Common use of Termination of a Loan Clause in Contracts

Termination of a Loan. (i) Loans shall generally be terminable on demand. With the prior approval of Lender, however, Loans may be made on the basis of a reasonably anticipated termination date ("Term Loan") and without providing for the right of substitution of equivalent Securities. Termination of a Term Loan prior to its anticipated termination date by either Lender or Borrower may result in the terminating party having to pay non-terminating party damages based on the cost of obtaining a replacement loan. (ii) Chase shall terminate any Loan of Securities to a Borrower as soon as practicable after (a) receipt by Chase of a notice of termination of the respective MSLA; (b) receipt by Chase of Written Instructions directing it to terminate a Loan; (c) receipt by Chase of Written Instructions instructing it to delete from Appendix 2 the Borrower to whom such Loans was made; (d) receipt by Chase of Written Instructions advising that the Security subject to a Loan is no longer subject to the representation contained in Section 3 hereof; (e) receipt by Chase of notice advising that an Event of Default (as defined in the applicable MSLA) has occurred and is continuing beyond any applicable grace period; (f) whenever Chase, in its sole discretion, elects to terminate such Loan other than a Term Loan; or (g) termination of this Lending Agreement. (iii) If Securities which are the subject of a Loan being terminated are to be sold by Lender, Written Instructions shall in no event be given to Chase later than the trade date established by Lender for such sale or such earlier date of which Chase may advise Lender from time to time with respect to particular markets. Chase shall not be liable for any failure of a Borrower to return Securities on Loans in a time fashion.

Appears in 15 contracts

Samples: Securities Lending Agreement (Delaware Pooled Trust Inc), Securities Lending Agreement (Delaware Group Premium Fund Inc), Securities Lending Agreement (Delaware Group Government Fund Inc)

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Termination of a Loan. (i) Loans shall generally be terminable on demand. With the prior approval of Lender, however, Loans may be made on the basis of a reasonably anticipated termination date ("Term Loan") and without providing for the right of substitution of equivalent Securitiessecurities. Termination of a Term Loan prior to its anticipated termination date by either Lender or Borrower may result in the terminating party having to pay the non-terminating party damages based on the cost of obtaining a replacement loan. (ii) Chase shall terminate any Loan of Securities to a Borrower as soon as practicable after after: (a) receipt by Chase of a notice of termination of the respective MSLA; (b) receipt by Chase of Written Instructions directing it to terminate a Loan; (c) receipt by Chase of Written Instructions instructing it to delete from Appendix 2 1 the Borrower to whom such Loans was made; (d) receipt by Chase of Written Instructions advising that the Security subject to a Loan is no longer subject to the representation contained in Section 3 hereof; (e) receipt by Chase of notice advising that an Event of Default (as defined in the applicable MSLA) has occurred and is continuing beyond any applicable grace period; (f) whenever Chase, in its sole discretion, elects to terminate such Loan other than a Term Loan; or (g) termination of this Lending Agreement.such (iii) If Securities which are the subject of a Loan being terminated are to be sold by Lender, Written Instructions shall in no event not be given to Chase later than the trade time and date established by Lender for such sale or such earlier date of which Chase may advise Lender from time to time with respect to particular marketsas set forth in Appendix 5 hereto. Chase shall not be liable for any fails occurring on a settlement date for sale of Securities if timely notice is not given by Lender as provided in this Section, and shall not be liable in any event (except as provided in ss.7) for failure of a Borrower to return Securities on Loans Loan in a time timely fashion.

