan Transaction basis).
Appears in 1 contract
Samples: Master Repurchase Agreement (MortgageIT Holdings, Inc.)
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans Transactions under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans Transactions as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section 2(b) of this AnnexAnnex I, notice specifying the portion of each Loan Transaction allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan Transaction is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan Transaction allocable to each Principal shall be deemed a separate Loan Transaction under the Agreement, ; (iii) the xxxx to market margin maintenance obligations of Borrower and Lender the Sellers under Section 6(a) of the Agreement shall be determined on a LoanTransaction-by-Loan Transaction basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), ; and (iv) Borrower's Buyer’s and Lender's the Sellers’ remedies under the Agreement upon the occurrence of a an Event of Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans Transactions under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's ’s notice under Section 2(b) of this Annex I need only identify the names of its Principals but not the portion of each Loan Transaction allocable to each Principal's ’s account, ; (ii) the xxxx to market margin maintenance obligations of Borrower and Lender the Sellers under Section 6(a) of the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans Transactions entered into by Agent on behalf of any Principal, ; and (iii) Borrower's Buyer’s and Lender's the Sellers’ remedies upon the occurrence of a an Event of Default shall be determined as if all Principals were a single Lender Seller or BorrowerBuyer, as the case may be.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this AnnexAnnex I), the parties agree that any transactions Transactions by Agent on behalf of a Plan an employee benefit plan under ERISA shall be treated as transactions Transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex I (and all xxxx to market margin maintenance obligations of the parties shall be determined on a LoanTransaction-by-Loan Transaction basis).
Appears in 1 contract
Samples: Master Repurchase Agreement (New Century Financial Corp)
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans Transactions under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans Transactions as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans Transactions under the Agreement as transactions on behalf of separate Principalsa single Principal.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section 2(b) of this AnnexAnnex I, notice specifying the portion of each Loan Transaction allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan Transaction is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan Transaction allocable to each Principal shall be deemed a separate Loan Transaction under the Agreement, ; (iii) the xxxx to market margin maintenance obligations of Borrower and Lender Seller under Section 6(a) of the Agreement shall be determined on a LoanTransaction-by-Loan Transaction basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), ; and (iv) Borrower's Buyer’s and Lender's Seller’s remedies under the Agreement upon the occurrence of a an Event of Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans Transactions under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's ’s notice under Section 2(b) of this Annex I need only identify the names of its Principals but not the portion of each Loan Transaction allocable to each Principal's ’s account, ; (ii) the xxxx to market margin maintenance obligations of Borrower and Lender Seller under Section 6(a) of the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans Transactions entered into by Agent on behalf of any Principal, ; and (iii) Borrower's Buyer’s and Lender's Seller’s remedies upon the occurrence of a an Event of Default shall be determined as if all Principals were a single Lender Seller or BorrowerBuyer, as the case may be.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this AnnexAnnex I), the parties agree that any transactions Transactions by Agent on behalf of a Plan an employee benefit plan under ERISA shall be treated as transactions Transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex I (and all xxxx to market margin maintenance obligations of the parties shall be determined on a LoanTransaction-by-Loan Transaction basis).
Appears in 1 contract
Samples: Master Repurchase Agreement (Taberna Realty Finance Trust)
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans under the Agreement as transactions on behalf of separate Principals.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section 2(b) of this Annex, notice specifying the portion of each Loan allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan is allocable to the account of more than one Principal), (ii) the portion of any individual Loan allocable to each Principal shall be deemed a separate Loan under the Agreement, (iii) the xxxx mark to market obligations of Borrower and Lender under the Agreement shall be determined on a Loan-by-Loan basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), and (iv) Borrower's and LenderXxxxxx's remedies under the Agreement upon the occurrence of a Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's notice under Section 2(b) of this Annex need only identify the names of its Principals but not the portion of each Loan allocable to each Principal's account, (ii) the xxxx mark to market obligations of Borrower and Lender under the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans entered into by Agent on behalf of any Principal, and (iii) BorrowerXxxxxxxx's and LenderXxxxxx's remedies upon the occurrence of a Default shall be determined as if all Principals were a single Lender or Borrower, as the case may be.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this Annex), the parties agree that any transactions by Agent on behalf of a Plan shall be treated as transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex (and all xxxx mark to market obligations of the parties shall be determined on a Loan-by-Loan basis).
Appears in 1 contract
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans Transactions under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans Transactions as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section 2(bParagraph 2 (b) of this AnnexAnnex IV, notice specifying the portion of each Loan Transaction, allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan Transaction is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan Transaction allocable to each Principal shall be deemed a separate Loan Transaction under the Agreement, ; (iii) the xxxx to market margin maintenance obligations of Borrower Buyer and Lender Seller under Paragraph 4 of the Agreement shall be determined on a LoanTransaction-by-Loan Transaction basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), ; and (iv) Borrower's Buyer’s and Lender's Seller’s remedies under the Agreement upon the occurrence of a an Event of Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans Transactions under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's ’s notice under Section 2(bParagraph 2 (b) of this Annex IV need only identify the names of its Principals but not the portion of each Loan Transaction allocable to each Principal's ’s account, ; (ii) the xxxx to market margin maintenance obligations of Borrower Buyer and Lender Seller under Paragraph 4 of the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans Transactions entered into by Agent on behalf of any Principal, ; and (iii) Borrower's Buyer’s and Lender's Seller’s remedies upon the occurrence of a an Event of Default shall be determined as if all Principals were a single Lender Seller or BorrowerBuyer, as the case may be.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this AnnexAnnex IV), the parties agree that any transactions Transactions by Agent on behalf of a Plan an employee benefit plan under ERISA shall be treated as transactions Transactions on behalf of separate Principals in accordance with Section 4(bParagraph 4 (b) of this Annex IV (and all xxxx to market margin maintenance obligations of the parties shall be determined on a LoanTransaction-by-Loan Transaction basis).
Appears in 1 contract
Samples: Master Repurchase Agreement (Taberna Realty Finance Trust)
Multiple Principals. (a) a. In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans Transactions under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans Transactions as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals.
