Examples of Collateral Directive in a sentence
Neither SG Issuer, the Guarantor nor any other party makes any representation as to the interpretation of, or any amendments to, any of the provisions of the Collateral Directive or its implementation in Luxembourg.
Each Pledge Agreement will be governed by the Luxembourg act dated 5 August 2005 on financial collateral arrangements, as amended (the Collateral Act 2005) implementing Directive 2002/47/EC on financial collateral arrangements (the Collateral Directive) in Luxembourg.
This latter phenomenon will be referred to hereafter as ‘proprietary substitution’.17 The right of use under the Collateral Directive is not in the interest of collateral providers.
This is the solution chosen by the Swedish government in the course of the implementation of the Collateral Directive into Swedish law (see DS 2003.38).
On the basis of Article 5 of the Collateral Directive, a right of use of collateral can be granted on the basis of a security interest.
The Collateral Directive will change this situation.15 Collateral in the sense of the Collateral Directive serves two functions.
Note that the collateral provider’s contractual claim enjoys enhanced protection in the event of insolvency, because contractual set-off provisions are enforceable under the regime of the Collateral Directive.
Second, the collateral provider in any case has nothing more than a contractual claim from the moment the collateral taker exercises his right of use.18 Generally, if you vest a security interest, you expect to remain owner of the collateral.19 However, under the regime of the Collateral Directive, collateral providers are only left with a contractual claim.
The right of use in Article 5 of the Collateral Directive entails a general right of disposal for a collateral taker in respect of securities provided to it as collateral (if such a right has been agreed),45 as well as proprietary substitution.
In particular, significant changes to the Luxembourg act dated 5 August 2005 on financial collateral arrangements, as amended (the Collateral Act 2005) implementing Directive 2002/47/EC on financial collateral arrangements (the Collateral Directive) in Luxembourg may have an adverse impact on the rights of the Noteholders.