Template:M summ Pledge GMSLA 11: Difference between revisions

no edit summary
No edit summary
No edit summary
Line 14: Line 14:


===So what about the {{pgmslaprov|Collateral}} then?===
===So what about the {{pgmslaprov|Collateral}} then?===
Your {{pgmsla}} leaves you will a closed-out big fat portfolio of receivables owing from the {{pgmslaprov|Borrower}} to the {{pgmslaprov|Lender}}, and a big fat pool of {{pgmslaprov|Collateral}} sitting with the [[triparty agent]], in the {{pgmslaprov|Borrower}}’s name but pledged in favour of the Lender. So the heavy lifting in terms of taking the {{pgmslaprov|pCollateral}} is done by the {{pgmslaprov|pSecurity Deed}}. While, intellectually, this cleaves the normal arrangements under a title transfer {{gmsla}} into two parts, they now work the same way. While it might take a while to work out the Default Market Value, the Lender can exercise on the {{pgmslaprov|Collateral}} immediately there is an {{pgmslaprov|Event of Default}} (though note the Borrower should want some kind of grace period built into failure to pay events reaquiring a period of notice before Collateral can be exercised. It is easier top bvuild that into the definitioin of non-payment-style {{pgmslaprov|Events of Default}} in Paragraph {{pgmslaprov|10}}.<ref>Hint hint — we’ve got some [[Events of Default - Pledge GMSLA Provision|suggested language]] there!<ref>
Your {{pgmsla}} leaves you will a closed-out big fat portfolio of receivables owing from the {{pgmslaprov|Borrower}} to the {{pgmslaprov|Lender}}, and a big fat pool of {{pgmslaprov|Collateral}} sitting with the [[triparty agent]], in the {{pgmslaprov|Borrower}}’s name but pledged in favour of the Lender. So the heavy lifting in terms of taking the {{pgmslaprov|pCollateral}} is done by the {{pgmslaprov|pSecurity Deed}}. While, intellectually, this cleaves the normal arrangements under a title transfer {{gmsla}} into two parts, they now work the same way. While it might take a while to work out the Default Market Value, the Lender can exercise on the {{pgmslaprov|Collateral}} immediately there is an {{pgmslaprov|Event of Default}} (though note the Borrower should want some kind of grace period built into failure to pay events reaquiring a period of notice before Collateral can be exercised. It is easier top bvuild that into the definitioin of non-payment-style {{pgmslaprov|Events of Default}} in Paragraph {{pgmslaprov|10}}.<ref>Hint hint — we’ve got some [[Events of Default - Pledge GMSLA Provision|suggested language]] there!</ref>