(b) b. In the event that Agent and the other party elect (or are deemed to elect) to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section Paragraph 2(b) of this AnnexAnnex I, notice specifying the portion of each Loan Transaction allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan Transaction is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan Transaction allocable to each Principal shall be deemed a separate Loan Transaction under the Agreement, Agreement (iii) the xxxx to market margin maintenance obligations of Borrower and Lender Seller under Paragraph 6(a) of the Agreement shall be determined on a LoanTransaction-by-Loan Transaction basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), ; and (iv) BorrowerBuyer's and LenderSeller's remedies under the Agreement upon the occurrence of a Default an Event of Del nit shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) c. In the event that Agent and the other party elect to treat Loans Transactions under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's notice under Section Paragraph 2(b) of this Annex I need only identify the names of its Principals but not the portion of each Loan Transaction allocable to each Principal's account, ; (ii) the xxxx to market margin maintenance obligations of Borrower and Lender Seller under Paragraph 6(a) of the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans alt Transactions entered into by Agent on behalf of any Principal, ; and (iii) BorrowerBuyer's and LenderSeller's remedies upon the occurrence of a an Event of Default shall be determined as if all Principals were a single Lender Seller or BorrowerBuyer, as the case may be.
(d) d. Notwithstanding any other provision of the Agreement (including, without limitation, this AnnexAnnex I), the parties agree that any transactions Transactions by Agent on behalf of a Plan an employee benefit plan under ERISA shall be treated as transactions Transactions on behalf of separate Principals in accordance with Section Paragraph 4(b) of this Annex I (and all xxxx to market margin maintenance obligations of the parties shall be determined on a LoanTransaction-by-Loan Transaction basis).
Appears in 1 contract
Samples: Master Repurchase Agreement (Arbor Realty Trust Inc)
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Borrower and Agent and the other party shall elect whether (i) to treat Loans under the this Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans under the this Agreement as transactions on behalf of separate Principals.
(b) In the event that Borrower and Agent and the other party elect (or are deemed to elect) to treat Loans under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other partyBorrower, together with the notice described in Section 2(b) of this Annex, notice specifying the portion of each Loan allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan allocable to each Principal shall be deemed a separate Loan under the Agreement, ; (iii) the xxxx to mark xx market obligations of Borrower and Lender under Section 8 of the Agreement shall be determined on a Loan-by-Loan basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), ; and (iv) Borrower's and Lender's remedies under the Agreement upon the occurrence of a Default shall be determined as if Agent had entered into a separate Agreement with the other party Borrower on behalf of each of its Principals.
(c) In the event that Borrower and Agent and the other party elect to treat Loans under the this Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's notice under Section 2(b) of this Annex need only identify the names of its Principals but not the portion of each Loan allocable to each Principal's account, (ii) the xxxx to mark xx market obligations of Borrower and Lender under the Agreement Section 8 shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans entered into by Agent on behalf of any Principal, ; and (iii) Borrower's and Lender's remedies upon the occurrence of a Default shall be determined as if all Principals were a single Lender or Borrower, as the case may beLender.
(d) Notwithstanding any other provision of the Agreement (including, including without limitation, limitation this Annex), the parties agree that any transactions by Agent on behalf of a Plan shall be treated as transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex (and all xxxx to mark xx market obligations of the parties shall be determined on a Loan-by-Loan basis).
Appears in 1 contract
Samples: Master Securities Loan Agreement (Herbalife International Inc)
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans Transactions under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans Transactions as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans Transactions under the Agreement as transactions transaction on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section Paragraph 2(b) of this AnnexAnnex IV, notice specifying the portion of each Loan Transaction allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan Transaction is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan Transaction allocable to each Principal shall be deemed a separate Loan Transaction under the Agreement, ; (iii) the xxxx to market 21 margin maintenance obligations of Borrower Buyer and Lender Seller under Paragraph 4 of the Agreement shall be determined on a LoanTransaction-by-Loan Transaction basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), ; and (iv) BorrowerBuyer's and LenderSeller's remedies under the Agreement upon the occurrence of a Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans Transactions under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's notice under Section Paragraph 2(b) of this Annex IV need only identify the names of its Principals but not the portion of each Loan Transaction allocable to each Principal's account, ; (ii) the xxxx to market margin maintenance obligations of Borrower Buyer and Lender Seller under Paragraph 4 of the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans Transactions entered into by Agent on behalf of any Principal, and (iii) Borrowerbuyer's and LenderSeller's remedies upon the occurrence of a an Event of Default shall be determined as if all Principals were a single Lender Seller or BorrowerBuyer, as the case may be.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this AnnexAnnex IV), the parties agree that any transactions Transactions by Agent on behalf of a Plan an employee benefit plan under ERISA shall be treated as transactions Transactions on behalf of separate Principals in accordance with Section Paragraph 4(b) of this Annex IV (and all xxxx to market margin maintenance obligations of the parties shall be determined on a LoanTransaction-by-Loan Transaction basis).
Appears in 1 contract
Samples: Master Repurchase Agreement (Amresco Capital Trust)
Multiple Principals. (a) In the event that Administrative Agent proposes to act for more than one Principal hereunder, Administrative Agent and the other party shall elect whether (i) to treat Loans Transactions under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans Transactions as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals.
(b) In the event that Administrative Agent and the other party elect (or are deemed to elect) to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Administrative Agent will provide the other party, together with the notice described in Section 2(bclause (b) of Subsection m of this AnnexSection 41, notice specifying the portion of each Loan Transaction allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan Transaction is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan Transaction allocable to each Principal shall be deemed a separate Loan Transaction under the Agreement, ; (iii) the xxxx to market margin maintenance obligations of Borrower and Lender Sellers under Section 6(a) of the Agreement shall be determined on a LoanTransaction-by-Loan Transaction basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), ; and (iv) Borrower's Buyers’ and Lender's Sellers’ remedies under the Agreement upon the occurrence of a an Event of Default shall be determined as if Administrative Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Administrative Agent and the other party elect to treat Loans Transactions under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Administrative Agent's ’s notice under Section 2(bclause (b) of Subsection m of this Annex Section 41 need only identify the names of its Principals but not the portion of each Loan Transaction allocable to each Principal's ’s account, ; (ii) the xxxx to market margin maintenance obligations of Borrower and Lender Sellers under Section 6(a) of the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans Transactions entered into by Administrative Agent on behalf of any Principal, ; and (iii) Borrower's Buyers’ and Lender's Sellers’ remedies upon the occurrence of a an Event of Default shall be determined as if all Principals were a single Lender Seller or BorrowerBuyer, as the case may be.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this Annex)Agreement, the parties agree that any transactions Transactions by Administrative Agent on behalf of a Plan an employee benefit plan under ERISA shall be treated as transactions Transactions on behalf of separate Principals in accordance with Section 4(bSubsection n(b) of this Annex Section 41 (and all xxxx to market margin maintenance obligations of the parties shall be determined on a LoanTransaction-by-Loan Transaction basis).
