Common use of Security Interest and Lien Clause in Contracts

Security Interest and Lien. All collateral which you may at any time be carrying for the Undersigned or which may at any time be in your possession or control for any purpose, including safekeeping, and any proceeds and distributions there from, shall be subject to a general lien and a continuing, first security interest for the discharge of all obligations and liabilities of the Undersigned to you in connection with Account Number 14-81836 and 14-A045D; irrespective of whether or not you have made advances in connection with such securities, commodities or other property, and irrespective of the number of accounts the Undersigned may have with you, or whether Xxxxxx Xxxxxxx & Co. International Limited, Xxxxxx Xxxxxxx Japan Ltd., Xxxxxx Xxxxxxx Asia Ltd., Xxxxxx Xxxxxxx Trust Company, Xxxxxx Xxxxxxx GMBH, Xxxxxx Xxxxxxx Bank Luxembourg, Xxxxxx Xxxxxxx Market Products Inc., Xxxxxx Xxxxxxx Capital Group Inc., Xxxxxx Xxxxxxx Group Inc., Xxxxxx Xxxxxxx & Co. Incorporated and their officers, directors, agents and/or other employees (also collectively referred to as the “Xxxxxx Xxxxxxx Entities”) holds such Collateral. You and the Undersigned each acknowledge and agree that each Xxxxxx Xxxxxxx Entity which holds Collateral holds such Collateral for itself and also as agent and bailee for all other Xxxxxx Xxxxxxx Entities which are secured parties under any Contract in connection with Account Number 14-81836 and 14-A045D. You may, at any time at your discretion and without prior notice to the Undersigned, use, apply, or transfer any and all securities or other property interchangeably between Xxxxxx Xxxxxxx Entities in connection with Account Number 14-81836 and 14-A045D other than from Regulated Commodity Accounts. In the event of a breach or default under this agreement, you shall have all rights and remedies available to a secured creditor under any applicable law in addition to the rights and remedies provided herein. All collateral delivered to you shall be free and clear of all prior liens, claims and encumbrances, and the Undersigned will not cause or allow any of the collateral in your possession or control, whether now owned or hereafter acquired, to be or become subject to any liens, security interests, mortgages or encumbrances of any nature other than the security interest created in your favor. The Undersigned shall execute such documents and take such other action as you shall reasonably request in order to perfect your rights with respect to any such collateral. Alternatively, the Undersigned appoints you as the Undersigned’s attorney-in fact to act on the Undersigned’s behalf to sign, seal, execute, file and deliver all documents, and do all such acts as may be required, to perfect or realize upon all rights in the securities or other property.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement (Ultratech Inc)

