Common use of Your Relationship With Us Clause in Contracts

Your Relationship With Us. Agency and Custodial Relationship We will act as your agent in placing deposits for you through the DDA-MMDA Option. Under a separate agreement with you that grants us custodial powers (“Custodial Agreement”), we will also act as your custodian for the Deposit Accounts. Each Deposit Account will be recorded (i) on the records of the Destination Institution in the name of BNY Mellon, as our sub-custodian, (ii) on the records of BNY Mellon in our name, as your custodian, and (iii) on our records in your name. The recording will occur in a manner that permits the Deposit Account to be FDIC- insured to the same extent as if it were recorded on the records of Destination Institution in your name. For purposes of Article 8 of the Uniform Commercial Code, we will act as your securities intermediary for, and will treat as financial assets, the Deposit Accounts and all your security entitlements and other related interests and assets with respect to the Deposit Accounts, and we will treat you as entitled to exercise the rights that constitute the Deposit Accounts. All interests that we hold for the Deposit Accounts will be held by us only as your securities intermediary and will not be our property. You will be the owner of the funds in the Deposit Accounts and any interest on those funds. Termination of Custodial Relationship Either you or we may terminate the custodial relationship between you and us at any time. You may not transfer the Deposit Accounts to another custodian, but you may dismiss us as your custodian for a Deposit Account and request that it be recorded on the records of the Destination Institution in your name. We will endeavor to cause any request from you pursuant to Section 2.2(a) to be promptly forwarded to the Destination Institution. Each Destination Institution has agreed that it will promptly fulfill any such request, subject to its customer identification policies and other account opening terms and conditions. If a Deposit Account has been recorded on the records of a Destination Institution in your name pursuant to this Section 2, you will be able to enforce your rights in the Deposit Account directly against the Destination Institution, but we will no longer have any custodial responsibility for it and you will not be able to enforce any rights against the Destination Institution through us. If we were to become insolvent, our receiver or other successor in interest could transfer custody of the Deposit Accounts, and our rights and obligations under this Agreement, to a new custodian. Alternatively, you could exercise your right to have the Deposit Accounts recorded on the records of the Destination Institutions in your name pursuant to this Section 2.

Your Relationship With Us. Agency and Custodial Relationship We will act as your agent in placing deposits for you through the DDA-MMDA OptionICS. Under a separate agreement with you that grants us custodial powers (“Custodial Agreement”), we will also act as your custodian for the Deposit Accounts. Each Deposit Account will be recorded (i) on the records of the a Destination Institution in the name of BNY Mellon, as our sub-custodian, (ii) on the records of BNY Mellon in our name, as your custodian, and (iii) on our records in your name. The recording will occur in a manner that permits the Deposit Account to be FDIC- insured to the same extent as if it were recorded on the records of a Destination Institution in your name. For purposes of Article 8 of the Uniform Commercial Code, we will act as your securities intermediary for, and will treat as financial assets, the Deposit Accounts and all your security entitlements and other related interests and assets with respect to the Deposit Accounts, and we will treat you as entitled to exercise the rights that constitute the Deposit Accounts. All interests that we hold for the Deposit Accounts will be held by us only as your securities intermediary and will not be our property. You will be the owner of the funds in the Deposit Accounts and any interest on those funds. Termination of Custodial Relationship Either you or we may terminate the custodial relationship between you and us at any time. You may not transfer the Deposit Accounts to another custodian, but you may dismiss us as your custodian for a Deposit Account and request that it be recorded on the records of the Destination Institution in your name. We will endeavor to cause any request from you pursuant to Section 2.2(a) to be promptly forwarded to the Destination Institution. Each Destination Institution has agreed that it will promptly fulfill any such request, subject to its customer identification policies and other account opening terms and conditions. If a Deposit Account has been recorded on the records of a Destination Institution in your name pursuant to this Section 2, you will be able to enforce your rights in the Deposit Account directly against the Destination Institution, but we will no longer have any custodial responsibility for it and you will not be able to enforce any rights against the Destination Institution through us. If we were to become insolvent, our receiver or other successor in interest could transfer custody of the Deposit Accounts, and our rights and obligations under this Agreement, to a new custodian. Alternatively, you could exercise your right to have the Deposit Accounts recorded on the records of the Destination Institutions in your name pursuant to this Section 2.

Your Relationship With Us. Agency and Custodial Relationship We will act as your agent in placing deposits for you through the DDA-MMDA OptionCDARS. Under a separate agreement with you that grants us custodial powers (“Custodial Agreement”), we will also act as your custodian for the Deposit AccountsCDs. Each Deposit Account CD will be recorded (i) on the records of the a Destination Institution in the name of BNY Mellon, as our sub-custodian, (ii) on the records of BNY Mellon in our name, as your custodian, and (iii) on our records in your name. The recording will occur in a manner that permits the Deposit Account CD to be FDIC- FDIC-insured to the same extent as if it were recorded on the records of a Destination Institution in your name. For purposes of Article 8 of the Uniform Commercial Code, we will act as your securities intermediary for, and will treat as financial assets, the Deposit Accounts CDs and all your security entitlements and other related interests and assets with respect to the Deposit AccountsCDs, and we will treat you as entitled to exercise the rights that constitute the Deposit AccountsCDs. All interests that we hold for the Deposit Accounts CDs will be held by us only as your securities intermediary and will not be our property. You will be the owner of the funds in the Deposit Accounts CDs and any interest on those funds. Termination of Custodial Relationship Either you or we may terminate the custodial relationship between you and us at any time. You may not transfer the Deposit Accounts CDs to another custodian, but you may dismiss us as your custodian for a Deposit Account CD and request that it be recorded on the records of the Destination Institution in your name. We will endeavor to cause any request from you pursuant to Section 2.2(a) to be promptly forwarded to the Destination Institution. Each Destination Institution has agreed that it will promptly fulfill any such request, subject to its customer identification policies and other account opening terms and conditions. If a Deposit Account CD has been recorded on the records of a Destination Institution in your name pursuant to this Section 2, you will be able to enforce your rights in the Deposit Account CD directly against the Destination Institution, but we will no longer have any custodial responsibility for it and you will not be able to enforce any rights against the Destination Institution through us. If we were to become insolvent, our receiver or other successor in interest could transfer custody of the Deposit AccountsCDs, and our rights and obligations under this Agreement, to a new custodian. Alternatively, you could exercise your right to have the Deposit Accounts CDs recorded on the records of the Destination Institutions in your name pursuant to this Section 2.