Appears in 1 contract
Samples: Master Repurchase Agreement (Fieldstone Investment Corp)
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans Transactions under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans Transactions as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section Paragraph 2(b) of this AnnexAnnex I, notice specifying the portion of each Loan Transaction allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan Transaction is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan Transaction allocable to each Principal shall be deemed a separate Loan Transaction under the Agreement, ; (iii) the xxxx to market margin maintenance obligations of Borrower and Lender Seller under Paragraph 6(a) of the Agreement shall be determined on a LoanTransaction-by-Loan Transaction basis (unless the parties agree to determine such obligations on a Principal-by-by- Principal basis), ; and (iv) BorrowerBuyer's and LenderSeller's remedies under the Agreement upon the occurrence of a an Event of Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans Transactions under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's notice under Section Paragraph 2(b) of this Annex I need only identify the names of its Principals but not the portion of each Loan Transaction allocable to each Principal's account, ; (ii) the xxxx to market margin maintenance obligations of Borrower and Lender Seller under Paragraph 6(a) of the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans Transactions entered into by Agent on behalf of any Principal, ; and (iii) BorrowerBuyer's and LenderSeller's remedies upon the occurrence of a an Event of Default shall be determined as if all Principals were a single Lender Seller or BorrowerBuyer, as the case may be.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this AnnexAnnex I), the parties agree that any transactions Transactions by Agent on behalf of a Plan an employee benefit plan under ERISA shall be treated as transactions Transactions on behalf of separate Principals in accordance with Section Paragraph 4(b) of this Annex I (and all xxxx to market margin maintenance obligations of the parties shall be determined on a LoanTransaction-by-Loan Transaction basis).
Appears in 1 contract
Samples: Master Repurchase Agreement (Metropolitan Mortgage & Securities Co Inc)
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans Transactions under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans Transactions as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans Transactions under the Agreement as transactions on behalf of separate Principalsa single Principal.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section 2(b) of this AnnexAnnex I, notice specifying the portion of each Loan Transaction allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan Transaction is allocable to the account of more than one Principalprincipal), ; (ii) the portion of any individual Loan Transaction allocable to each Principal shall be deemed a separate Loan Transaction under the Agreement, ; (iii) the xxxx to market margin maintenance obligations of Borrower and Lender Seller under Section 6(a) of the Agreement shall be determined on a LoanTransaction-by-Loan Transaction basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), ; and (iv) BorrowerBuyer's and LenderSeller's remedies under the Agreement upon the occurrence of a an Event of Default shall Shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans Transactions under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's notice under Section 2(b) of this Annex I need only identify the names of its Principals but not the portion of each Loan Transaction allocable to each Principal's account, ; (ii) the xxxx to market margin maintenance obligations of Borrower and Lender Seller under Section 6(a) of the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans Transactions entered into by Agent on behalf of any Principal, ; and (iii) BorrowerBuyer's and LenderSeller's remedies upon the occurrence of a an Event of Default shall be determined as if all Principals were a single Lender Seller or BorrowerBuyer, as the case may be.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this AnnexAnnex I), the parties agree that any transactions Transactions by Agent on behalf of a Plan an employee benefit plan under ERISA shall be treated as transactions Transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex I (and all xxxx to market margin maintenance obligations of the parties shall be determined on a LoanTransaction-by-Loan Transaction basis).
Appears in 1 contract
Samples: Master Repurchase Agreement (New Century Financial Corp)
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Borrower and Agent and the other party shall elect whether (i) to treat Loans under the this Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans under the this Agreement as transactions on behalf of separate Principals.
(b) In the event that Borrower and Agent and the other party elect (or are deemed to elect) to treat Loans under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other partyBorrower, together with the notice not ice described in Section 2(b) of this Annex, notice specifying the portion of each Loan allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan allocable to each Principal shall be deemed a separate Loan under the Agreement, ; (iii) the xxxx to market obligations of Borrower and Lender under Section 8 of the Agreement shall be determined on a Loan-by-by- Loan basis (unless the parties par ties agree to determine such obligations on a Principal-by-by- Principal basis), ; and (iv) Borrower's ’s and Lender's ’s remedies under the Agreement upon the occurrence of a Default shall be determined as if Agent had entered into a separate Agreement with the other party Borrower on behalf of each of its Principals.
(c) In the event that Borrower and Agent and the other party elect to treat Loans under the this Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's ’s notice under Section 2(b) of this Annex need only identify the names of its Principals but not the portion of each Loan allocable to each Principal's ’s account, ; (ii) the xxxx to market obligations of Borrower and Lender under the Agreement Section 8 shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans entered into by Agent on behalf of any Principal, ; and (iii) Borrower's ’s and Lender's ’s remedies upon the occurrence of a Default shall be determined as if all Principals were a single Lender or Borrower, as the case may beLender.
(d) Notwithstanding any other provision of the Agreement (including, including without limitation, limitation this Annex), the parties agree that any transactions by Agent on behalf of a Plan shall be treated as transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex (and all xxxx to market obligations of the parties shall be determined on a Loan-by-by- Loan basis).
Appears in 1 contract
Samples: Master Securities Loan Agreement
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans under the Agreement as transactions on behalf of separate Principals.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section 2(b) of this Annex, notice specifying the portion of each Loan allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan is allocable to the account of more than one Principal), (ii) the portion of any individual Loan allocable to each Principal shall be deemed a separate Loan under the Agreement, (iii) the xxxx to market obligations of Borrower and Lender under the Agreement shall be determined on a Loan-by-Loan basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), and (iv) Borrower's ’s and Lender's ’s remedies under the Agreement upon the occurrence of a Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals...
