Common use of Risk of Investments and Transactions Clause in Contracts

Risk of Investments and Transactions. It is not the intention of the parties that Securities Intermediary should bear any investment risk associated with Eligible Investments or Overnight Investments acquired for the credit of the Reserve Account in accordance with Section 4. Any losses or gains realized on such Investments shall be charged or credited to the Reserve Account, as appropriate. On committing to a transaction for the credit of the Reserve Account pursuant to an instruction permitted in accordance with Section 4, Securities Intermediary may, (i) pending settlement, block (A) the Investments to be sold or (B) credit balances sufficient to settle any acquisition, or the Investment the liquidation of which will yield funds sufficient to settle any acquisition and, (ii) at the time of settlement, deliver such Investments or funds in accordance with the rules, custom or practice of the particular market.

Appears in 100 contracts

Samples: Securities Account Control Agreement (Toyota Auto Receivables 2024-C Owner Trust), Control Agreement (Toyota Auto Receivables 2024-C Owner Trust), Securities Account Control Agreement (Toyota Auto Receivables 2024-a Owner Trust)

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Risk of Investments and Transactions. It is not the intention of the parties that Securities Intermediary should bear any investment risk associated with Eligible Permitted Investments or Overnight Investments acquired for the credit of the Reserve Account Collateral Accounts in accordance with Section 4. Any losses or gains realized on such Investments shall be charged or credited to the Reserve AccountCollateral Accounts, as appropriate. On committing to a transaction for the credit of the Reserve Account Collateral Accounts pursuant to an instruction permitted in accordance with Section 4, Securities Intermediary may, (i) pending settlement, block (A) the Investments to be sold or (B) credit balances sufficient to settle any acquisition, or the Investment the liquidation of which will yield funds sufficient to settle any acquisition and, (ii) at the time of settlement, deliver such Investments or funds in accordance with the rules, custom or practice of the particular market.

Appears in 4 contracts

Samples: Master Disbursement Agreement (Wynn Resorts LTD), Master Disbursement Agreement (Wynn Resorts LTD), Master Disbursement Agreement (Wynn Las Vegas LLC)

Risk of Investments and Transactions. It is not the intention of the parties that Securities Intermediary should bear any investment risk associated with Eligible Permitted Investments or Overnight Investments acquired for the credit of the Reserve Collateral Account in accordance with Section 4. Any losses or gains realized on such Investments shall be charged or credited to the Reserve Collateral Account, as appropriate. On committing to a transaction for the credit of the Reserve Collateral Account pursuant to an instruction permitted in accordance with Section 4, Securities Intermediary may, (i) pending settlement, block (A) the Investments to be sold or (B) credit balances sufficient to settle any acquisition, or the Investment the liquidation of which will yield funds sufficient to settle any acquisition and, (ii) at the time of settlement, deliver such Investments or funds in accordance with the rules, custom or practice of the particular market.

Appears in 3 contracts

Samples: Master Disbursement Agreement (Wynn Resorts LTD), Master Disbursement Agreement (Wynn Resorts LTD), Holdings Collateral Account Agreement (Aladdin Capital Corp)

Risk of Investments and Transactions. It is not the intention of the parties that Securities Intermediary should bear any investment risk associated with Eligible Permitted Investments or Overnight Investments acquired for the credit of the Reserve Account Collateral Accounts in accordance with Section 4. Any losses or gains realized on such Investments shall be charged or credited to the Reserve AccountCollateral Accounts, as appropriate. On committing to a transaction for the credit of the Reserve Account Collateral Accounts pursuant to an instruction permitted in accordance with Section 4, Securities Intermediary may, (i) pending settlement, block (A) the Investments to be sold or (B) credit balances sufficient to settle any acquisition, or the Investment the liquidation of which will yield funds sufficient to settle any acquisition and, (ii) at the time of settlement, deliver such Investments or funds in accordance with the rules, custom or practice of the particular market.

