Care of Posted Collateral (VM) - NY VM CSA Provision

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2016 NY VM CSA Anatomy™


In a Nutshell Section 6(a):

Template:Nutshell 2016 NY CSA 6(a) view template

2016 NY VM CSA full text of Section 6(a):

6(a) Care of Posted Collateral (VM). Without limiting the Secured Party’s rights under Paragraph 6(c), the Secured Party will exercise reasonable care to assure the safe custody of all Posted Collateral (VM) to the extent required by applicable law, and in any event the Secured Party will be deemed to have exercised reasonable care if it exercises at least the same degree of care as it would exercise with respect to its own property. Except as specified in the preceding sentence, the Secured Party will have no duty with respect to Posted Collateral (VM), including, without limitation, any duty to collect any Distributions, or enforce or preserve any rights pertaining thereto.
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Related Agreements
Click here for the text of Section 6(a) in the 1994 New York law CSA
There is no equivalent to this provision in either the 1995 CSA or the 2016 VM CSA


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You can basically stop reading after “Without limiting the Secured Party’s rights under Paragraph 6(c)”. Because the Secured Party’s rights under 6(c) basically allow it to nuke your security interest the moment it receives your collateral. It can give your carefully pledged asset away.