Common use of Transfers of Collateral between Accounts Clause in Contracts

Transfers of Collateral between Accounts. Customer agrees that the BofA Entities, at any time, at any BofA Entity’s discretion and without prior notice to Customer, may use, apply, or transfer any and all Collateral interchangeably between BofA Entities in any accounts in which Customer has an interest. With respect to Collateral pledged principally to secure Obligations under any Contract with any BofA Entity, the BofA Entities shall have the right, but in no event the obligation, to apply all or any portion of such Collataral to Customer’s Obligations to any of the BofA Entities under any other Contract, to transfer all or any portion of such Collateral to secure Customer’s Obligations to any of the BofA Entities under any other Contract or to release any such Collateral. Under no circumstances shall any Collateral pledged principally to secure Obligations to any of the BofA Entities under any Contract with any BofA Entity be required to be applied or transferred to secure Obligations to any of the BofA Entities or to be released if (i) any BofA Entity determines that such transfer would render it undersecured with respect to any Obligations, (ii) an event of default has occurred under such Contract or (iii) any such application, transfer or release would be contrary to Applicable Law.

Appears in 2 contracts

Samples: Bas Agreement (Highland Capital Management Lp), Bas Agreement (Highland Capital Management Lp)

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Transfers of Collateral between Accounts. Customer agrees that the BofA Entities, at any time, at any either BofA Entity’s discretion and without prior notice to Customer, may use, apply, or transfer any and all Collateral interchangeably between the BofA Entities in any accounts in which Customer has an interest. With respect to Collateral pledged principally to secure Obligations under any Contract with any BofA EntityContract, the BofA Entities shall have the right, but in no event the obligation, to apply all or any portion of such Collataral Collateral to Customer’s Obligations to any either of the BofA Entities under any other Contract, to transfer all or any portion of such Collateral to secure Customer’s Obligations to any either of the BofA Entities under any other Contract or to release any such Collateral. Under no circumstances shall any Collateral pledged principally to secure Obligations to any either of the BofA Entities under any Contract with any BofA Entity be required to be applied or transferred to secure Obligations to any either of the other BofA Entities or to be released if (i) any either BofA Entity determines that such transfer would render it undersecured with respect to any Obligations, (ii) an event of default has occurred with respect to Customer under such any Contract or Obligation or (iii) any such application, transfer or release would be contrary to Applicable Law. The BofA Entities shall not transfer Collateral from any account in which Customer has an interest to satisfy a deficit in another such account, if doing so would cause the first account to have a collateral or margin deficit and unless the second account has an actual deficit.

Appears in 1 contract

Samples: Bal Agreement (Fiduciary/Claymore MLP Opportunity Fund)

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Transfers of Collateral between Accounts. Customer agrees that the BofA Entities, at any time, at any BofA Entity’s discretion and without prior notice to Customer, may use, apply, or transfer any and all Collateral interchangeably between BofA Entities Entitles in any accounts in which Customer has an interest. With respect to Collateral pledged principally to secure Obligations under any Contract with any BofA Entity, the BofA Entities shall have the right, but in no event the obligation, to apply all or any portion of such Collataral Collateral to Customer’s Obligations to any of the BofA Entities under any other Contract, to transfer all or any portion of such Collateral to secure Customer’s Obligations to any of the BofA Entities under any other Contract or to release any such Collateral. Under no circumstances shall any Collateral pledged principally to secure Obligations to any of the BofA Entities under any Contract with any BofA Entity be required to be applied or transferred to secure Obligations to any of the BofA Entities or to be released if (i) any BofA Entity determines that such transfer would render it undersecured with respect to any Obligations, (ii) an event of default has occurred under such Contract or (iii) any such application, transfer or release would be contrary to Applicable Law.

Appears in 1 contract

Samples: Bas Agreement (Highland Capital Management Lp)

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