Template:GMRA 2000 EA 4: Difference between revisions
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{{gmraprov|EA 4}}. '''{{gmraprov|Corporate actions and voting}}'''<br> | {{gmraprov|EA 4}}. '''{{gmraprov|Corporate actions and voting (Equities Annex)}}'''<br> | ||
(a) In relation to {{gmraprov|Purchased Securities}} or {{gmraprov|Margin Securities}} which are {{gmraprov|equities}} (and in respect of which {{gmraprov|Equivalent Securities}} or, as the case may be, {{gmraprov|Equivalent Margin Securities}} have not been transferred or a {{gmraprov|Cash Equivalent Amount}} paid) {{gmraprov|Buyer}}, in the case of {{gmraprov|Purchased Securities}}, or the transferee, in the case of {{gmraprov|Margin Securities}}, shall notify the other party, within a reasonable time after the date on which a holder of such {{gmraprov|Securities}} would in the normal course have received such notice from the issuer, of any notice issued by the issuer of such {{gmraprov|Securities}} to the holders of such {{gmraprov|Securities}} relating to any proposed conversion, sub-division, consolidation, takeover, pre-emption, option or other similar right or event affecting such {{gmraprov|Securities}} or of any {{gmraprov|Income}} payment declared in respect of such Securities. Whether or not such notice is received from the {{gmraprov|first party}}, the other party may - <br> | (a) In relation to {{gmraprov|Purchased Securities}} or {{gmraprov|Margin Securities}} which are {{gmraprov|equities}} (and in respect of which {{gmraprov|Equivalent Securities}} or, as the case may be, {{gmraprov|Equivalent Margin Securities}} have not been transferred or a {{gmraprov|Cash Equivalent Amount}} paid) {{gmraprov|Buyer}}, in the case of {{gmraprov|Purchased Securities}}, or the transferee, in the case of {{gmraprov|Margin Securities}}, shall notify the other party, within a reasonable time after the date on which a holder of such {{gmraprov|Securities}} would in the normal course have received such notice from the issuer, of any notice issued by the issuer of such {{gmraprov|Securities}} to the holders of such {{gmraprov|Securities}} relating to any proposed conversion, sub-division, consolidation, takeover, pre-emption, option or other similar right or event affecting such {{gmraprov|Securities}} or of any {{gmraprov|Income}} payment declared in respect of such Securities. Whether or not such notice is received from the {{gmraprov|first party}}, the other party may - <br> | ||
:(i) where the relevant {{gmraprov|Securities}} are {{gmraprov|Purchased Securities}}, cause the {{gmraprov|Transaction}} to be terminated in accordance with paragraphs 3(d), (e) and (f) of the {{gmraprov|Agreement}} as if the {{gmraprov|Transaction}} were an on demand {{gmraprov|Transaction}} or, where the relevant {{gmraprov|Securities}} are {{gmraprov|Margin Securities}}, request that {{gmraprov|Equivalent Margin Securities}} be transferred in respect of such {{gmraprov|Securities}} to paragraph 8(d) of the {{gmraprov|Agreement}}; and/or (as appropriate);<br> | :(i) where the relevant {{gmraprov|Securities}} are {{gmraprov|Purchased Securities}}, cause the {{gmraprov|Transaction}} to be terminated in accordance with paragraphs 3(d), (e) and (f) of the {{gmraprov|Agreement}} as if the {{gmraprov|Transaction}} were an on demand {{gmraprov|Transaction}} or, where the relevant {{gmraprov|Securities}} are {{gmraprov|Margin Securities}}, request that {{gmraprov|Equivalent Margin Securities}} be transferred in respect of such {{gmraprov|Securities}} to paragraph 8(d) of the {{gmraprov|Agreement}}; and/or (as appropriate);<br> | ||
:(ii) within a reasonable time before the latest time for the exercise of the right or option give written notice to the {{gmraprov|first party}} that on redelivery of {{gmraprov|Equivalent Securities}} or {{gmraprov|Equivalent Margin Securities}}, as the case may be, it wishes to receive {{gmraprov|Equivalent Securities}} or {{gmraprov|Equivalent Margin Securities}} in such form as will arise if the right is exercised or, in the case of a right which may be exercised in more than one manner, is exercised as is specified in such written notice; provided that if any sum is required to be paid by a holder of the securities to the issuer or any other person in order to exercise such rights, the other party shall pay to the {{gmraprov|first party}} an amount equal to such sum.<br> | :(ii) within a reasonable time before the latest time for the exercise of the right or option give written notice to the {{gmraprov|first party}} that on redelivery of {{gmraprov|Equivalent Securities}} or {{gmraprov|Equivalent Margin Securities}}, as the case may be, it wishes to receive {{gmraprov|Equivalent Securities}} or {{gmraprov|Equivalent Margin Securities}} in such form as will arise if the right is exercised or, in the case of a right which may be exercised in more than one manner, is exercised as is specified in such written notice; provided that if any sum is required to be paid by a holder of the securities to the issuer or any other person in order to exercise such rights, the other party shall pay to the {{gmraprov|first party}} an amount equal to such sum.<br> | ||
