Securities Loan Agreement. The Lending Agent is authorized to execute securities loan agreements (each an “SLA”) as the Client’s agent on a disclosed basis with Approved Borrowers. The SLA will be in substantially a form or forms set forth in Schedule B hereto, as such form or forms may be materially amended from time to time with prior written approval of the Client. The Client specifically approves such form of agreement and agrees, upon request of the Lending Agent, to cause the Advisor to promptly furnish to the Lending Agent the Client’s financial statements or other documents or information reasonably requested by the Lending Agent in order to enable the Lending Agent to satisfy reasonable credit and legal requests by Approved Borrowers in connection with any SLA or loan transaction.
Securities Loan Agreement. BBH&Co. is hereby authorized to execute an SLA as the Fund’s agent on a disclosed basis with each Approved Borrower. The SLA will be in substantially the form of Schedule 3 annexed hereto. Subject to the preceding sentence, the terms of the SLA with each Approved Borrower may vary depending upon any separate negotiation between BBH&Co. and each Approved Borrower and other factors, but: (a) shall be consistent in all material respects with the requirements of this Agreement; (b) shall require the return of loaned securities not later than the times specified in Section 4.1 of this Agreement; and (c) shall require that the Fund receive from each Approved Borrower payment in the amount of any dividends, interest or other distributions paid with respect to the loaned securities the record date for which occurs during the term of the loan, in an amount equal to the amount the Fund would have been entitled to receive had it not lent the loaned securities. The Fund agrees to be bound by the terms of SLA’s entered into by BBH&Co. with Approved Borrowers with respect to the Fund’s participation in the securities lending program as though the Fund were itself a party to all of such agreements. The Fund agrees, upon request, to promptly furnish or cause to be furnished to BBH&Co. the Fund’s financial statements to enable BBH&Co. to comply with any request therefor by any Approved Borrower in connection with any SLA. Certain terms of individual loans, including the amounts or fees to be received or paid to the Approved Borrower, shall be negotiated at the time a loan is made. BBH&Co. may prepare a transactional confirmation in respect of each loan effected pursuant to an SLA, setting forth the securities borrowed and the material terms of the loan, and may transmit the same to the Approved Borrower in accordance with such SLA. The Fund understands and agrees that the identity of the Fund will be disclosed by BBH&Co. to the Approved Borrower in accordance with the SLA.
Securities Loan Agreement. Lending Agent is hereby authorized to execute an MSLA as each Participating Fund's agent on a disclosed basis with each Approved Borrower. Subject to Section 3.2 hereto, each Participating Fund hereby authorizes Lending Agent to revise, without notice to the Participating Fund, the terms of any MSLA with any Approved Borrower as Lending Agent deems necessary or appropriate, in its discretion, for the effectuation of any transaction contemplated hereby or thereby. Each Participating Fund agrees to be bound by the terms of MSLA's entered into by Lending Agent with Borrowers with respect to the Participating Fund's participation in the Program as though the Participating Fund were itself a party to all of such agreements. Lending Agent shall negotiate on behalf of each Participating Fund with each Approved Borrower all terms of a securities loan, including the amounts or fees to be received or paid pursuant to the applicable MSLA. Lending Agent may prepare a transactional confirmation in respect of each loan effected pursuant to an MSLA, setting forth the securities borrowed and the material terms of the loan, and may transmit the same to the Approved Borrower in accordance with such MSLA. Each Participating Fund understands and agrees that the identity of the Participating Fund will be disclosed by Lending Agent to the Approved Borrower in accordance with the MSLA.
Securities Loan Agreement. Custodian hereby acknowledges its ------------------------- receipt from the Company on behalf of the Fund of a copy of the Securities Loan Agreement. The Fund shall provide Custodian, prior to the effectiveness thereof, with a copy of any amendment to the Securities Loan Agreement.
Securities Loan Agreement. NFS is authorized to execute securities loan agreements (each an ‘SLA’) as the Trust’s agent on a disclosed basis with Approved Borrowers. The SLA will be in substantially the forms set forth in Exhibit B hereto (i.e., the Master Securities Lending Agreement and the Global Master Securities Lending Agreement), as such forms may be materially amended from time to time with prior written approval of the Trust or the Adviser. The Trust agrees, upon request of NFS, to cause the Adviser to promptly furnish to NFS the Trust’s financial statements or other documents or information reasonably requested by NFS in order to enable NFS to satisfy reasonable credit and legal requests by Approved Borrowers in connection with any SLA or loan transaction.