Your Relationship With Us. Agency 3.1 This Ebury Markets Agreement shall take effect between you and Custodial Relationship Ebury Markets on the earlier to occur of: (a) signing and returning to Ebury Markets a copy of this Ebury Markets Agreement (by email or post); or (b) you registering via our Online System and clicking to accept/sign the Ebury Markets Agreement, each the “Ebury Markets Effective Date”. 3.2 This Ebury Markets Agreement shall take effect on the Ebury Markets Effective Date and shall continue in full force and effect until the Ebury Markets Agreement is terminated by you or us in accordance with its terms. 3.3 We will act have categorised you as your agent a “Professional Client” or “Eligible Counterparty” under the FCA Rules. You have the right to request a different Client Categorisation either generally, or in placing deposits for you through the DDA-MMDA Optionrespect of a particular service, type of transaction or product. Under If we receive such a separate agreement with you that grants us custodial powers (“Custodial Agreement”)request, we will also act as your custodian inform you of whether or not we accept it and, if we do accept it, of any such limitations that such re-categorisation will entail. We may require additional information from you so that we can consider any such request and satisfy ourselves that a different Client Categorisation or the provision of a particular service, transaction or product is suitable for the Deposit Accountsyou. Each Deposit Account will be recorded (i) However, until we receive such a request and inform you of our acceptance of it, we shall deal with you on the records basis of the Destination Institution in the name of BNY Mellon, as our sub-custodian, (ii) on the records of BNY Mellon in our name, as original Client Categorisation. 3.4 You agree and acknowledge that you are responsible for keeping us informed about any change that could affect your custodian, and (iii) on our records in Client Categorisation. Should your name. The recording will occur circumstances change in a manner way that permits means you will no longer be capable of being categorised as a Professional Client or Eligible Counterparty, you understand and agree that we may decide not to continue to provide the Deposit Account Ebury Markets Services to be FDIC- insured you under this Ebury Markets Agreement. 3.5 Your Client Categorisation will determine the level of protection afforded to the same extent as if it were recorded on the records of Destination Institution you under Applicable Laws. We will notify you in writing about your nameentitlement to certain regulatory protection(s) prior to agreeing to a re-categorisation request. 3.6 We may review your Client Categorisation at any time, in accordance with Applicable Laws. For purposes of Article 8 of the Uniform Commercial Code, we will act as your securities intermediary for, and will treat as financial assets, the Deposit Accounts and all your security entitlements and other related interests and assets with respect to the Deposit Accounts, and we will treat We may request additional information from you as entitled to exercise the rights that constitute the Deposit Accounts. All interests that we hold for the Deposit Accounts will be held by us only as your securities intermediary and will not be our propertypart of any such review. You will be notified in writing in the owner event of any change which may affect you. 3.7 You must tell us immediately if any of the funds information you have previously provided to us changes, including: (a) a change of name, registered address, directors, country of incorporation, Authorised Parties, shareholders or beneficial owners; (b) a material change to your business activities or operations; or (c) a material change to your Financial Position. 3.8 You understand and agree that if any time prior to the occurrence of a Termination Date, we consider (in our sole and absolute discretion) that one or more of the Deposit Accounts events set out in Clause 9.2 (Termination) below has occurred and any interest on those funds. Termination is continuing in respect of Custodial Relationship Either you or you, we may terminate suspend: (a) the custodial relationship between provision of all or any Ebury Markets Services to you and us at any time. You may not transfer the Deposit Accounts to another custodian, but you may dismiss us as your custodian for a Deposit Account and request that it be recorded on the records of the Destination Institution in your name. We will endeavor to cause any request from you pursuant to Section 2.2(a) to be promptly forwarded to the Destination Institution. Each Destination Institution has agreed that it will promptly fulfill any such request, subject to its customer identification policies and other account opening terms and conditions. If a Deposit Account has been recorded on the records of a Destination Institution in your name pursuant to this Section 2, you will be able to enforce your rights in the Deposit Account directly against the Destination Institution, but we will no longer have any custodial responsibility for it and you will not be able to enforce any rights against the Destination Institution through us. If we were to become insolvent, our receiver or other successor in interest could transfer custody of the Deposit Accounts, and our rights and obligations under this Ebury Markets Agreement, ; and/or (b) the payment of any amount which has become due and payable from us to a new custodian. Alternatively, you could exercise your right to have the Deposit Accounts recorded on the records of the Destination Institutions in your name pursuant to this Section 2you.