Appears in 6 contracts

Samples: Securities Lending Agreement (Delaware Group Premium Fund), Securities Lending Agreement (Delaware Group Foundation Funds), Securities Lending Agreement (Delaware Group Global & International Funds Inc)

Termination of a Loan. (i) Loans shall generally be terminable on demand. With the prior approval of Lender, however, Loans may be made on the basis of a reasonably anticipated termination date ("Term Loan") and without providing for the right of substitution of equivalent Securitiessecurities. Termination of a Term Loan prior to its anticipated termination date by either Lender or Borrower may result in the terminating party having to pay the non-terminating party damages based on the cost of obtaining a replacement loan. (ii) Chase shall terminate any Loan of Securities to a Borrower as soon as practicable after after: (a) receipt by Chase of a notice of termination of the respective MSLA; (b) receipt by Chase of Written Instructions directing it to terminate a Loan; (c) receipt by Chase of Written Instructions instructing it to delete from Appendix 2 1 the Borrower to whom such Loans Loan was made; (d) receipt by Chase of Written Instructions advising that the Security subject to a Loan is no longer subject to the representation representations contained in Section 3 hereof; (e) receipt by Chase of notice advising that an Event of Default (as defined in the applicable MSLA) has occurred and is continuing beyond any applicable grace period; (f) whenever Chase, in its sole discretion, elects to terminate such termination of Loans by Lender (for whatever reason) the termination date shall be (a) for Foreign Securities, the standard settlement date for trades of the particular Foreign Securities subject to the terminated Loan other than a Term Loan; entered into on the date of such notice to Chase in the principal market for such securities, or (gb) termination for U.S. Securities, the third Business Day following receipt of this Lending Agreementsuch notice by Chase. (iii) If Securities which are the subject of a Loan being terminated are to be sold by Lender, Written Instructions shall in no event not be given to Chase later than the trade time and date established by Lender for such sale or such earlier date of which Chase may advise Lender from time to time with respect to particular marketsas set forth in Appendix 5 hereto. Chase shall not be liable for any fails occurring on a settlement date for sale of Securities if timely notice is not given by Lender as provided in this Section, and shall not be liable in any event (except as provided in ss.7) for failure of a Borrower to return Securities on Loans Loan in a time timely fashion.

Appears in 3 contracts

Samples: Securities Lending Agreement (Delaware Group Income Funds), Securities Lending Agreement (Delaware Group Adviser Funds Inc /Md/), Securities Lending Agreement (Delaware Group Equity Funds Ii)

Termination of a Loan. (i) Loans shall generally be terminable on demand. With the prior approval of Lender, however, Loans may be made on the basis of a reasonably anticipated termination date ("Term Loan") and without providing for the right of substitution of equivalent Securitiessecurities. Termination of a Term Loan prior to its anticipated termination date by either Lender or Borrower may result in the terminating party having to pay the non-terminating party damages based on the cost of obtaining a replacement loan. (ii) Chase shall terminate any Loan of Securities to a Borrower as soon as practicable after after: (a) receipt by Chase of a notice of termination of the respective MSLA; (b) receipt by Chase of Written Instructions directing it to terminate a Loan; (c) receipt by Chase of Written Instructions instructing it to delete from Appendix 2 1 the Borrower to whom such Loans Loan was made; (d) receipt by Chase of Written Instructions advising that the Security subject to a Loan is no longer subject to the representation representations contained in Section 3 hereof; (e) receipt by Chase of notice advising that an Event of Default (as defined in the applicable MSLA) has occurred and is continuing beyond any applicable grace period; (f) whenever Chase, in its sole discretion, elects to terminate such Loan other than a Term Loan; or (g) termination of this Lending Agreement., (iii) If Securities which are the subject of a Loan being terminated are to be sold by Lender, Written Instructions shall in no event not be given to Chase later than the trade time and date established by Lender for such sale or such earlier date of which Chase may advise Lender from time to time with respect to particular marketsas set forth in Appendix 5 hereto. Chase shall not be liable for any fails occurring on a settlement date for sale of Securities if timely notice is not given by Lender as provided in this Section, and shall not be liable in any event (except as provided in ss.7) for failure of a Borrower to return Securities on Loans Loan in a time timely fashion.

