Common use of Securities Financing Transactions Clause in Contracts

Securities Financing Transactions. You agree that XNT its Delegates and any Counterparty may enter into arrangements for securities financing transactions in respect of Instruments held by XNT on your behalf, or held on your behalf in a nominee account maintained by a Delegate or other third party, or otherwise use such Instruments for the account of a third party, subject to the following: (i) when you transfer Instruments to XNT, you expressly authorise XNT, without giving notice to you, to borrow, lend, pledge, charge, rehypothecate, dispose of or otherwise use any Instruments for the account of XNT’s clients to the extent permitted under Applicable Regulations, including, without limitation, use in securities financing transactions (as defined in the MFSA Rules), and you expressly authorise XNT to and hereby authorise any Delegate and any Counterparty to use the Instruments held with them for securities financing transactions or otherwise, for their own account or for the account of their customers, in accordance with the Transaction Documentation; (ii) upon borrowing, lending or other use by XNT, such Instruments will become the absolute property of XNT (or that of its transferee) free from any Security Interest and from any right, title or interest of yours; (iii) XNT, any Delegate or Counterparty may retain for its own account all fees, profits and other benefits received in connection with any such use of Instruments; (iv) upon any such use of Instruments by XNT, you will have a right against XNT for the delivery of Instruments of an identical amount, type, nominal value and description, having the same rights as the other Instruments and, for Securities, are of the same issuer (“Equivalent Assets”). XNT may deliver, or procure delivery of, Equivalent Assets to you by causing such Equivalent Assets to be transferred or designated to your Account. Such Equivalent Assets will upon such transfer or designation become subject to all of the provisions of this Agreement, including without limitation, this Clause 10 and Clause 11.

Securities Financing Transactions. You agree that XNT EXT its Delegates and any Counterparty may enter into arrangements for securities financing transactions in respect of Instruments held by XNT EXT on your behalf, or held on your behalf in a nominee account maintained by a Delegate or other third party, or otherwise use such Instruments for the account of a third party, subject to the following: (i) when you transfer Instruments to XNTEXT, you expressly authorise XNTEXT, without giving notice to you, to borrow, lend, pledge, charge, rehypothecate, dispose of or otherwise use any Instruments for the account of XNTEXT’s clients to the extent permitted under Applicable Regulations, including, without limitation, use in securities financing transactions (as defined in the MFSA CYSEC Rules), and you expressly authorise XNT EXT to and hereby authorise any Delegate and any Counterparty to use the Instruments held with them for securities financing transactions or otherwise, for their own account or for the account of their customers, in accordance with the Transaction Documentation; (ii) upon borrowing, lending or other use by XNTEXT, such Instruments will become the absolute property of XNT EXT (or that of its transferee) free from any Security Interest and from any right, title or interest of yours; (iii) XNTEXT, any Delegate or Counterparty may retain for its own account all fees, profits and other benefits received in connection with any such use of Instruments; (iv) upon any such use of Instruments by XNTEXT, you will have a right against XNT EXT for the delivery of Instruments of an identical amount, type, nominal value and description, having the same rights as the other Instruments and, for Securities, are of the same issuer (“Equivalent Assets”). XNT EXT may deliver, or procure delivery of, Equivalent Assets to you by causing such Equivalent Assets to be transferred or designated to your Account. Such Equivalent Assets will upon such transfer or designation become subject to all of the provisions of this Agreement, including without limitation, this Clause 10 and Clause 11.

Securities Financing Transactions. You agree that XNT EXANTE its Delegates and any Counterparty may enter into arrangements for securities financing transactions in respect of Instruments held by XNT EXANTE on your behalf, or held on your behalf in a nominee account maintained by a Delegate or other third party, or otherwise use such Instruments for the account of a third party, subject to the following: (i) when you transfer Instruments to XNTEXANTE, you expressly authorise XNTEXANTE, without giving notice to you, to borrow, lend, pledge, charge, rehypothecate, dispose of or otherwise use any Instruments for the account of XNTEXANTE’s clients to the extent permitted under Applicable Regulations, including, without limitation, use in securities financing transactions (as defined in the MFSA Rules), and you expressly authorise XNT EXANTE to and hereby authorise any Delegate and any Counterparty to use the Instruments held with them for securities financing transactions or otherwise, for their own account or for the account of their customers, in accordance with the Transaction Documentation; (ii) upon borrowing, lending or other use by XNTEXANTE, such Instruments will become the absolute property of XNT EXANTE (or that of its transferee) free from any Security Interest and from any right, title or interest of yours; (iii) XNTEXANTE, any Delegate or Counterparty may retain for its own account all fees, profits and other benefits received in connection with any such use of Instruments; (iv) upon any such use of Instruments by XNTEXANTE, you will have a right against XNT EXANTE for the delivery of Instruments of an identical amount, type, nominal value and description, having the same rights as the other Instruments and, for Securities, are of the same issuer (“Equivalent Assets”). XNT EXANTE may deliver, or procure delivery of, Equivalent Assets to you by causing such Equivalent Assets to be transferred or designated to your Account. Such Equivalent Assets will upon such transfer or designation become subject to all of the provisions of this Agreement, including without limitation, this Clause 10 and Clause 11.

Securities Financing Transactions. You agree that XNT XHK its Delegates and any Counterparty may enter into arrangements for securities financing transactions in respect of Instruments held by XNT XHK on your behalf, or held on your behalf in a nominee account maintained by a Delegate or other third party, or otherwise use such Instruments for the account of a third party, subject to the following: (i) when you transfer Instruments to XNTXHK, you expressly authorise XNTXHK, without giving notice to you, to borrow, lend, pledge, charge, rehypothecate, dispose of or otherwise use any Instruments for the account of XNTXHK’s clients to the extent permitted under Applicable Regulations, including, without limitation, use in securities financing transactions (as defined in the MFSA SFC Rules), and you expressly authorise XNT XHK to and hereby authorise any Delegate and any Counterparty to use the Instruments held with them for securities financing transactions or otherwise, for their own account or for the account of their customers, in accordance with the Transaction Documentation; (ii) upon borrowing, lending or other use by XNTXHK, such Instruments will become the absolute property of XNT XHK (or that of its transferee) free from any Security Interest and from any right, title or interest of yours; (iii) XNTXHK, any Delegate or Counterparty may retain for its own account all fees, profits and other benefits received in connection with any such use of Instruments; (iv) upon any such use of Instruments by XNTXHK, you will have a right against XNT XHK for the delivery of Instruments of an identical amount, type, nominal value and description, having the same rights as the other Instruments and, for Securities, are of the same issuer (“Equivalent Assets”). XNT XHK may deliver, or procure delivery of, Equivalent Assets to you by causing such Equivalent Assets to be transferred or designated to your Account. Such Equivalent Assets will upon such transfer or designation become subject to all of the provisions of this Agreement, including without limitation, this Clause 10 and Clause 11.