(c) In the event that Agent and the other party elect to treat Loans under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's ’s notice under Section 2(b) of this Annex need only identify the names of its Principals but not the portion of each Loan allocable to each Principal's ’s account, (ii) the xxxx to market obligations of Borrower and Lender under the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate an,aggegate basis for all Loans entered into by Agent on behalf of any Principal, and (iii) Borrower's ’s and Lender's ’s remedies upon the occurrence of a Default shall be determined as if all Principals were a single Lender or Borrower, as the case may be.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this Annex), the parties agree that any transactions by Agent on behalf of a Plan shall be treated as transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex (and all xxxx to market obligations of the parties shall be determined on a Loan-by-Loan basis)...
Appears in 1 contract
Samples: Securities Lending Agency Agreement (iSHARES TRUST)
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans Transactions under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans Transactions as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice not ice described in Section Paragraph 2(b) of this AnnexAnnex IV, notice specifying the portion of each Loan Transaction allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan Transaction is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan Transaction allocable to each Principal shall be deemed a separate Loan Transaction under the Agreement, ; (iii) the xxxx margin maintenance provisions of any Annex to market obligations of Borrower and Lender under the Agreement Agreement, if any, shall be determined on a LoanTransaction-by-Loan Transaction basis (unless the parties par - ties agree to determine such obligations on a Principal-by-Principal basis), ; and (iv) Borrower's and Lender's remedies available to the parties under the Agreement upon the occurrence of a an Event of Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans Transactions under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's ’s notice under Section Paragraph 2(b) of this Annex IV need only identify the names of its Principals but not the portion of each Loan Transaction allocable to each Principal's ’s account, ; (ii) the xxxx margin maintenance provisions of any Annex to market obligations of Borrower and Lender under the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans Transactions entered into by Agent on behalf of any Principal, ; and (iii) Borrower's and Lender's remedies available to the parties upon the occurrence occur- rence of a an Event of Default shall be determined as if all Principals were a single Lender defaulting or Borrowernondefaulting party, as the case may be.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this AnnexAnnex IV), the parties agree that any transactions Transactions by Agent on behalf of a Plan an employee benefit plan under ERISA shall be treated as transactions Transactions on behalf of separate Principals in accordance accor- dance with Section Paragraph 4(b) of this Annex (IV and all xxxx to market margin maintenance obligations of the parties shall be determined on a LoanTransaction-by-Loan Transaction basis).
Appears in 1 contract
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Borrower and Agent and the other party shall elect whether (i) to treat Loans under the this Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans under the this Agreement as transactions on behalf of separate Principals.
(b) In the event that Borrower and Agent and the other party elect (or are deemed to elect) to treat Loans under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other partyBorrower, together with the notice described in Section 2(b) of this Annex, notice specifying the portion of each Loan allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan allocable to each Principal shall be deemed a separate Loan under the Agreement, ; (iii) the xxxx to market obligations of Borrower and Lender under Section 8 of the Agreement shall be determined on a Loan-by-by- Loan basis (unless the parties agree to determine such s uch obligations on a Principal-by-by- Principal basis), ; and (iv) Borrower's ’s and Lender's ’s remedies under the Agreement upon the occurrence of a Default shall be determined as if Agent had entered into a separate Agreement with the other party Borrower on behalf of each of its Principals.
(c) In the event that Borrower and Agent and the other party elect to treat Loans under the this Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's ’s notice under Section 2(b) of this Annex need only identify the names of its Principals but not the portion of each Loan allocable to each Principal's ’s account, ; (ii) the xxxx to market obligations of Borrower and Lender under the Agreement Section 8 shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans entered into by Agent on behalf of any Principal, ; and (iii) Borrower's ’s and Lender's ’s remedies upon the occurrence of a Default shall be determined as if all Principals were a single Lender or Borrower, as the case may beLender.
(d) Notwithstanding any other provision of the Agreement (including, including without limitation, limitation this Annex), the parties agree that any transactions by Agent on behalf of a Plan shall be treated as transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex (and all xxxx to market obligations of the parties shall be determined on a Loan-by-by- Loan basis).
Appears in 1 contract
Samples: Master Securities Loan Agreement
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Borrower and Agent and the other party shall elect whether (i) to treat Loans under the this Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans under the this Agreement as transactions on behalf of separate Principals.
(b) In the event that Borrower and Agent and the other party elect (or are deemed to elect) to treat Loans under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other partyBorrower, together with the notice described in Section 2(b) of this Annex, notice specifying the portion of each Loan allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan allocable to each Principal shall be deemed a separate Loan under the Agreement, ; (iii) the xxxx to mark xx market obligations of Borrower and Lender under Section 8 of the Agreement shall be determined on a Loan-by-Loan basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), and (iv) Borrower's and Lender's remedies under the Agreement upon the occurrence of a Default shall be determined as if Agent had entered into a separate Agreement with the other party Borrower on behalf of each of its Principals.
(c) In the event that Borrower and Agent and the other party elect to treat Loans under the this Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's notice under Section 2(b) of this Annex need only identify the names of its Principals but not the portion of each Loan allocable to each Principal's account, : (ii) the xxxx to mark xx market obligations of Borrower and Lender under the Agreement Section 8 shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans entered into by Agent on behalf of any Principal, ; and (iii) Borrower's and Lender's remedies upon the occurrence of a Default shall be determined as if all Principals were a single Lender or Borrower, as the case may beLender.
(d) Notwithstanding any other provision of the Agreement (including, including without limitation, limitation this Annex), the parties agree that any transactions by Agent on behalf of a Plan shall be treated as transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex (and all xxxx to mark xx market obligations of the parties shall be determined on a Loan-by-Loan basis).
