Template:GMSLA 2010 Equivalent: Difference between revisions
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{{gmslaprov|Equivalent}} or {{gmslaprov|equivalent to}} in relation to any {{gmslaprov|Loaned Securities}} or {{gmslaprov|Collateral}} (whether {{gmslaprov|Cash Collateral}} or {{gmslaprov|Non Cash Collateral}}) provided under this {{gmslaprov|Agreement}} means {{gmslaprov|Securities}} or other property, of an identical type, nominal value, description and amount to particular {{gmslaprov|Loaned Securities}} or {{gmslaprov|Collateral}} (as the case may be) so provided. If and to the extent that such {{gmslaprov|Loaned Securities}} or {{gmslaprov|Collateral}} (as the case may be) consists of {{gmslaprov|Securities}} that are partly paid or have been converted, subdivided, consolidated, made the subject of a takeover, rights of pre emption, rights to receive securities or a certificate which may at a future date be exchanged for {{gmslaprov|Securities}}, the expression shall include such {{gmslaprov|Securities}} or other assets to which {{gmslaprov|Lender}} or {{gmslaprov|Borrower}} (as the case may be) is entitled following the occurrence of the relevant event, and, if appropriate, the giving of the relevant notice in accordance with paragraph {{gmslaprov|6.7}} and provided that {{gmslaprov|Lender}} or {{gmslaprov|Borrower}} (as the case may be) has paid to the other {{gmslaprov|Party}} all and any sums due in respect thereof. In the event that such {{gmslaprov|Loaned Securities}} or {{gmslaprov|Collateral}} (as the case may be) have been redeemed, are partly paid, are the subject of a capitalisation issue or are subject to an event similar to any of the foregoing events described in this paragraph, the expression shall have the following meanings: <br> | '''{{gmslaprov|Equivalent}}''' or '''{{gmslaprov|equivalent to}}''' in relation to any {{gmslaprov|Loaned Securities}} or {{gmslaprov|Collateral}} (whether {{gmslaprov|Cash Collateral}} or {{gmslaprov|Non Cash Collateral}}) provided under this {{gmslaprov|Agreement}} means {{gmslaprov|Securities}} or other property, of an identical type, nominal value, description and amount to particular {{gmslaprov|Loaned Securities}} or {{gmslaprov|Collateral}} (as the case may be) so provided. If and to the extent that such {{gmslaprov|Loaned Securities}} or {{gmslaprov|Collateral}} (as the case may be) consists of {{gmslaprov|Securities}} that are partly paid or have been converted, subdivided, consolidated, made the subject of a takeover, rights of pre emption, rights to receive securities or a certificate which may at a future date be exchanged for {{gmslaprov|Securities}}, the expression shall include such {{gmslaprov|Securities}} or other assets to which {{gmslaprov|Lender}} or {{gmslaprov|Borrower}} (as the case may be) is entitled following the occurrence of the relevant event, and, if appropriate, the giving of the relevant notice in accordance with paragraph {{gmslaprov|6.7}} and provided that {{gmslaprov|Lender}} or {{gmslaprov|Borrower}} (as the case may be) has paid to the other {{gmslaprov|Party}} all and any sums due in respect thereof. In the event that such {{gmslaprov|Loaned Securities}} or {{gmslaprov|Collateral}} (as the case may be) have been redeemed, are partly paid, are the subject of a capitalisation issue or are subject to an event similar to any of the foregoing events described in this paragraph, the expression shall have the following meanings: <br> | ||
:(a) in the case of redemption, a sum of money equivalent to the proceeds of the redemption; <br> | :(a) in the case of redemption, a sum of money equivalent to the proceeds of the redemption; <br> | ||
:(b) in the case of a call on partly paid {{gmslaprov|Securities}}, {{gmslaprov|Securities}} {{gmslaprov|equivalent to}} the relevant {{gmslaprov|Loaned Securities}} or {{gmslaprov|Collateral}}, as the case may be, provided that {{gmslaprov|Lender}} shall have paid {{gmslaprov|Borrower}}, in respect of {{gmslaprov|Loaned Securities}}, and {{gmslaprov|Borrower}} shall have paid to {{gmslaprov|Lender}}, in respect of {{gmslaprov|Collateral}}, an amount of money equal to the sum due in respect of the call; <br> | :(b) in the case of a call on partly paid {{gmslaprov|Securities}}, {{gmslaprov|Securities}} {{gmslaprov|equivalent to}} the relevant {{gmslaprov|Loaned Securities}} or {{gmslaprov|Collateral}}, as the case may be, provided that {{gmslaprov|Lender}} shall have paid {{gmslaprov|Borrower}}, in respect of {{gmslaprov|Loaned Securities}}, and {{gmslaprov|Borrower}} shall have paid to {{gmslaprov|Lender}}, in respect of {{gmslaprov|Collateral}}, an amount of money equal to the sum due in respect of the call; <br> | ||