Securities Loan Agreement. Custodian hereby acknowledges its receipt ------------------------- from the Company on behalf of the Fund of a copy of the Securities Loan Agreement. The Fund shall provide Custodian, prior to the effectiveness thereof, with a copy of any amendment to the Securities Loan Agreement.
Securities Loan Agreement. BBH&Co. is hereby authorized to execute an SLA as the Fund's agent on a disclosed basis with each Approved Borrower. The SLA will be in substantially the form of Schedule 3 annexed hereto. Subject to the preceding sentence, the terms of the SLA with each Approved Borrower may vary depending upon any separate negotiation between BBH&Co. and Borrower and other factors, but shall be consistent in all material respects with the requirements of this Agreement. The Fund agrees to be bound by the terms of SLA's entered into by BBH&Co. with Approved Borrowers with respect to the Fund's participation in the securities lending program as though the Fund were itself a party to all of such agreements. The Fund agrees, upon request, to promptly furnish or cause to be furnished to BBH&Co. the Fund's publicly available financial statements to enable BBH&Co. to comply with any request therefor by any Approved Borrower in connection with any SLA. Certain terms of individual loans, including the amounts or fees to be received or paid to the Approved Borrower, shall be negotiated at the time a loan is made. BBH&Co. may prepare a transactional confirmation in respect of each loan effected pursuant to an SLA, setting forth the securities borrowed and the material terms of the loan, and may transmit the same to the Approved Borrower in accordance with such SLA. The Fund understands and agrees that the identity of the Fund will be disclosed by BBH&Co. to the Approved Borrower in accordance with the SLA.
Securities Loan Agreement. Each Loan of Securities shall be made pursuant to a written agreement between Lending Agent, as agent for the Customer, and the Borrower (“Securities Loan Agreement”) substantially in industry standard form, an example of which is attached hereto as Schedule 2. The Customer authorizes Lending Agent to enter into Securities Loan Agreements with Borrowers as may be selected by Lending Agent. Each Securities Loan Agreement shall have such terms and conditions as Lending Agent may negotiate with the Borrower. Lending Agent shall use reasonable efforts to negotiate Securities Loan Agreements not materially adverse to the Customer from Schedule 2. The Customer acknowledges and agrees that the non-material provisions of the Securities Loan Agreement with any Borrower may differ from the Securities Loan Agreement attached hereto as a result of the customary negotiation process between Lending Agent and Borrower. No Loan shall be initiated that would result in the spread between the interest rate earned on the investment of Cash Collateral and the rebate rate paid to Borrower being, on the day that the Loan is made, less than five (5) basis points. The Customer specifically authorizes Lending Agent to agree to a provision in the Securities Loan Agreement which submits the Customer to either the exclusive or non-exclusive jurisdiction of any United States federal or New York state court sitting in the borough of Manhattan in New' York City, and any appellate court from any such court, solely for the purpose of any suit, action or proceeding brought to enforce its obligations hereunder or relating in any way to the Securities Loan Agreement or any transaction hereunder. The Customer also specifically authorizes Lending Agent to agree to a provision in the Securities Loan Agreement with all or some of the additional remedies afforded to the non-defaulting party under Section 6 of Schedule B of the Securities Loan Agreement (attached to this Agreement as Schedule 2) or to omit the additional remedies provision in its entirety.
Securities Loan Agreement. The meaning set forth in the first ------------------------- Whereas clause of this Agreement.
Securities Loan Agreement. NFS is authorized to execute securities loan agreements (each an “SLA”) as the Trust’s agent on a disclosed basis with Approved Borrowers. The SLA will be in substantially the form set forth in Exhibit B hereto, as such form may be materially amended from time to time with prior written approval of the Trust or the Adviser. The Trust agrees, upon request of NFS, to cause the Adviser to promptly furnish to NFS the Trust’s financial statements or other documents or information reasonably requested by NFS in order to enable NFS to satisfy reasonable credit and legal requests by Approved Borrowers in connection with any SLA or loan transaction.