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Security Interest and Lien. All collateral You hereby grant to each Bear Xxxxxxx entity a valid and first priority, perfected, continuing security interest in and assign (a) all property now or hereafter held or carried by any Bear Xxxxxxx entity in any of your accounts, all property in which you now have or hereafter acquire an interest which is now or hereafter held by or through any Bear Xxxxxxx entity and all property held or otherwise subject to the control of any Bear Xxxxxxx entity or agent thereof, including (without limitation) all margin, securities, monies, and investment property (including without limitation all financial assets and instruments), (b) all rights you have in any Obligation (as defined in Paragraph 3 below) of any Bear Xxxxxxx entity, (c) any and all rights, claims or causes of action you may at now or hereafter have against any time be carrying Bear Xxxxxxx entity (including without limitation all rights you have in any repurchase agreement to which any Bear Xxxxxxx entity is a party) and (d) all proceeds of or distributions on any of the foregoing (collectively (a) through (d), “Collateral”), as security and margin for the Undersigned or which may at payment and performance of any time be in and all of your possession or control for any purposeObligations to each Bear Xxxxxxx entity; provided, including safekeepinghowever, and any proceeds and distributions there from, shall be subject to a general lien and a continuing, first security interest for the discharge of all obligations and liabilities of the Undersigned to that Collateral pledged by you in connection with Account Number 14-81836 and 14-A045D; irrespective a particular Activity shall secure first your Obligations with respect to that Activity and, second, your Obligations with respect to all Activities. The description of whether or any property that is Collateral with respect to any Activity, including, but not you have made advances limited to, Collateral described in connection with such securitiesany confirmation, commodities or other property, and irrespective of the number of accounts the Undersigned may have with youaccount statement, or whether Xxxxxx Xxxxxxx & Co. International LimitedActivity Report (as defined in Paragraph 8 below), Xxxxxx Xxxxxxx Japan Ltd., Xxxxxx Xxxxxxx Asia Ltd., Xxxxxx Xxxxxxx Trust Company, Xxxxxx Xxxxxxx GMBH, Xxxxxx Xxxxxxx Bank Luxembourg, Xxxxxx Xxxxxxx Market Products Inc., Xxxxxx Xxxxxxx Capital Group Inc., Xxxxxx Xxxxxxx Group Inc., Xxxxxx Xxxxxxx & Co. Incorporated is hereby incorporated into this Agreement as if fully set forth herein and their officers, directors, agents and/or other employees (also collectively referred to as the “Xxxxxx Xxxxxxx Entities”) holds such Collateralconstitutes Collateral hereunder. You and the Undersigned each Bear Xxxxxxx entity, hereby acknowledge and agree agree, for the benefit of each Bear Xxxxxxx entity, that all Collateral is held as Collateral by each Xxxxxx Bear Xxxxxxx Entity which holds Collateral holds such Collateral entity for itself and also itself, and, as agent and bailee for all other Xxxxxx Bear Xxxxxxx Entities which are entities. Each Bear Xxxxxxx entity agrees to act as agent and bailee of and for each other Bear Xxxxxxx entity in respect of the Collateral and shall hold any Collateral both as secured parties party and as agent and bailee of and for each other Bear Xxxxxxx entity. Each Bear Xxxxxxx entity, shall, and hereby agrees to, and you agree that it may comply, without your further consent, with any orders or instructions of each other Bear Xxxxxxx entity with respect to the Collateral, including (without limitation), (a) any entitlement orders or other instructions, including without limitation, all notifications it receives directing it to transfer (including, without limitation, to a Bear Xxxxxxx entity) or redeem any Collateral and (b) if the Bear Xxxxxxx entity is a commodity intermediary, any instructions to such Bear Xxxxxxx entity to apply any value distributed on account of a commodity contract as directed by each other Bear Xxxxxxx entity. Each Bears Xxxxxxx entity has the right, in its sole discretion, to not comply with (i) any entitlement order or other instructions originated by you or a third party that would require a Bear Xxxxxxx entity to make a delivery of Collateral to you or any other person and (ii) any instruction from you to apply any value on account of any commodity contract (whether such value is distributable or not), to the extent that such Collateral is necessary to satisfy any Obligation (including, without limitation, any requirement for margin or other security) to itself or any Bear Xxxxxxx entity if such other Bear Xxxxxxx entity requests (orally or in writing, itself or through an agent) that such entitlement order or instruction not be complied with. You agree that the actions of a Bear Xxxxxxx entity in not complying with your instructions as allowed in this Paragraph 3 satisfy any duties we may have under the Uniform Commercial Code. This Paragraph 3 shall survive the termination of this Agreement, thereby extending the right to any Contract lien and security interest until such time as, in connection with Account Number 14-81836 the sole discretion of Bear Xxxxxxx, security for the repayment of your Obligations in no longer required. Each Activity has been entered into in consideration of each other Activity and 14-A045D. You your performance of each and every one of your Obligations when due is a condition precedent to Bear Xxxxxxx’ performance of its Obligations; provided, however, that Activities shall not be merged. In furtherance of the foregoing, any Bear Xxxxxxx entity may, at any time at your discretion and without prior notice to the Undersignedyou, use, applycredit, apply or transfer any and all securities such Collateral (or make other property interchangeably between Xxxxxx Xxxxxxx Entities in connection with Account Number 14-81836 and 14-A045D other than from Regulated Commodity Accounts. In the event of a breach arrangements) at, or default under this agreement, you shall have all rights and remedies available to a secured creditor under any applicable law in addition to the rights and remedies provided herein. All collateral delivered to you shall be free and clear of all prior liens, claims and encumbrances, and the Undersigned will not cause or allow any of the collateral in your possession or control, whether now owned or hereafter acquired, to be or become subject to any liens, security interests, mortgages or encumbrances of any nature other than the security interest created in your favor. The Undersigned shall execute such documents and take such other action as you shall reasonably request in order to perfect your rights with respect to any such collateral. AlternativelyObligation to, the Undersigned appoints you as the Undersigned’s attorney-in fact any Bear Xxxxxxx entity to act on the Undersigned’s behalf to sign, seal, execute, file and deliver all documents, and do all such acts as may be required, to perfect satisfy or realize upon all rights in the securities or other propertysecure any of your Obligations.

