Template:Pledge GMSLA 2018 5.4
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5.4 Instructions relating to the Required Collateral Value and responsibility for the Custodian
- 5.4(a) Unless otherwise agreed, no later than the Notification Time on each Business Day:
- 5.4(a)(i) each Party will notify the other Party of its determination of the Required Collateral Value; and
- 5.4(a)(ii) each Party shall notify the Custodian in accordance with the terms of the Control Agreement of the Required Collateral Value so determined by it.
- 5.4(a)(i) each Party will notify the other Party of its determination of the Required Collateral Value; and
- 5.4(b) Borrower will be liable for the acts or omissions of Custodian to the same extent that Borrower would be liable hereunder for its own acts or omissions and any such act or omission of Custodian will be deemed to be the act or omission of Borrower for purposes of Paragraph 10.1. Lender will not be liable for the acts or omissions of Custodian.
- 5.4(c) Any obligation of Lender to instruct Custodian to transfer Posted Collateral to Borrower will be deemed satisfied by Lender sending appropriate instructions to Custodian in accordance with the terms of the Control Agreement. For the avoidance of doubt, Lender will bear no liability for any failure by Custodian to comply with such instructions and no failure by the Custodian to transfer Posted Collateral to Borrower under this Agreement will constitute an Event of Default with respect to Lender.