Appears in 1 contract
Samples: Securities Lending Agreement (One Group Investment Trust)
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans Transactions under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans Transactions as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans Transactions under the Agreement as transactions on behalf of separate Principalsa single Principal.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section 2(b) of this AnnexAnnex I, notice specifying the portion of each Loan Transaction allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan Transaction is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan Transaction allocable to each Principal shall be deemed a separate Loan Transaction under the Agreement, ; (iii) the xxxx to market margin maintenance obligations of Borrower and Lender Seller under Section 6(a) of the Agreement shall be determined on a LoanTransaction-by-Loan Transaction basis (unless the parties agree to determine such obligations on a Principal-by-Principal principal basis), ; and (iv) Borrower's and Lender's Buyer’s remedies under the Agreement upon the occurrence of a an Event of Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans Transactions under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's ’s notice under Section 2(b) of this Annex I need only identify the names of its Principals but not the portion of each Loan Transaction allocable to each Principal's ’s account, ; (ii) the xxxx to market margin maintenance obligations of Borrower and Lender Seller under Section 6(a) of the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans Transactions entered into by Agent on behalf of any Principal, ; and (iii) Borrower's and Lender's Buyer’s remedies upon the occurrence of a an Event of Default shall be determined as if all Principals were a single Lender or Borrower, as the case may beBuyer.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this AnnexAnnex I), the parties agree that any transactions Transactions by Agent on behalf of a Plan an employee benefit plan under ERISA shall be treated as transactions Transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex I (and all xxxx to market margin maintenance obligations of the parties shall be determined on a LoanTransaction-by-Loan Transaction basis).
Appears in 1 contract
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans Transactions under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans Transactions as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section Paragraph 2(b) of this AnnexAnnex IV, notice specifying the portion of each Loan Transaction allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan Transaction is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan Transaction allocable to each Principal shall be deemed a separate Loan Transaction under the Agreement, ; (iii) the xxxx to market margin maintenance obligations of Borrower Buyer and Lender Seller under Paragraph 4 of the Agreement shall be determined on a LoanTransaction-by-Loan Transaction basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), ; and (iv) BorrowerBuyer's and LenderSeller's remedies under the Agreement upon the occurrence of a an Event of Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans Transactions under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's notice under Section Paragraph 2(b) of this Annex IV need only identify the names of its Principals but not the portion of each Loan Transaction allocable to each Principal's account, ; (ii) the xxxx to market margin maintenance obligations of Borrower Buyer and Lender Seller under Paragraph 4 of the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans Transactions entered into by Agent on behalf of any Principal, ; and (iii) BorrowerBuyer's and LenderSeller's remedies upon the occurrence of a an Event of Default shall be determined as if all Principals were a single Lender Seller or BorrowerBuyer, as the case may be.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this AnnexAnnex IV), the parties agree that any transactions Transactions by Agent on behalf of a Plan an employee benefit plan under ERISA shall be treated as transactions Transactions on behalf of separate Principals in accordance with Section Paragraph 4(b) of this Annex IV (and all xxxx to market margin maintenance obligations of the parties shall be determined on a LoanTransaction-by-Loan Transaction basis).
Appears in 1 contract
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans under the Agreement as transactions on behalf of separate Principals.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section 2(b) of this Annex, notice specifying the portion of each Loan allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan is allocable to the account of more than one Principal), (ii) the portion of any individual Loan allocable to each Principal shall be deemed a separate Loan under the Agreement, (iii) the xxxx mark to market obligations of Borrower and Lender under the Agreement Agrxxxxnt shall be determined on a Loan-by-Loan basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), and (iv) Borrower's and Lender's remedies under the Agreement upon the occurrence of a Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's notice under Section 2(b) of this Annex need only identify the names of its Principals but not the portion of each Loan allocable to each Principal's account, (ii) the xxxx mark to market obligations of Borrower and Lender under the Agreement Agrxxxxnt shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans entered into by Agent on behalf of any Principal, and (iii) Borrower's and Lender's remedies upon the occurrence of a Default shall be determined as if all Principals were a single Lender or Borrower, as the case may be.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this Annex), the parties agree that any transactions by Agent on behalf of a Plan shall be treated as transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex (and all xxxx mark to market obligations of the parties shall be determined on a ox x Loan-by-Loan basis).
Appears in 1 contract
Samples: Master Securities Loan Agreement (Thermo Electron Corp)
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Borrower and Agent and the other party shall elect whether (i) to treat Loans under the this Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans under the this Agreement as transactions on behalf of separate Principals.
(b) In the event that Borrower and Agent and the other party elect (or are deemed to elect) to treat Loans under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other partyBorrower, together with the notice described in Section 2(b) of this Annex, notice specifying the portion of each Loan allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan allocable to each Principal shall be deemed a separate Loan under the Agreement, ; (iii) the xxxx to market obligations of Borrower and Lender under Section 8 of the Agreement shall be determined on a Loan-by-Loan basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), ; and (iv) Borrower's and Lender's remedies under the Agreement upon the occurrence of a Default shall be determined as if Agent had entered into a separate Agreement with the other party Borrower on behalf of each of its Principals.
(c) In the event that Borrower and Agent and the other party elect to treat Loans under the this Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's notice under Section 2(b) of this Annex need only identify the names of its Principals but not the portion of each Loan allocable to each Principal's account, ; (ii) the xxxx to market obligations of Borrower and Lender under the Agreement Section 8 shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans entered into by Agent on behalf of any Principal, ; and (iii) Borrower's and Lender's remedies upon the occurrence of a Default shall be determined as if all Principals were a single Lender or Borrower, as the case may be.'s
(d) Notwithstanding any other provision of the Agreement (including, including without limitation, limitation this Annex), the parties agree that any transactions by Agent on behalf of a Plan shall be treated as transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex (and all xxxx to market obligations of the parties shall be determined on a Loan-by-Loan basis).
Appears in 1 contract
Samples: Securities Lending Agency Agreement (Merrill Lynch Global Technology Fund Inc)
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans Transactions under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans Transactions as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans Transactions under the Agreement as transactions on behalf of separate Principalsa single Principal.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section 2(b) of this AnnexAnnex I, notice specifying the portion of each Loan Transaction allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan Transaction is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan Transaction allocable to each Principal shall be deemed a separate Loan Transaction under the Agreement, ; (iii) the xxxx to market margin maintenance obligations of Borrower and Lender Seller under Section 5(a) of the Agreement shall be determined on a LoanTransaction-by-Loan Transaction basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), ; and (iv) Borrower's and LenderBuyer's remedies under the Agreement upon the occurrence of a an Event of Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans Transactions under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's notice under Section 2(b) of this Annex I need only identify the names of its Principals but not the portion of each Loan Transaction allocable to each Principal's account, ; (ii) the xxxx to market margin maintenance obligations of Borrower and Lender Seller under Section 6(a) of the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans Transactions entered into by Agent on behalf of any Principal, ; and (iii) Borrower's and LenderBuyer's remedies upon the occurrence of a an Event of Default shall be determined as if all Principals were a single Lender or Borrower, as the case may beBuyer.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this AnnexAnnex I), the parties agree that any transactions Transactions by Agent on behalf of a Plan an employee benefit plan under ERISA shall be treated as transactions Transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex I (and all xxxx to market margin maintenance obligations of the parties shall be determined on a LoanTransaction-by-Loan Transaction basis).
