Template:Nutshell 1994 NY CSA 6(c)

From The Jolly Contrarian
Jump to navigation Jump to search

6(c) Use of Posted Collateral. Unless otherwise specified in Paragraph 13 and without limiting the parties’ rights and remedies (especially under Paragraph 8), while the Secured Party is not effectively in default, it may, notwithstanding Section 9-207 of the Uniform Commercial Code;

6(c)(i) Rehypothecate: rehypothecate, sell outright or otherwise deal with any Posted Collateral it holds absolutely; and
6(c)(ii) Register: register Posted Collateral in its own or its Custodian’s name.

References to Transfering Eligible Credit Support or Posted Credit Support under this 1994 New York law CSA will be construed to apply as if the Secured Party still holds all Posted Collateral even where in fact it doesn’t.