Borrower’s Warranties - GMSLA Provision

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GMSLA Anatomy™


In a Nutshell Clause 14:

14. Borrower’s Warranties
Each Borrower hereby warrants and undertakes on a continuing basis for time immemorial, that:

14(a) it licenced, approved and authorised to perform its obligations under this Agreement;
14(b) it is not otherwise restricted from borrowing Securities and performing its obligations under this Agreement;
14(c) it is can give full unencumbered legal and beneficial ownership of Collateral to Lender;
14(d) it is acting as principal; and
14(e) it is not borrowing for the primary purpose of voting on Loaned Securities.

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2010 GMSLA full text of Clause 14:

14. Borrower’s Warranties
Each Party hereby warrants and undertakes to the other on a continuing basis to the intent that such warranties shall survive the completion of any transaction contemplated herein that, where acting as a Borrower:

14(a) it has all necessary licences and approvals, and is duly authorised and empowered, to perform its duties and obligations under this Agreement and will do nothing prejudicial to the continuation of such authorisation, licences or approvals;
14(b) it is not restricted under the terms of its constitution or in any other manner from borrowing Securities in accordance with this Agreement or from otherwise performing its obligations hereunder;
14(c) it is absolutely entitled to pass full legal and beneficial ownership of all Collateral provided by it hereunder to Lender free from all liens, charges and encumbrances;
14(d) it is acting as principal in respect of this Agreement; and
14(e) it is not entering into a Loan for the primary purpose of obtaining or exercising voting rights in respect of the Loaned Securities.

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2010 GMSLA: Full wikitext · Nutshell wikitext | GMLSA legal code | GMSLA Netting

Pledge GMSLA: Hard copy (ISLA) · Full wikitext · Nutshell wikitext |
1995 OSLA: OSLA wikitext | OSLA in a nutshell | GMSLA/PGMSLA/OSLA clause comparison table
From Our Friends On The Internet: Guide to equity finance | ISLA’s guide to securities lending for regulators and policy makers

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2000 GMSLA Anatomy™


In a Nutshell Clause 14:

Template:Nutshell GMSLA 2000 14 view template

2000 GMSLA full text of Clause 14:

Template:GMSLA 2000 14 view template

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