Appears in 1 contract
Samples: Master Repurchase Agreement (American Home Mortgage Investment Corp)
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans Transactions under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans Transactions as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans Transactions under the Agreement as transactions on behalf of separate Principalsa single Principal.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section 2(b) of this AnnexAnnex I, notice specifying the portion of each Loan Transaction allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan Transaction is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan Transaction allocable to each Principal shall be deemed a separate Loan Transaction under the Agreement, ; (iii) the xxxx to market margin maintenance obligations of Borrower and Lender Sellers under Section 6(a) of the Agreement shall be determined on a LoanTransaction-by-Loan Transaction basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), ; and (iv) Borrower's and Lender's Buyer’s remedies under the Agreement upon the occurrence of a an Event of Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans Transactions under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's ’s notice under Section 2(b) of this Annex I need only identify the names of its Principals but not the portion of each Loan Transaction allocable to each Principal's ’s account, ; (ii) the xxxx to market margin maintenance obligations of Borrower and Lender Sellers under Section 6(a) of the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans Transactions entered into by Agent on behalf of any Principal, ; and (iii) Borrower's and Lender's Buyer’s remedies upon the occurrence of a an Event of Default shall be determined as if all Principals were a single Lender or Borrower, as the case may beBuyer.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this AnnexAnnex I), the parties agree that any transactions Transactions by Agent on behalf of a Plan an employee benefit plan under ERISA shall be treated as transactions Transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex I (and all xxxx to market margin maintenance obligations of the parties shall be determined on a LoanTransaction-by-Loan Transaction basis).
Appears in 1 contract
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans Transactions under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans Transactions as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section Paragraph 2(b) of this AnnexAnnex III, notice specifying the portion of each Loan Transaction allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan Transaction is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan Transaction allocable to each Principal shall be deemed a separate Loan Transaction under the Agreement, ; (iii) the xxxx margin maintenance provisions of any Annex to market obligations of Borrower and Lender under the Agreement Agreement, if any, shall be determined on a LoanTransaction-by-Loan Transaction basis (unless the parties agree to determine such obligations on a Principal-by-by- Principal basis), ; and (iv) Borrower's and Lender's remedies available to the parties under the Agreement upon the occurrence of a an Event of Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans Transactions under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's ’s notice under Section Paragraph 2(b) of this Annex III need only identify the names of its Principals but not the portion of each Loan Transaction allocable to each Principal's ’s account, ; (ii) the xxxx margin maintenance provisions of any Annex to market obligations of Borrower and Lender under the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans Transactions entered into by Agent on behalf of any Principal, ; and (iii) Borrower's and Lender's remedies available to the parties upon the occurrence of a an Event of Default shall be determined as if all Principals were a single Lender defaulting or Borrowernondefaulting party, as the case may be.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this AnnexAnnex III), the parties agree that any transactions Transactions by Agent on behalf of a Plan an employee benefit plan under ERISA shall be treated as transactions Transactions on behalf of separate Principals in accordance with Section Paragraph 4(b) of this Annex (III and all xxxx to market margin maintenance obligations of the parties shall be determined on a LoanTransaction-by-Loan Transaction basis).
Appears in 1 contract
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans under the Agreement as transactions on behalf of separate Principals.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section 2(b) of this Annex, notice specifying the portion of each Loan allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan is allocable to the account of more than one Principal), (ii) the portion of any individual Loan allocable to each Principal shall be deemed a separate Loan under the Agreement, (iii) the xxxx mark to market obligations of Borrower and Lender under the undex xxe Agreement shall be determined on a Loan-by-Loan basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), and (iv) Borrower's and Lender's remedies under the Agreement upon the occurrence of a Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's notice under Section 2(b) of this Annex need only identify the names of its Principals but not the portion of each Loan allocable to each Principal's account, (ii) the xxxx mark to market obligations of Borrower and Lender under the Agreement thx Xgreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans entered into by Agent on behalf of any Principal, and (iii) Borrower's and Lender's remedies upon the occurrence of a Default shall be determined as if all Principals were a single Lender or Borrower, as the case may be.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this Annex), the parties agree that any transactions by Agent on behalf 2000 Master Securities Loan Agreement - AII-2 of a Plan shall be treated as transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex (and all xxxx mark to market obligations of the parties shall be determined on a Loan-by-Loan basis).
Appears in 1 contract
Samples: Master Securities Loan Agreement (Nortel Networks Corp)
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans Transactions under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans Transactions as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans Transactions under the Agreement as transactions on behalf of separate Principalsa single Principal.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section 2(b) of this AnnexAnnex I, notice specifying the portion of each Loan Transaction allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan Transaction is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan Transaction allocable to each Principal shall be deemed a separate Loan Transaction under the Agreement, ; (iii) the xxxx to market margin maintenance obligations of Borrower and Lender Seller under Section 6(a) of the Agreement shall be determined on a LoanTransaction-by-Loan Transaction basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), ; and (iv) BorrowerBuyer's and LenderSeller's remedies under the Agreement upon the occurrence of a an Event of Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans Transactions under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's notice under Section 2(b) of this Annex I need only identify the names of its Principals but not the portion of each Loan Transaction allocable to each Principal's account, ; (ii) the xxxx to market margin maintenance obligations of Borrower and Lender Seller under Section 6(a) of the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans Transactions entered into by Agent on behalf of any Principal, ; and (iii) BorrowerBuyer's and LenderSeller's remedies upon the occurrence of a an Event of Default shall be determined as if all Principals were a single Lender Seller or BorrowerBuyer, as the case may be.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this AnnexAnnex I), the parties agree that any transactions Transactions by Agent on behalf of a Plan an employee benefit plan under ERISA shall be treated as transactions Transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex I (and all xxxx to market margin maintenance obligations of the parties shall be determined on a LoanTransaction-by-Loan Transaction basis).