Appears in 2 contracts

Samples: Securities Lending Agreement (Delaware Pooled Trust Inc), Securities Lending Agreement (Delaware Group Limited Term Government Funds)

Termination of a Loan. (i) Loans shall generally be terminable on demand. With the prior approval of Lender, however, Loans may be made on the basis of a reasonably anticipated termination date ("Term Loan") and without providing for the right of substitution of equivalent Securitiessecurities. Termination of a Term Loan prior to its anticipated termination date by either Lender or Borrower may result in the terminating party having to pay the non-terminating party damages based on the cost of obtaining a replacement loan. (ii) Chase shall terminate any Loan of Securities to a Borrower as soon as practicable after after: (a) receipt by Chase of a notice of termination of the respective MSLA; (b) receipt by Chase of Written Instructions directing it to terminate a Loan; (c) receipt by Chase of Written Instructions instructing it to delete from Appendix 2 1 the Borrower to whom such Loans Loan was made; (d) receipt by Chase of Written Instructions advising that the Security subject to a Loan is no longer subject to the representation representations contained in Section 3 hereof; (e) receipt by Chase of notice advising that an Event of Default (as defined in the applicable MSLA) has occurred and is continuing beyond any applicable grace period; (f) whenever Chase, in its sole discretion, elects to terminate such Loan other than a Term Loan; or (g) termination of this Lending Agreement.continuing (iii) If Securities which are the subject of a Loan being terminated are to be sold by Lender, Written Instructions shall in no event not be given to Chase later than the trade time and date established by Lender for such sale or such earlier date of which Chase may advise Lender from time to time with respect to particular marketsas set forth in Appendix 5 hereto. Chase shall not be liable for any fails occurring on a settlement date for sale of Securities if timely notice is not given by Lender as provided in this Section, and shall not be liable in any event (except as provided in ss.7) for failure of a Borrower to return Securities on Loans Loan in a time timely fashion.

Appears in 2 contracts

Samples: Securities Lending Agreement (Delaware Group Equity Funds Iii), Securities Lending Agreement (Delaware Group Tax Free Fund)

Termination of a Loan. (i) Loans shall generally be terminable on demand. With the prior approval of Lender, however, Loans may be made on the basis of a reasonably anticipated termination date ("Term Loan") and without providing for the right of substitution of equivalent Securities. Termination of a Term Loan prior to its anticipated termination date by either Lender or Borrower may result in the terminating party having to pay non-terminating party damages based on the cost of obtaining a replacement loan. (ii) Chase shall terminate any Loan of Securities to a Borrower as soon as practicable after after: (a) receipt by Chase of a notice of termination of the respective MSLA; (b) receipt by Chase of Written Instructions directing it to terminate a Loan; (c) receipt by Chase of Written Instructions instructing it to delete from Appendix 2 1 the Borrower to whom which such Loans Loan was made; (d) receipt by Chase of Written Instructions advising that the Security subject to a Loan is no longer subject to the representation representations contained in Section 3 hereof; (e) receipt by Chase of notice advising that an Event of Default (as defined in the applicable MSLA) has occurred and is continuing beyond any applicable grace period; (f) whenever Chase, in its sole discretion, elects to terminate such Loan other than a Term Loan; or (g) termination of this Lending Agreementhereof. (iii) If Securities which are the subject of a Loan being terminated are to be sold by Lender, Written Instructions shall in no event be given to Chase later than the trade date established by Lender in the local market for such sale Securities or at such earlier date of which time as Chase may advise Lender from time to time with respect to particular markets. In accordance with its usual practice, Chase may, in its discretion, credit Lender's account on a contractual settlement date with the proceeds of any sale of Securities. Chase may reverse credits made to Lender's account in its discretion if the related transaction fails to settle within a reasonable period, determined by Chase in its discretion, after the contractual settlement date for such transaction. Chase shall not be liable for any delays in settlement (other than its own) directly caused by Lender if timely notice is not given by Lender as provided in this Section, and shall not be liable in any event (except as provided in Section 7) for failure of a Borrower to return Securities on Loans Loan in a time timely fashion.

