Safekeeping of Financial Instruments. 1. The Client’s Financial Instruments shall be deposited for safekeeping with a third party/custodian in the name of the Client and/or in the name of the Company on behalf of the Client subject to the terms of this Agreement, which may include the Company if applicable and permitted by applicable legislation. Such Financial Instruments may not be separately identifiable from the proprietary Financial Instruments of the third party / custodian and in such cases, the Client may not be fully protected against any act, omission or the insolvency of the third party / custodian.
Safekeeping of Financial Instruments. 15.1. The Client confirms its acknowledgment and acceptance of the following conditions:
Safekeeping of Financial Instruments. The Client’s Financial Instruments shall be deposited for safekeeping with a third party/custodian in the name of the Client and/or in the name of the Company on behalf of the Client subject to the terms of this Agreement, which may include the Company if applicable and permitted by applicable legislation. Such Financial Instruments may not be separately identifiable from the proprietary Financial Instruments of the third party / custodian and in such cases, the Client may not be fully protected against any act, omission or the insolvency of the third party / custodian. The Company shall act with diligence and care during the appointment and monitoring of the third party / custodian for the holding and safeguarding of Financial Instruments. The Company shall not be liable for any loss suffered by the Client due to any act, omission or the insolvency of the third party / custodian, unless such loss is the result of gross negligence or fraud by the Company in the appointment or monitoring of the third party / custodian. Where the Financial Instruments and assets of the Client are deposited for safekeeping with a third party / custodian of the Client’s choice, the Client will enter directly into an agreement with the third party / custodian of his choice and will notify the Company in writing of the appointment and the details of the third party / custodian.
Safekeeping of Financial Instruments. 4.1.1 Financial Instruments shall be held in custody by BNYM in accordance with the requirements of the Directive and the Other Dutch Laws and the Depositary shall perform the services as set out in the Custody Agreement in relation to such Financial Instruments held in custody by BNYM.
Safekeeping of Financial Instruments. 1. The Client’s Financial Instruments, unless they fall under a class of OTC derivatives that has been declared subject to the clearing obligation of Article 4 of EMIR, will be deposited for safekeeping and custody with the Company, and it shall be the Company performing the valuation of such Financial Instruments, including the valuation of margin required to maintain such positions.