Appears in 1 contract
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Borrower and Agent and the other party shall elect whether (i) to treat Loans under the this Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans under the this Agreement as transactions on behalf of separate Principals.
(b) In the event that Borrower and Agent and the other party elect (or are deemed to elect) to treat Loans under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other partyBorrower, together with the notice described in Section 2(b) of this Annex, notice specifying the portion of each Loan allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan allocable to each Principal shall be deemed a separate Loan under the Agreement, ; (iii) the xxxx mark to market obligations of Borrower and Lender under xxxxr Section 8 of the Agreement shall be determined on a Loan-by-Loan basis (unless the parties agree to determine such obligations on a Principal-by-by- Principal basis), ; and (iv) Borrower's and Lender's remedies under the Agreement upon the occurrence of a Default shall be determined as if Agent had entered into a separate Agreement with the other party Borrower on behalf of each of its Principals.
(c) In the event that Borrower and Agent and the other party elect to treat Loans under the this Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's notice under Section 2(b) of this Annex need only identify the names of its Principals but not the portion of each Loan allocable to each Principal's account, ; (ii) the xxxx mark to market obligations of Borrower and Lender under the Agreement xxxxr Section 8 shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans entered into by Agent on behalf of any Principal, ; and (iii) Borrower's and Lender's remedies upon the occurrence of a Default shall be determined as if all Principals were a single Lender or Borrower, as the case may beLender.
(d) Notwithstanding any other provision of the Agreement (including, including without limitation, limitation this Annex), the parties agree that any transactions by Agent on behalf of a Plan shall be treated as transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex (and all xxxx mark to market obligations of the parties shall be determined xxxermined on a Loan-by-Loan basis).
Appears in 1 contract
Samples: Securities Lending Management Agreement (American Aadvantage Funds)
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans Transactions under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans Transactions as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans Transactions under the Agreement as transactions on behalf of separate Principalsa single Principal.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section 2(b) of this AnnexAnnex I, notice specifying the portion of each Loan Transaction allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan Transaction is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan Transaction allocable to each Principal shall be deemed a separate Loan Transaction under the Agreement, ; (iii) the xxxx to market margin maintenance obligations of Borrower and Lender Seller under Section 6 of the Agreement shall be determined on a LoanTransaction-by-Loan Transaction basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), ; and (iv) Borrower's Buyer’s and Lender's Seller’s remedies under the Agreement upon the occurrence of a an Event of Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans Transactions under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's ’s notice under Section 2(b) of this Annex I need only identify the names of its Principals but not the portion of each Loan Transaction allocable to each Principal's ’s account, ; (ii) the xxxx to market margin maintenance obligations of Borrower and Lender Seller under Section 6 of the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans Transactions entered into by Agent on behalf of any Principal, ; and (iii) Borrower's Buyer’s and Lender's Seller’s remedies upon the occurrence of a an Event of Default shall be determined as if all Principals were a single Lender Seller or BorrowerBuyer, as the case may be.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this AnnexAnnex I), the parties agree that any transactions Transactions by Agent on behalf of a Plan an employee benefit plan under ERISA shall be treated as transactions Transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex I (and all xxxx to market margin maintenance obligations of the parties shall be determined on a LoanTransaction-by-Loan Transaction basis).
Appears in 1 contract
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Borrower and Agent and the other party shall elect whether (i) to treat Loans under the this Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans under the this Agreement as transactions on behalf of separate Principals.
(b) In the event that Borrower and Agent and the other party elect (or are deemed to elect) to treat Loans under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other partyBorrower, together with the notice described in Section 2(b) of this Annex, notice specifying the portion of each Loan allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan allocable to each Principal shall be deemed a separate Loan under the Agreement, ; (iii) the xxxx to mark xx market obligations of Borrower and Lender under Section 8 of the Agreement shall be determined on a Loan-by-Loan basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), ; and (iv) Borrower's and Lender's remedies under the Agreement upon the occurrence of a Default shall be determined as if Agent had entered into a separate Agreement with the other party Borrower on behalf of each of its Principals.
(c) In the event that Borrower and Agent and the other party elect to treat Loans under the this Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's notice under Section 2(b) of this Annex need only identify the names of its Principals but not the portion of each Loan allocable to each Principal's account, ; (ii) the xxxx to mark xx market obligations of Borrower and Lender under the Agreement Section 8 shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans entered into by Agent on behalf of any Principal, ; and (iii) Borrower's and Lender's remedies upon the occurrence of a Default shall be determined as if all Principals were a single Lender or Borrower, as the case may beLender.
(d) Notwithstanding any other provision of the Agreement (including, including without limitation, limitation this Annex), the parties agree that any transactions by Agent on behalf of a Plan shall be treated as transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex (and all xxxx to mark xx market obligations of the parties shall be determined on a Loan-by-Loan basis).
Appears in 1 contract
Samples: Master Securities Loan Agreement (Cooper Industries Inc)
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans Transactions under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans Transactions as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans Transactions under the Agreement as transactions on behalf of separate Principalsa single Principal.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section 2(b) of this AnnexAnnex I, notice specifying the portion of each Loan Transaction allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan Transaction is allocable to the account of more than one Principalprincipal), ; (ii) the portion of any individual Loan Transaction allocable to each Principal shall be deemed a separate Loan Transaction under the Agreement, ; (iii) the xxxx to market margin maintenance obligations of Borrower and Lender the related Seller under Section 6(a) of the Agreement shall be determined on a LoanTransaction-by-Loan Transaction basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), ; and (iv) Borrower's Buyer’s and Lender's the related Seller’s remedies under the Agreement upon the occurrence of a an Event of Default shall Shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans Transactions under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's ’s notice under Section 2(b) of this Annex I need only identify the names of its Principals but not the portion of each Loan Transaction allocable to each Principal's ’s account, ; (ii) the xxxx to market margin maintenance obligations of Borrower and Lender the related Seller under Section 6(a) of the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans Transactions entered into by Agent on behalf of any Principal, ; and (iii) Borrower's Buyer’s and Lender's the related Seller’s remedies upon the occurrence of a an Event of Default shall be determined as if all Principals were a single Lender Seller or BorrowerBuyer, as the case may be.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this AnnexAnnex I), the parties agree that any transactions Transactions by Agent on behalf of a Plan an employee benefit plan under ERISA shall be treated as transactions Transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex I (and all xxxx to market margin maintenance obligations of the parties shall be determined on a LoanTransaction-by-Loan Transaction basis).
