With respect to: Difference between revisions

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This captures not just disputes in contract ''[[under]]'' this agreement, but disputes that might arise as to the formation of this agreement (pre-contractual [[Misrepresentation|misrepresentations]], for example — whcih as a matter of logic predate the {{tag|contract}}, and therefore cannot arise “[[under]]” it), and disputes about actions, while performed under a contract, might all the same sound in tort (should there be found to be concurrent liability — a remote contingency, to be sure, but our sacred duty is to obsess about remote contingencies, remember?).
This captures not just disputes in contract ''[[under]]'' this agreement, but disputes that might arise as to the formation of this agreement (pre-contractual [[Misrepresentation|misrepresentations]], for example — whcih as a matter of logic predate the {{tag|contract}}, and therefore cannot arise “[[under]]” it), and disputes about actions, while performed under a contract, might all the same sound in tort (should there be found to be concurrent liability — a remote contingency, to be sure, but our sacred duty is to obsess about remote contingencies, remember?).


Careful about being too trigger-happy about loose prepositional phrases like this. There  is a howler in the definition of {{gmslaprov|income}} in the {{gmsla}}.
{{loose prepositional phrases}}


:''{{GMSLA 2010 Income}}''
Here, the drafting should say "...distributions of any kind whatsoever<ref>Actually, in the [[JC]]'s view this is also unintentially wide and really ought to be “...or other ''similar'' distributions”. See {{gmslaprov|Income}} for more [[tedious]] discussion on this fascinating topic.</ref> paid '''[[under]]''' the {{gmslaprov|Securities}} or {{gmslaprov|Collateral}}.
Distributions paid ''[[with respect to]]'' the {{gmslaprov|Securities}} could include amounts paid by unreleted third parties that reference the {{gmslaprov|Securities}}: you know, like [[derivative]] payments. Payments on [[Credit Event - Credit Derivative Provision|Credit Event]]s, where the underlier has blown up. Payments that could be [[Leverage|levered]], or modified, but none theless paid by reference to the shares themselves. So that would be bad. Borrowers of stock loans have no intention to manufacture these kinds of payments.
{{sa}}
{{sa}}
*[[Governing law]]
*[[Governing law]]