Template:OSLA 1995 4(b)(vi): Difference between revisions

{{oslaprov|4(B)(vi)}} Each {{oslaprov|Party}} undertakes that where it holds {{oslaprov|Securities}} of the same description as any {{oslaprov|Securities}} borrowed by it or transferred to it by way of {{oslaprov|Collateral}} at a time when a right to vote arises in respect of such {{oslaprov|Securities}}, it will use its best endeavours to arrange for the voting rights attached to such {{oslaprov|Securities}} to be exercised in accordance with the instructions of the {{oslaprov|Lender}} or {{oslaprov|Borrower}} (as the case may be) PROVIDED ALWAYS THAT each {{oslaprov|Party}} shall use its best endeavours to notify the other of its instructions in writing no later than seven {{oslaprov|Business Day}}s prior to the date upon which such votes are exercisable or as otherwise agreed between the {{oslaprov|Parties}} and that the {{oslaprov|Party}} concerned shall not be obliged so to exercise the votes in respect of a number of {{oslaprov|Securities}} greater than the number so lent or transferred to it. [[For the avoidance of doubt]] the {{oslaprov|Parties}} agree that subject as hereinbefore provided any voting rights attaching to the relevant {{oslaprov|Securities}}, {{oslaprov|Equivalent Securities}}, {{oslaprov|Collateral}} [[and/or]] {{oslaprov|Equivalent Collateral}} shall be exercisable by the persons in whose name they are registered or in the case of {{oslaprov|Securities}}, {{oslaprov|Equivalent Securities}}, {{oslaprov|Collateral}} [[and/or]] {{oslaprov|Equivalent Collateral}} in bearer form, the persons by or on behalf of whom they are held, and not necessarily by the {{oslaprov|Borrower}} or the {{oslaprov|Lender}} ([[as the case may be]]).