Appears in 1 contract
Samples: Master Repurchase Agreement (Novastar Financial Inc)
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans Transactions under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans Transactions as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section 2(bParagraph 2 (b) of this AnnexAnnex IV, notice specifying the portion of each Loan Transaction allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan Transaction is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan Transaction allocable to each Principal shall be deemed a separate Loan Transaction under the Agreement, : (iii) the xxxx to market margin maintenance obligations of Borrower Buyer and Lender Seller under Paragraph 4 of the Agreement shall be determined on a LoanTransaction-by-Loan Transaction basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), ; and (iv) Borrower's Buyer’s and Lender's Seller’s remedies under the Agreement upon the occurrence of a an Event of Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans Transactions under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's ’s notice under Section Paragraph 2(b) of this Annex IV need only identify the names of its Principals but not the portion of each Loan Transaction allocable to each Principal's ’s account, ; (ii) the xxxx to market margin maintenance obligations of Borrower Buyer and Lender Seller under Paragraph 4 of the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans Transactions entered into by Agent on behalf of any Principal, ; and (iii) Borrower's Buyer’s and Lender's Seller’s remedies upon the occurrence of a an Event of Default shall be determined as if all Principals were a single Lender Seller or BorrowerBuyer, as the case may be.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this AnnexAnnex IV), the parties agree that any transactions Transactions by Agent on behalf of a Plan an employee benefit plan under ERISA shall be treated as transactions Transactions on behalf of separate Principals in accordance with Section 4(bParagraph 4 (b) of this Annex IV (and all xxxx to market margin maintenance obligations of the parties shall be determined on a LoanTransaction-by-Loan Transaction basis).
Appears in 1 contract
Samples: Master Repurchase Agreement (Provident Mortgage Capital Associates, Inc.)
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans Transactions under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans Transactions as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section Paragraph 2(b) of this AnnexAnnex IV, notice specifying the portion of each Loan Transaction allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan Transaction is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan Transaction allocable to each Principal shall be deemed a separate Loan Transaction under the Agreement, ; (iii) the xxxx to market margin maintenance obligations of Borrower Buyer and Lender Seller under Paragraph 4 of the Agreement shall be determined on a LoanTransaction-by-Loan Transaction basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), ; and (iv) Borrower's Buyer’s and Lender's Seller’s remedies under the Agreement upon the occurrence of a an Event of Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans Transactions under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's ’s notice under Section Paragraph 2(b) of this Annex IV need only identify the names of its Principals but not the portion of each Loan Transaction allocable to each Principal's ’s account, ; (ii) the xxxx to market margin maintenance obligations of Borrower Buyer and Lender Seller under Paragraph 4 of the Agreement shall, subject to any greater requirement imposed by applicable law, be determined deter-mined on an aggregate basis for all Loans Transactions entered into by Agent on behalf of any Principal, ; and (iii) Borrower's Buyer’s and Lender's Seller’s remedies upon the occurrence of a an Event of Default shall be determined as if all Principals were a single Lender Seller or BorrowerBuyer, as the case may be.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this AnnexAnnex IV), the parties agree that any transactions Transactions by Agent on behalf of a Plan an employee benefit plan under ERISA shall be treated as transactions Transactions on behalf of separate Principals in accordance with Section Paragraph 4(b) of this Annex IV (and all xxxx to market margin maintenance obligations of the parties shall be determined on a LoanTransaction-by-Loan Transaction basis).
Appears in 1 contract
Multiple Principals. (a) In the event that Agent proposes to act for more than one Principal hereunder, Agent and the other party shall elect whether (i) to treat Loans Transactions under the Agreement as transactions entered into on behalf of separate Principals or (ii) to aggregate such Loans Transactions as if they were transactions by a single Principal. Failure to make such an election in writing shall be deemed an election to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals.
(b) In the event that Agent and the other party elect (or are deemed to elect) to treat Loans Transactions under the Agreement as transactions on behalf of separate Principals, the parties agree that (i) Agent will provide the other party, together with the notice described in Section 2(b) of this AnnexAnnex I, notice specifying the portion of each Loan Transaction allocable to the account of each of the Principals for which it is acting (to the extent that any such Loan Transaction is allocable to the account of more than one Principal), ; (ii) the portion of any individual Loan Transaction allocable to each Principal shall be deemed a separate Loan Transaction under the Agreement, ; (iii) the xxxx to market margin maintenance obligations of Borrower and Lender each applicable Seller under Section 6(a) of the Agreement shall be determined on a LoanTransaction-by-Loan Transaction basis (unless the parties agree to determine such obligations on a Principal-by-Principal basis), ; and (iv) BorrowerBuyer's and Lender's Sellers' remedies under the Agreement upon the occurrence of a an Event of Default shall be determined as if Agent had entered into a separate Agreement with the other party on behalf of each of its Principals.
(c) In the event that Agent and the other party elect to treat Loans Transactions under the Agreement as if they were transactions by a single Principal, the parties agree that (i) Agent's notice under Section 2(b) of this Annex I need only identify the names of its Principals but not the portion of each Loan Transaction allocable to each Principal's account, ; (ii) the xxxx to market margin maintenance obligations of Borrower and Lender Sellers under Section 6(a) of the Agreement shall, subject to any greater requirement imposed by applicable law, be determined on an aggregate basis for all Loans Transactions entered into by Agent on behalf of any Principal, ; and (iii) BorrowerBuyer's and Lender's Sellers' remedies upon the occurrence of a an Event of Default shall be determined as if all Principals were a single Lender Seller or BorrowerBuyer, as the case may be.
(d) Notwithstanding any other provision of the Agreement (including, without limitation, this AnnexAnnex I), the parties agree that any transactions Transactions by Agent on behalf of a Plan an employee benefit plan under ERISA shall be treated as transactions Transactions on behalf of separate Principals in accordance with Section 4(b) of this Annex I (and all xxxx to market margin maintenance obligations of the parties shall be determined on a LoanTransaction-by-Loan Transaction basis).
Appears in 1 contract
Samples: Master Repurchase Agreement (MortgageIT Holdings, Inc.)
