Common use of Release of Collateral by Custodian; Excess Collateral Clause in Contracts

Release of Collateral by Custodian; Excess Collateral. Custodian agrees to release Collateral or other assets to the Customer from the Special Custody Account only upon receipt of an Advice from NFS. NFS shall periodically and upon request notify Customer and Custodian in an Advice when the Collateral in the Special Custody Account is in excess of the Adequate Margin then required for the Secured Obligations related thereto. At Customer's or Custodian’s request, NFS shall direct Custodian (via an Advice to Custodian for such purposes) to transfer such excess Collateral in an amount and value determined by NFS from the Special Custody Account to another account of Customer at Custodian or at another financial institution. Notwithstanding the foregoing, Customer understands that the value of the Collateral remaining in the Special Custody Account must at all times constitute Adequate Margin to secure the Secured Obligations of NFS related thereto, and NFS shall have no obligation to release Collateral or other property from the Special Custody Account at any time when there is not Adequate Margin to cover all of Customer’s Secured Obligations to NFS (whether such Secured Obligations are related to the Special Custody Account or otherwise). Other than as a result of Custodian’s gross negligence or willful misconduct, Custodian shall have no responsibility or liability for determining whether an Advice is in compliance with this Agreement, and Customer, NTSI and NFS hereby authorize Custodian to comply with any such Advice. Customer, NTSI and NFS shall each be solely responsible for ensuring that only its respective authorized persons transmit an Advice to Custodian.

Release of Collateral by Custodian; Excess Collateral. Custodian agrees to release Collateral or other assets to the Customer from the Special Custody Account only upon receipt of an Advice from NFSthe Broker. NFS Broker shall periodically and upon request notify Customer and Custodian in an Advice when the Collateral in the Special Custody Account is in excess of the Adequate Margin then required for the Secured Obligations related theretoObligations. At Customer's or Custodian’s 's request, NFS Broker shall direct Custodian (via an Advice to Custodian for such purposes) to transfer (i) such excess Collateral in an amount and value determined by NFS Broker from the Special Custody Account to another account of Customer Customer's at Custodian or and (ii) any assets in the Special Custody Account other than Collateral (provided such assets are not required, in Broker's reasonable judgment, to secure the amount of the Secured Obligations) from the Special Custody Account to another account of Customer's at another financial institutionCustodian. Notwithstanding the foregoing, Customer understands that the value of the Collateral remaining in the Special Custody Account must at all times still constitute Adequate Margin to secure the Broker's Secured Obligations of NFS related thereto, and NFS shall have no obligation to release Collateral or other property from the Special Custody Account at any time when there is not Adequate Margin to cover all of Customer’s Secured Obligations to NFS (whether such Secured Obligations are related to the Special Custody Account or otherwise). Other than as a result of Custodian’s gross negligence or willful misconduct, Custodian shall have no responsibility or liability for determining whether an Advice is in compliance with this Agreement, and Customer, NTSI and NFS hereby authorize Custodian to comply with any such Advice. Customer, NTSI and NFS shall each be solely responsible for ensuring that only its respective authorized persons transmit an Advice to CustodianObligations.

Release of Collateral by Custodian; Excess Collateral. Custodian agrees to release Collateral or other assets to the Customer from the Special Custody Account only upon receipt of an Advice from NFSthe Broker. NFS Broker shall periodically and upon request notify Customer and Custodian in an Advice when the Collateral in the Special Custody Account is in excess of the Adequate Margin then required for the Secured Obligations related thereto. At Customer's ’s or Custodian’s request, NFS Broker shall direct Custodian (via an Advice to Custodian for such purposes) to transfer such excess Collateral in an amount and value determined by NFS Broker from the Special Custody Account to another account of Customer at Custodian or at another financial institution. Notwithstanding the foregoing, Customer understands that the value of the Collateral remaining in the Special Custody Account must at all times constitute Adequate Margin to secure the Broker’s Secured Obligations of NFS related thereto, and NFS Broker shall have no obligation to release Collateral or other property from the Special Custody Account at any time when there is not Adequate Margin to cover all of Customer’s Secured Obligations to NFS Broker (whether such Secured Obligations are related to the Special Custody Account or otherwise). Other than as a result of Custodian’s gross negligence or willful misconduct, Custodian shall have no responsibility or liability for determining whether an Advice is in compliance with this Special Custody Account Pledge and Control Agreement, and Customer, NTSI and NFS hereby authorize Custodian to comply with any such Advice. Customer, NTSI and NFS shall each be solely responsible for ensuring that only its respective authorized persons transmit an Advice to Custodian.

