Template:Pledge GMSLA 2018 2.1: Difference between revisions
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{{pgmslaprov|2.1}} In this Agreement: <br> | {{pgmslaprov|2.1}} In this Agreement: <br> | ||
{{PGMSLA 2018 Act of Insolvency}} | {{PGMSLA 2018 Act of Insolvency}} | ||
{{PGMSLA 2018 Applicable Law}} | |||
{{PGMSLA 2018 Applicable Law}} | |||
{{PGMSLA 2018 Base Currency}} | {{PGMSLA 2018 Base Currency}} | ||
{{PGMSLA 2018 Business Day}} | {{PGMSLA 2018 Business Day}} | ||
{{PGMSLA 2018 Buy In}} | {{PGMSLA 2018 Buy In}} | ||
{{PGMSLA 2018 Cash}} | |||
{{PGMSLA 2018 Cash Collateral}} | {{PGMSLA 2018 Cash Collateral}} | ||
{{PGMSLA 2018 Close of Business}} | {{PGMSLA 2018 Close of Business}} | ||
{{PGMSLA 2018 Collateral}} | {{PGMSLA 2018 Collateral}} | ||
{{PGMSLA 2018 Control Agreement}} | |||
{{PGMSLA 2018 Custodian}} | |||
{{PGMSLA 2018 Defaulting Party}} | {{PGMSLA 2018 Defaulting Party}} | ||
{{PGMSLA 2018 Delivery}} | {{PGMSLA 2018 Delivery}} | ||
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{{PGMSLA 2018 Income}} | {{PGMSLA 2018 Income}} | ||
{{PGMSLA 2018 Income Record Date}} | {{PGMSLA 2018 Income Record Date}} | ||
{{PGMSLA 2018 Loaned Securities}} | {{PGMSLA 2018 Loaned Securities}} | ||
{{PGMSLA 2018 Market Value}} | {{PGMSLA 2018 Market Value}} | ||
{{PGMSLA 2018 Nominee}} | {{PGMSLA 2018 Nominee}} | ||
{{PGMSLA 2018 Non Cash Collateral}} | {{PGMSLA 2018 Non Cash Collateral}} | ||
{{PGMSLA 2018 Non Defaulting Party}} | {{PGMSLA 2018 Non-Defaulting Party}} | ||
{{PGMSLA 2018 Notification Time}} | {{PGMSLA 2018 Notification Time}} | ||
{{PGMSLA 2018 Parties}} | {{PGMSLA 2018 Parties}} | ||
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{{PGMSLA 2018 Required Collateral Value}} | {{PGMSLA 2018 Required Collateral Value}} | ||
{{PGMSLA 2018 Sales Tax}} | {{PGMSLA 2018 Sales Tax}} | ||
{{PGMSLA 2018 Secured Account}} | |||
{{PGMSLA 2018 Security Agreement}} | |||
{{PGMSLA 2018 Settlement Date}} | {{PGMSLA 2018 Settlement Date}} | ||
{{PGMSLA 2018 Stamp Tax}} | {{PGMSLA 2018 Stamp Tax}} | ||
{{PGMSLA 2018 Tax}} | {{PGMSLA 2018 Tax}} | ||
{{PGMSLA 2018 Unsettled Loans}} |
Revision as of 11:00, 8 July 2020
2.1 In this Agreement:
Act of Insolvency means in relation to either Party:
- (a) its making a general assignment for the benefit of, or entering into a reorganisation, arrangement, or composition with creditors; or
- (b) its stating in writing that it is unable to pay its debts as they become due; or
- (c) its seeking, consenting to or acquiescing in the appointment of any trustee, administrator, receiver or liquidator or analogous officer of it or any material part of its property; or
- (d) the presentation or filing of a petition in respect of it (other than by the other Party to this Agreement in respect of any obligation under this Agreement) in any court or before any agency alleging or for the bankruptcy, winding up or insolvency of such Party (or any analogous proceeding) or seeking any reorganisation, arrangement, composition, re adjustment, administration, liquidation, dissolution or similar relief under any present or future statute, law or regulation, such petition not having been stayed or dismissed within 30 days of its filing (except in the case of a petition for winding-up or any analogous proceeding in respect of which no such 30 day period shall apply); or
- (e) the appointment of a receiver, administrator, liquidator or trustee or analogous officer of such Party over all or any material part of such Party’s property; or
- (f) the convening of any meeting of its creditors for the purpose of considering a voluntary arrangement as referred to in Section 3 of the Insolvency Act 1986 (or any analogous proceeding);
Applicable Law means the laws, rules and regulations (including double taxation conventions) of any relevant jurisdiction, including published practice of any government or other taxing authority in connection with such laws, rules and regulations;
Base Currency means the currency indicated in paragraph 2 of the Schedule;
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Defaulting Party has the meaning given in paragraph 10;
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Designated Office means the branch or office of a Party which is specified as such in paragraph 7 of the Schedule or such other branch or office as may be agreed to in writing by the Parties;
Equivalent or equivalent to in relation to any Loaned Securities provided under this Agreement means Securities or other property, of an identical type, nominal value, description and amount to particular Loaned Securities so provided. If and to the extent that such Loaned Securities 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 is entitled following the occurrence of the relevant event, and, if appropriate, the giving of the relevant notice in accordance with paragraph 6.4 and provided that Lender has paid to Borrower all and any sums due in respect thereof. In the event that such Loaned Securities 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, provided that Lender shall have paid Borrower, 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 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 together with or replaced by a sum of money or Securities or other property equivalent to that received in respect of such Loaned Securities, resulting from such event;
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Parties means Lender and Borrower and Party shall be construed accordingly;
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Required Collateral Value has the meaning given in paragraph 5.3;
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