(b) Where any voting rights fall to be exercised in relation to any {{gmraprov|Purchased Securities}} or {{gmraprov|Margin Securities}} which are {{gmraprov|equities}} and in respect of which {{gmraprov|Equivalent Securities}} or, as the case may be, {{gmraprov|Equivalent Margin Securities}} have not been transferred or a {{gmraprov|Cash Equivalent Amount}} has not been paid, neither {{gmraprov|Buyer}}, in the case of {{gmraprov|Purchased Securities}}, nor the transferee, in the case of {{gmraprov|Margin Securities}}, shall have any obligation to arrange for voting rights of that kind to be exercised in accordance with the instructions of the other party in relation to such {{gmraprov|Purchased Securities}} or {{gmraprov|Margin Securities}}, unless otherwise agreed between the parties.<br> | (b) Where any voting rights fall to be exercised in relation to any {{gmraprov|Purchased Securities}} or {{gmraprov|Margin Securities}} which are {{gmraprov|equities}} and in respect of which {{gmraprov|Equivalent Securities}} or, as the case may be, {{gmraprov|Equivalent Margin Securities}} have not been transferred or a {{gmraprov|Cash Equivalent Amount}} has not been paid, neither {{gmraprov|Buyer}}, in the case of {{gmraprov|Purchased Securities}}, nor the transferee, in the case of {{gmraprov|Margin Securities}}, shall have any obligation to arrange for voting rights of that kind to be exercised in accordance with the instructions of the other party in relation to such {{gmraprov|Purchased Securities}} or {{gmraprov|Margin Securities}}, unless otherwise agreed between the parties.<br> | ||
Latest revision as of 12:32, 18 February 2021
EA 4. Corporate actions and voting (Equities Annex)
(a) In relation to Purchased Securities or Margin Securities which are equities (and in respect of which Equivalent Securities or, as the case may be, Equivalent Margin Securities have not been transferred or a Cash Equivalent Amount paid) Buyer, in the case of Purchased Securities, or the transferee, in the case of Margin Securities, shall notify the other party, within a reasonable time after the date on which a holder of such Securities would in the normal course have received such notice from the issuer, of any notice issued by the issuer of such Securities to the holders of such Securities relating to any proposed conversion, sub-division, consolidation, takeover, pre-emption, option or other similar right or event affecting such Securities or of any Income payment declared in respect of such Securities. Whether or not such notice is received from the first party, the other party may -
- (i) where the relevant Securities are Purchased Securities, cause the Transaction to be terminated in accordance with paragraphs 3(d), (e) and (f) of the Agreement as if the Transaction were an on demand Transaction or, where the relevant Securities are Margin Securities, request that Equivalent Margin Securities be transferred in respect of such Securities to paragraph 8(d) of the Agreement; and/or (as appropriate);
- (ii) within a reasonable time before the latest time for the exercise of the right or option give written notice to the first party that on redelivery of Equivalent Securities or Equivalent Margin Securities, as the case may be, it wishes to receive Equivalent Securities or Equivalent Margin Securities in such form as will arise if the right is exercised or, in the case of a right which may be exercised in more than one manner, is exercised as is specified in such written notice; provided that if any sum is required to be paid by a holder of the securities to the issuer or any other person in order to exercise such rights, the other party shall pay to the first party an amount equal to such sum.
(b) Where any voting rights fall to be exercised in relation to any Purchased Securities or Margin Securities which are equities and in respect of which Equivalent Securities or, as the case may be, Equivalent Margin Securities have not been transferred or a Cash Equivalent Amount has not been paid, neither Buyer, in the case of Purchased Securities, nor the transferee, in the case of Margin Securities, shall have any obligation to arrange for voting rights of that kind to be exercised in accordance with the instructions of the other party in relation to such Purchased Securities or Margin Securities, unless otherwise agreed between the parties.