:(c) in the case of a capitalisation issue, {{gmslaprov|Securities}} {{gmslaprov|equivalent to}} the relevant {{gmslaprov|Loaned Securities}} or {{gmslaprov|Collateral}}, as the case may be, together with the securities allotted by way of bonus thereon; <br> | :(c) in the case of a capitalisation issue, {{gmslaprov|Securities}} {{gmslaprov|equivalent to}} the relevant {{gmslaprov|Loaned Securities}} or {{gmslaprov|Collateral}}, as the case may be, together with the securities allotted by way of bonus thereon; <br> | ||
:(d) in the case of any event similar to any of the foregoing events described in this paragraph, {{gmslaprov|Securities}} equivalent to the {{gmslaprov|Loaned Securities}} or the relevant {{gmslaprov|Collateral}}, as the case may be, together with or replaced by a sum of money or {{gmslaprov|Securities}} or other property equivalent to that received in respect of such {{gmslaprov|Loaned Securities}} or {{gmslaprov|Collateral}}, as the case may be, resulting from such event; <br> | :(d) in the case of any event similar to any of the foregoing events described in this paragraph, {{gmslaprov|Securities}} equivalent to the {{gmslaprov|Loaned Securities}} or the relevant {{gmslaprov|Collateral}}, as the case may be, together with or replaced by a sum of money or {{gmslaprov|Securities}} or other property equivalent to that received in respect of such {{gmslaprov|Loaned Securities}} or {{gmslaprov|Collateral}}, as the case may be, resulting from such event; <br> | ||
Latest revision as of 09:51, 5 October 2017
Equivalent or equivalent to in relation to any Loaned Securities or Collateral (whether Cash Collateral or Non Cash Collateral) provided under this Agreement means Securities or other property, of an identical type, nominal value, description and amount to particular Loaned Securities or Collateral (as the case may be) so provided. If and to the extent that such Loaned Securities or Collateral (as the case may be) consists of Securities that are partly paid or have been converted, subdivided, consolidated, made the subject of a takeover, rights of pre emption, rights to receive securities or a certificate which may at a future date be exchanged for Securities, the expression shall include such Securities or other assets to which Lender or Borrower (as the case may be) is entitled following the occurrence of the relevant event, and, if appropriate, the giving of the relevant notice in accordance with paragraph 6.7 and provided that Lender or Borrower (as the case may be) has paid to the other Party all and any sums due in respect thereof. In the event that such Loaned Securities or Collateral (as the case may be) have been redeemed, are partly paid, are the subject of a capitalisation issue or are subject to an event similar to any of the foregoing events described in this paragraph, the expression shall have the following meanings:
- (a) in the case of redemption, a sum of money equivalent to the proceeds of the redemption;
- (b) in the case of a call on partly paid Securities, Securities equivalent to the relevant Loaned Securities or Collateral, as the case may be, provided that Lender shall have paid Borrower, in respect of Loaned Securities, and Borrower shall have paid to Lender, in respect of Collateral, an amount of money equal to the sum due in respect of the call;
- (c) in the case of a capitalisation issue, Securities equivalent to the relevant Loaned Securities or Collateral, as the case may be, together with the securities allotted by way of bonus thereon;
- (d) in the case of any event similar to any of the foregoing events described in this paragraph, Securities equivalent to the Loaned Securities or the relevant Collateral, as the case may be, together with or replaced by a sum of money or Securities or other property equivalent to that received in respect of such Loaned Securities or Collateral, as the case may be, resulting from such event;