Appears in 1 contract

Samples: Securities Lending Agreement (Emerging Markets Growth Fund Inc)

Termination of a Loan. (i) Loans shall generally be terminable on demand. With the prior approval of Lender, however, Loans may be made on the basis of a reasonably anticipated termination date ("Term Loan") and without providing for the right of substitution of equivalent Securitiessecurities. Termination of a Term Loan prior to its anticipated termination date by either Lender or Borrower may result in the terminating party having to pay the non-terminating party damages based on the cost of obtaining a replacement loan. (ii) Chase shall terminate any Loan of Securities to a Borrower as soon as practicable after after: (a) receipt by Chase of a notice of termination of the respective MSLA; (b) receipt by Chase of Written Instructions directing it to terminate a Loan; (c) receipt by Chase of Written Instructions instructing it to delete from Appendix 2 1 the Borrower to whom which such Loans Loan was made; (d) receipt by Chase of Written Instructions advising that the Security subject to a Loan is no longer subject to the representation representations contained in Section 3 hereof; (e) receipt by Chase of notice advising that an Event of Default (as defined in the applicable MSLA) has occurred and is continuing beyond any applicable grace period; (f) whenever Chase, in its sole discretion, elects to terminate such Loan other than a Term Loan; or (g) termination of this Lending Agreementhereof. (iii) If Securities which are the subject of a Loan being terminated are to be sold by Lender, Written Instructions shall in no event be given to Chase later than the trade date established by Lender in the local market for such sale Securities or at such earlier date of which time as Chase may advise Lender from time to time with respect to particular markets. Chase shall not be liable for any fails occurring on a settlement date for sale of Securities if timely notice is not given by Lender as provided in this Section, and shall not be liable in any event (except as provided in ss.7) for failure of a Borrower to return Securities on Loans Loan in a time timely fashion.

Appears in 1 contract

Samples: Securities Lending Agreement (Liberty Funds Trust Ii)

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Termination of a Loan. (i) Loans shall generally be terminable on demand. With the prior approval of Lender, , on behalf of the relevant Portfolio, however, Loans may be made on the basis of a reasonably anticipated termination date ("Term Loan") and without providing for the right of substitution of equivalent Securitiessecurities. Termination of a Term Loan prior to its anticipated termination date by either Lender Lender, on behalf of the relevant Portfolio, or Borrower may result in the terminating party having to pay the non-terminating party damages based on the cost of obtaining a replacement loan. (ii) Chase Lending Agent shall terminate any Loan of Securities to a Borrower as soon as practicable after after: (aA) receipt by Chase Lending Agent of a notice of termination of the respective MSLA; (bB) receipt by Chase Lending Agent of Written Instructions directing it to terminate a Loanthan; (c) Q receipt by Chase Lending Agent of Written Instructions instructing it to delete from Appendix 2 the Borrower to whom which such Loans Loan was made; (dD) receipt by Chase Lending Agent of Written Instructions advising that the Security subject to a Loan is no longer subject to the representation representations contained in Section 3 hereof; (eE) receipt by Chase Lending Agent of notice advising that an Event of Default (as defined in the applicable MSLA) has occurred and is continuing beyond any applicable grace period; (fF) whenever ChaseLending Agent, in its sole discretion, elects to terminate such Loan other than a Term Loan; or (gG) termination of this Lending Agreementhereof. (iii) If Securities which are the subject of a Loan being terminated are to be sold by Lender, Written Instructions on behalf of the relevant Portfolio, acknowledges that (1) termination hereof may result in the termination of certain Authorized Investments prior to their maturity which, in turn, may result in losses being realized in such Authorized Investments; and (2) any such losses shall in no event be given to Chase later than for the trade date established by Lender for such sale or such earlier date account and sole risk of which Chase may advise Lender from time to time with respect to particular markets. Chase shall not be liable for any failure of a Borrower to return Securities on Loans in a time fashionthe relevant Portfolio.

