Talk:Delivery - GMSLA Provision

2018

4. Delivery 4.1 Delivery of Securities on commencement of Loan Subject to paragraph 3.2, Lender shall procure the Delivery of Securities to Borrower or otherwise deliver such Securities in accordance with this Agreement and the terms of the relevant Loan. 4.2 Requirements to effect Delivery The Parties shall execute and deliver all necessary documents and give all necessary instructions to procure that all right, title and interest in: 4.2(a) any Securities borrowed pursuant to paragraph 3; 4.2(b) any Equivalent Securities delivered pursuant to paragraph 8; shall pass from one Party to the other subject to the terms and conditions set out in this Agreement, on Delivery of the same in accordance with this Agreement with full title guarantee, free from all liens, charges and encumbrances. In the case of Securities or Equivalent Securities title to which is registered in a computer-based system which provides for the recording and transfer of title to the same by way of book entries, Delivery and transfer of title shall take place in accordance with the rules and procedures of such system as in force from time to time. Borrower acquiring such right, title and interest shall have no obligation to return or deliver any of the assets so acquired but shall be obliged, subject to the terms of this Agreement, to deliver Equivalent Securities. 4.3 Deliveries of Income In respect of Income being paid in relation to any Loaned Securities, Borrower shall provide to Lender any endorsements or assignments as shall be customary and appropriate to effect, in accordance with paragraph 6, the payment or delivery of money or property in respect of such Income to Lender, irrespective of whether Borrower received such endorsements or assignments in respect of any Loaned Securities.