Representations - NY VM CSA Provision

From The Jolly Contrarian
Revision as of 22:16, 21 January 2020 by Amwelladmin (talk | contribs)
Jump to navigation Jump to search
2016 NY VM CSA Anatomy™


In a Nutshell Section 9:

Template:Nutshell 2016 NY CSA 9 view template

2016 NY VM CSA full text of Section 9:

Paragraph 9 Representations
Each party represents to the other party (which representations will be deemed to be repeated as of each date on which it, as the Pledgor, Transfers Eligible Collateral (VM)) that:

9(i) it has the power to grant a security interest in and lien on any Eligible Collateral (VM) it Transfers as the Pledgor and has taken all necessary actions to authorize the granting of that security interest and lien;
9(ii) it is the sole owner of or otherwise has the right to Transfer all Eligible Collateral (VM) it Transfers to the Secured Party hereunder, free and clear of any security interest, lien, encumbrance or other restrictions other than the security interest and lien granted under Paragraph 2;
9(iii) upon the Transfer of any Eligible Collateral (VM) to the Secured Party under the terms of this Annex, the Secured Party will have a valid and perfected first priority security interest therein (assuming that any central clearing corporation or any third-party financial intermediary or other entity not within the control of the Pledgor involved in the Transfer of that Eligible Collateral (VM) gives the notices and takes the action required of it under applicable law for perfection of that interest); and
9(iv) the performance by it of its obligations under this Annex will not result in the creation of any security interest, lien or other encumbrance on any Posted Collateral (VM) other than the security interest and lien granted under Paragraph 2.

view template

Related Agreements
Click here for the text of Section 9 in the 1994 New York law CSA
Click here for the text of Section 7 in the 1995 English Law CSA
Click here for the text of Section 7 in the 2016 English Law VM CSA
Comparisons
Template:2nycsadiff 9
2016 VM CSA and 2016 NY Law VM CSA: click for comparison
1995 CSA and 2016 VM CSA: click for comparison

Tell me more
Sign up for our newsletter — or just get in touch: for ½ a weekly 🍺 you get to consult JC. Ask about it here.


Differences between CSA versions

Template:Nycsa capsule 9