Loans of Securities - Pledge GMSLA Provision

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2018 Global Master Securities Lending Agreement (Pledge Version)
A Jolly Contrarian owner’s manual

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GMSLA

Clause 3 in a Nutshell
Use at your own risk, campers!

3 Loans of Securities
3.1 Loans: Subject to the Conditions Precedent below, Lender will lend and Borrower will borrow Securities under this Agreement. The parties will agree the terms of Loans in advance and will confirm them afterwards, though the confirmations will not override the originally agreed terms without further agreement.
3.2 Conditions Precedent: The Lender’s obligations to lend and deliver Securities under a Loan are conditional on:

(a) no Event of Default or potential Event of Default existing in relation to Borrower; and
(b) the Borrower having posted Collateral having a Market Value at least equal to the Required Collateral Value by the time at which Lender is due to deliver the Loaned Securities.

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Full text of Clause 3

3 Loans of Securities
3.1 Loans: Borrower will borrow Securities from Lender and, subject to paragraph 3.2 below, Lender will lend Securities to Borrower, in accordance with the terms and conditions of this Agreement. The terms of each Loan shall be agreed prior to the commencement of the relevant Loan either orally or in writing (including any agreed form of electronic communication) and confirmed in such form and on such basis as shall be agreed between the Parties. Unless otherwise agreed, any confirmation produced by a Party shall not supersede or prevail over the prior oral, written or electronic communication (as the case may be).
3.2 Conditions Precedent: :The obligations of Lender under paragraphs 3.1 and 4.1 with respect to a Loan are subject to the conditions precedent that:

3.2(a) no event which, with the giving of notice or the lapse of time or both, would constitute an Event of Default has occurred and is continuing in relation to Borrower; and
3.2(b) prior to the time at which the relevant Loaned Securities are due to be delivered by Lender or any earlier time agreed between the Parties, the aggregate Market Value of the Posted Collateral is greater than or equal to the Required Collateral Value calculated taking into account all Loaned Securities including the relevant Loaned Securities.

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Related agreements and comparisons

Related agreements: Click here for the same clause in the 2010 GMSLA
Comparison: Click to compare the 2010 GMSLA and 2018 Pledge GMSLA versions of this clause.

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Content and comparisons

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Summary

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General discussion

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See also

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References