Appears in 1 contract

Samples: Securities Lending Agreement (Performance Funds Trust)

Termination of a Loan. (i) Loans shall generally be terminable on demand. With the prior approval of Lender, , on behalf of the relevant Portfolio, however, Loans may be made on the basis of a reasonably anticipated termination date ("Term Loan") and without providing for the right of substitution of equivalent Securitiessecurities. Termination of a Term Loan prior to its anticipated termination date by either Lender Lender, on behalf of the relevant Portfolio, or Borrower may result in the terminating party having to pay the non-terminating party damages based on the cost of obtaining a replacement loan. (ii) Chase Lending Agent shall terminate any Loan of Securities to a Borrower as soon as practicable after after: (aA) receipt by Chase Lending Agent of a notice of termination of the respective MSLA; (bB) receipt by Chase Lending Agent of Written Instructions directing it to terminate a Loan; (cC) receipt by Chase Lending Agent of Written Instructions instructing it to delete from Appendix 2 the Borrower to whom which such Loans Loan was made; (dD) receipt by Chase Lending Agent of Written Instructions advising that the Security subject to a Loan is no longer subject to the representation representations contained in Section 3 hereof; (eE) receipt by Chase Lending Agent of notice advising that an Event of Default (as defined in the applicable MSLA) has occurred and is continuing beyond any applicable grace period; (fF) whenever ChaseLending Agent, in its sole discretion, elects to terminate such Loan other than a Term Loan; or (gG) termination of this Lending Agreementhereof. (iii) If Securities which are the subject of a Loan being terminated are to be sold by Lender, Written Instructions on behalf of the relevant Portfolio, acknowledges that: (1) termination hereof may result in the termination of certain Authorized Investments prior to their maturity which, in turn, may result in losses being realized in such Authorized Investments; and (2) any such losses shall in no event be given to Chase later than for the trade date established by Lender for such sale or such earlier date account and sole risk of which Chase may advise Lender from time to time with respect to particular markets. Chase shall not be liable for any failure of a Borrower to return Securities on Loans in a time fashionthe relevant Portfolio.

Appears in 1 contract

Samples: Securities Lending Agreement (Performance Funds Trust)

Termination of a Loan. (i) Loans shall generally be terminable on demand. With the prior approval of Lender, however, Loans may be made on the basis of a reasonably anticipated termination date ("Term Loan") and without providing for the right of substitution of equivalent Securities. Termination of a Term Loan prior to its anticipated termination date by either Lender or Borrower may result in the terminating party having to pay non-non- terminating party damages based on the cost of obtaining a replacement loan. (ii) Chase shall terminate any Loan of Securities to a Borrower as soon as practicable after (a) receipt by Chase of a notice of termination of the respective MSLA; (b) receipt by Chase of Written Instructions directing it to terminate a Loan; (c) receipt by Chase of Written Instructions instructing it to delete from Appendix 2 the Borrower to whom such Loans was made; (d) receipt by Chase of Written Instructions advising that the Security subject to a Loan is no longer subject to the representation contained in Section 3 hereof; (e) receipt by Chase of notice advising that an Event of Default (as defined in the applicable MSLA) has occurred and is continuing beyond any applicable grace period; (f) whenever Chase, in its sole discretion, elects to terminate such Loan other than a Term Loan; or (g) termination of this Lending Agreement. (iii) If Securities which are the subject of a Loan being terminated are to be sold by Lender, Written Instructions shall in no event be given to Chase later than the trade date established by Lender for such sale or such earlier date of which Chase may advise Lender from time to time with respect to particular markets. Chase shall not be liable for any failure of a Borrower to return Securities on Loans in a time fashion.

Appears in 1 contract

Samples: Securities Lending Agreement (Delaware Group Delchester High Yield Bond Fund Inc)

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