Appears in 2 contracts

Samples: Account Opening Agreement, Account Opening Agreement

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Security Interest and Lien. All collateral Collateral which you may at any time be carrying for the Undersigned undersigned or which may at any time be in your possession or control for any purpose, including safekeeping, and any proceeds and distributions there fromtherefrom, shall be subject to a general lien and a continuing, continuing first security interest for the discharge of all obligations Obligations and liabilities of the Undersigned undersigned to you in connection with Account Number 14-81836 and 14-A045D; you, irrespective of whether or not you have made advances in connection with such securities, commodities or other propertyCollateral, and irrespective of the number of accounts the Undersigned undersigned may have with you, or whether which Xxxxxx Xxxxxxx & Co. International Limited, Xxxxxx Xxxxxxx Japan Ltd., Xxxxxx Xxxxxxx Asia Ltd., Xxxxxx Xxxxxxx Trust Company, Xxxxxx Xxxxxxx GMBH, Xxxxxx Xxxxxxx Bank Luxembourg, Xxxxxx Xxxxxxx Market Products Inc., Xxxxxx Xxxxxxx Capital Group Inc., Xxxxxx Xxxxxxx Group Inc., Xxxxxx Xxxxxxx & Co. Incorporated and their officers, directors, agents and/or other employees (also collectively referred to as the “Xxxxxx Xxxxxxx Entities”) Entity holds such Collateral. For purposes of this Agreement, "Obligations" shall mean any and all obligations of a party arising at any time and from time to time, whether or not mature or contingent, related to the purchase or sale of securities or other property, or under or in connection with any and all Contracts, including without limitation, payment and delivery obligations, obligations relating to the extension of credit or to pay damages (including costs of cover) and payment of legal and other expenses incurred in connection with the enforcement of Contracts. You and the Undersigned undersigned each acknowledge and agree that each Xxxxxx Xxxxxxx Entity which holds Collateral holds such Collateral for itself and also as agent and bailee for all other Xxxxxx Xxxxxxx Entities which are secured parties under any Contract in connection with Account Number 14-81836 and 14-A045D. Contract. You may, at any time at your discretion and without with prior notice to the Undersignedundersigned, if practicable under the circumstances, use, apply, or transfer any and all securities or other property Collateral interchangeably between Xxxxxx Xxxxxxx Entities in connection with Account Number 14-81836 and 14-A045D any accounts in which the undersigned has an interest other than from Regulated Commodity Accounts. In the event of a breach or default under this agreementthis, or any other, agreement with the BlackRock Large Cap Core Plus Fund of BlackRock Large Cap Series Funds, Inc., you shall have all rights and remedies available to a secured creditor under any applicable law in addition to the rights and remedies provided herein. All collateral Collateral delivered to you shall be free and clear of all prior liens, claims and encumbrances, and the Undersigned undersigned will not cause or allow any of the collateral Collateral in your possession or control, whether now owned or hereafter acquired, to be or become subject to any liens, security interests, mortgages or encumbrances of any nature other than the security interest created in your favor. The Undersigned undersigned shall execute such documents and take such other action as you shall reasonably request in order to perfect your rights with respect to any such collateralCollateral. AlternativelyIn addition, the Undersigned undersigned appoints you as the Undersigned’s undersigned's attorney-in in-fact to act on the Undersigned’s undersigned's behalf to sign, seal, execute, file execute and deliver all documents, and do all such acts as may be required, to perfect or realize upon all rights in the securities or other propertyCollateral.

Appears in 1 contract

Samples: Prime Broker Margin Account Agreement (Blackrock Large Cap Series Funds, Inc.)

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