Release of Collateral by Custodian; Excess Collateral. Custodian agrees to release Collateral or other assets to the Customer from the Special Custody Account only upon receipt of an Advice from NFSthe Broker. NFS Broker shall periodically and upon request notify Customer and Custodian in an Advice when the Collateral in the Special Custody Account is in excess of the Adequate Margin then required for the Secured Obligations related theretoObligations. At Customer's or Custodian’s request, NFS Broker shall direct Custodian (via an Advice to Custodian for such purposes) to transfer (i) such excess Collateral in an amount and value determined by NFS Broker from the Special Custody Account to another account of Customer Customer’s at Custodian or and (ii) any assets in the Special Custody Account other than Collateral (provided such assets are not required, in Broker’s reasonable judgment, to secure the amount of the Secured Obligations) from the Special Custody Account to another account of Customer’s at another financial institutionCustodian. Notwithstanding the foregoing, Customer understands that the value of the Collateral remaining in the Special Custody Account must at all times still constitute Adequate Margin to secure the Secured Obligations of NFS related thereto, and NFS shall have no obligation to release Collateral or other property from the Special Custody Account at any time when there is not Adequate Margin to cover all of CustomerBroker’s Secured Obligations to NFS (whether such Secured Obligations are related to the Special Custody Account or otherwise). Other than as a result of Custodian’s gross negligence or willful misconduct, Custodian shall have no responsibility or liability for determining whether an Advice is in compliance with this Agreement, and Customer, NTSI and NFS hereby authorize Custodian to comply with any such Advice. Customer, NTSI and NFS shall each be solely responsible for ensuring that only its respective authorized persons transmit an Advice to CustodianObligations.

Release of Collateral by Custodian; Excess Collateral. Custodian agrees to release Collateral or other assets to the Customer from the Special Custody Account only upon receipt of an Advice from NFSthe Broker. NFS Broker shall periodically and upon request notify Customer and Custodian in an Advice when the Collateral in the Special Custody Account is in excess of the Adequate Margin then required for the Secured Obligations related thereto. At Customer's or Custodian’s request, NFS Broker shall direct Custodian (via an Advice to Custodian for such purposes) to transfer such excess Collateral in an amount and value determined by NFS Broker from the Special Custody Account to another account of Customer at Custodian or at another financial institution. Notwithstanding the foregoing, Customer understands that Special Custody Account Pledge and Control Agreement the value of the Collateral remaining in the Special Custody Account must at all times constitute Adequate Margin to secure the Broker’s Secured Obligations of NFS related thereto, and NFS Broker shall have no obligation to release Collateral or other property from the Special Custody Account at any time when there is not Adequate Margin to cover all of Customer’s Secured Obligations to NFS Broker (whether such Secured Obligations are related to the Special Custody Account or otherwise). Other than as a result of Custodian’s gross negligence or willful misconduct, Custodian shall have no responsibility or liability for determining whether an Advice is in compliance with this Agreement, and Customer, NTSI and NFS hereby authorize Custodian to comply with any such Advice. Customer, NTSI and NFS shall each be solely responsible for ensuring that only its respective authorized persons transmit an Advice to Custodian.

Release of Collateral by Custodian; Excess Collateral. Custodian agrees to release Collateral or other assets to the Customer from the Special Custody Account only upon receipt of an Advice from NFSthe Broker. NFS Broker shall periodically and upon request notify Customer and Custodian in an Advice when the Collateral in the Special Custody Account is in excess of the Adequate Margin then required for the Secured Obligations related thereto. At Customer's or Custodian’s request, NFS Broker shall direct Custodian (via an Advice to Custodian for such purposes) to transfer such excess Collateral in an amount and value determined by NFS Broker from the Special Custody Account to another account of Customer at Custodian or at another financial institution. Notwithstanding the foregoing, Customer understands that the value of the Collateral remaining in the Special Custody Account must at all times constitute Adequate Margin to secure the Broker’s Secured Obligations of NFS related thereto, and NFS Broker shall have no obligation to release Collateral or other property from the Special Custody Account at any time when there is not Adequate Margin to cover all of Customer’s Secured Obligations to NFS Broker (whether such Secured Obligations are related to the Special Custody Account or otherwise). Other than as a result of Custodian’s gross negligence or willful misconduct, Custodian shall have no responsibility or liability for determining whether an Advice is in compliance with this Agreement, and Customer, NTSI and NFS hereby authorize Custodian to comply with any such Advice. Customer, NTSI and NFS shall each be solely responsible for ensuring that only its respective authorized persons transmit an Advice to Custodian.