Appears in 2 contracts

Samples: Account Agreement (Grand Canal Shops Mall Construction LLC), Completion Guaranty Collateral Account Agreement (Grand Canal Shops Mall Construction LLC)

Risk of Investments and Transactions. It is not the intention of the parties that Securities Intermediary should bear any investment risk associated with Eligible Permitted Investments or Overnight Investments acquired for the credit of the Reserve Account Collateral Accounts in accordance with Section 4. Any losses or gains realized on such Investments shall be charged or credited to the Reserve AccountCollateral Accounts, as appropriate. On committing to a transaction for the credit of the Reserve Account Collateral Accounts pursuant to an instruction permitted in accordance with Section 4, Securities Intermediary may, (i) pending settlement, block (A) the Investments to be sold or (B) credit balances sufficient to settle any acquisition, or the Investment investments the liquidation of which will yield funds sufficient to settle any acquisition and, (ii) at the time of settlement, deliver such Investments or funds in accordance with the rules, custom or practice of the particular market.

Appears in 2 contracts

Samples: Account Agreement (Grand Canal Shops Mall Construction LLC), Account Agreement (Grand Canal Shops Mall Construction LLC)

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Risk of Investments and Transactions. It is not the intention of the parties that Securities Intermediary Financial Institution should bear any investment risk associated with Eligible Permitted Investments or Overnight Investments acquired for the credit of the Reserve Account Collateral Accounts in accordance with Section 4. Any losses or gains realized on such Investments shall be charged or credited to the Reserve AccountCollateral Accounts, as appropriate. On committing to a transaction for the credit of the Reserve Account Collateral Accounts pursuant to an instruction permitted in accordance with Section 4, Securities Intermediary Financial Institution may, (i) pending settlement, block (A) the Investments to be sold or (B) credit balances sufficient to settle any acquisition, or the Investment the liquidation of which will yield funds sufficient to settle any acquisition and, (ii) at the time of settlement, deliver such Investments or funds in accordance with the rules, custom or practice of the particular market.

Appears in 1 contract

Samples: Disbursement Collateral Account Agreement (Las Vegas Sands Corp)

Risk of Investments and Transactions. It is not the intention of the parties that Securities Intermediary should bear any investment risk associated with Eligible Investments or Overnight Investments acquired for the credit of the Reserve Account Collateral Accounts in accordance with Section 4. Any losses or gains realized on such Investments shall be charged or credited to the Reserve AccountCollateral Accounts, as appropriate. On committing to a transaction for the credit of the Reserve Account Collateral Accounts pursuant to an instruction permitted in accordance with Section 4, Securities Intermediary may, (i) pending settlementsettlement of such transactions, block (A) the Investments to be sold or (B) credit balances sufficient to settle any acquisition, or the Investment the liquidation of which will yield funds sufficient to settle any acquisition and, (ii) at the time of settlement, deliver such Investments or funds in accordance with the rules, custom or practice of the particular market.. 257

Appears in 1 contract

Samples: Credit Agreement (Prime Hospitality Corp)

Risk of Investments and Transactions. It is not the intention of the parties that Securities Intermediary should bear any investment risk associated with Eligible Permitted Investments or Overnight Investments acquired for the credit of the Reserve Disbursement Account in accordance with Section 4. Any losses or gains realized on such Investments shall be charged or credited to the Reserve Disbursement Account, as appropriate. On committing to a transaction for the credit of the Reserve Disbursement Account pursuant to an instruction permitted in accordance with Section 4, Securities Intermediary may, (i) pending settlement, block (A) the Investments to be sold or (B) credit balances sufficient to settle any acquisition, or the Investment the liquidation of which will yield funds sufficient to settle any acquisition and, (ii) at the time of settlement, deliver such Investments or funds in accordance with the rules, custom or practice of the particular market.

Appears in 1 contract

Samples: Disbursement Account Agreement (Las Vegas Sands Inc)

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