Common use of Annex A Clause in Contracts

Annex A. Xxxxxx xxxxxx authorizes Borrower to establish a Custody Account at a Custodian in the name of Lender for the deposit of Collateral, as an omnibus Collateral Account established in the name of all Lenders, or as a Collateral Account in the name of a Trustee for the benefit of all Lenders in accordance with Section 4.1 of this Agreement. Xxxxxx further authorizes Borrower to maintain Collateral in the Custody Account to secure Loans in accordance with the terms of this Agreement. Xxxxxx understands that the attached Fully Paid Lending Trust Agreement (the “Collateral Trust Agreement”) or Fully Paid Agency Agreement (the “Collateral Agency Agreement,” collectively referred to as a “Collateral Control Agreement”) describes the obligations and rights of Borrower, Trustee or Agent and Custodian with respect to the maintenance of Collateral in the Collateral Account and rights of Lenders with respect to such Collateral, among other things. Xxxxxx further understands that pursuant to the Collateral Control Agreement, the Trustee or Agent will act for the benefit of Lender and other similarly-situated Lenders, under certain circumstances and subject to certain conditions. Lender acknowledges receipt of a copy of the Collateral Control Agreement and understands that it contains legal terms directly applicable to whether, and to what extent, Lender will be protected upon the occurrence of an Event of Default by the Borrower, as set out in this Agreement. Lender acknowledges that the Collateral Control Agreement contains rights, obligations and limitations directly relevant to Lender including instances in which Xxxxxx’s recourse will be determined by the vote of the Majority Lenders (as defined in the Collateral Trust Agreement). Xxxxxx understands that, among other things, Xxxxxx authorizes the Trustee or Agent under the Collateral Control Agreement to instruct Borrower to pay additional Collateral into the Collateral Account to maintain sufficient Collateral to secure a Loan, and to instruct Custodian to pay Margin Excess held in the Custody Account to Borrower in accordance with Sections 9.1, 9.2 and 9.3 of this Agreement. Upon the occurrence of an Event of Default on the part of the Borrower as set out in Section 12 of this Agreement, Xxxxxx has the right to instruct the Trustee or Agent to return Collateral to such Lender as and to the extent set forth in, and subject to the conditions and limitations contained in, the Collateral Control Agreement. Xxxxxx hereby consents to the terms of, agrees to be bound by, and hereby adopts as fully as though it had manually executed the same, the Collateral Control Agreement, such that from and after the date hereof shall, Lender shall be and become a party thereto for all purposes. Lender may access the Collateral Control Agreement at any time on Borrower’s website. Custodian Bank: XX Xxxxxx Xxxxx Bank, N.A. Trustee or Agent: Wilmington Trust, National Association Annex B Cash

Appears in 2 contracts

Samples: Master Securities Lending Agreement, Master Securities Lending Agreement

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Annex A. Xxxxxx xxxxxx Lender hereby authorizes Borrower to establish a Custody Account at a Custodian in the name of Lender for the deposit of Collateral, as an omnibus Collateral Account established in the name of all Lenders, or as a Collateral Account in the name of a Trustee for the benefit of all Lenders in accordance with Section 4.1 of this Agreement. Xxxxxx Lender further authorizes Borrower to maintain Collateral in the Custody Account to secure Loans in accordance with the terms of this Agreement. Xxxxxx Lender understands that the attached Fully Paid Lending Trust Agreement (the “Collateral Trust Agreement”) or Fully Paid Agency Agreement (the “Collateral Agency Agreement,” collectively referred to as a “Collateral Control Agreement”) describes the obligations and rights of Borrower, Trustee or Agent and Custodian with respect to the maintenance of Collateral in the Collateral Account and rights of Lenders with respect to such Collateral, among other things. Xxxxxx Lender further understands that pursuant to the Collateral Control Agreement, the Trustee or Agent will act for the benefit of Lender and other similarly-situated Lenders, under certain circumstances and subject to certain conditions. Lender acknowledges receipt of a copy of the Collateral Control Agreement and understands that it contains legal terms directly applicable to whether, and to what extent, Lender will be protected upon the occurrence of an Event of Default by the Borrower, as set out in this Agreement. Lender acknowledges that the Collateral Control Agreement contains rights, obligations and limitations directly relevant to Lender including instances in which XxxxxxLender’s recourse will be determined by the vote of the Majority Lenders (as defined in the Collateral Trust Agreement). Xxxxxx Lender understands that, among other things, Xxxxxx Lender authorizes the Trustee or Agent under the Collateral Control Agreement to instruct Borrower to pay additional Collateral into the Collateral Account to maintain sufficient Collateral to secure a Loan, and to instruct Custodian to pay Margin Excess held in the Custody Account to Borrower in accordance with Sections 9.1, 9.2 and 9.3 of this Agreement. Upon the occurrence of an Event of Default on the part of the Borrower as set out in Section 12 of this Agreement, Xxxxxx Lender has the right to instruct the Trustee or Agent to return Collateral to such Lender as and to the extent set forth in, and subject to the conditions and limitations contained in, the Collateral Control Agreement. Xxxxxx Lender hereby consents to the terms of, agrees to be bound by, and hereby adopts as fully as though it had manually executed the same, the Collateral Control Agreement, such that from and after the date hereof shall, Lender shall be and become a party thereto for all purposes. Lender may access the Collateral Control Agreement at any time on Borrower’s website. Custodian Bank: XX Xxxxxx Xxxxx Bank, N.A. Trustee or Agent: Wilmington Trust, National Association Annex B Cash

Appears in 2 contracts

Samples: Master Securities Lending Agreement, Master Securities Lending Agreement

Annex A. Xxxxxx xxxxxx authorizes Borrower to establish a Custody Account at a Custodian in the name of Lender for the deposit of Collateral, as an omnibus Collateral Account established in the name of all Lenders, or as a Collateral Account in the name of a Trustee for the benefit of all Lenders in accordance with Section 4.1 of this Agreement. Xxxxxx further authorizes Borrower to maintain Collateral in the Custody Account to secure Loans in accordance with the terms of this Agreement. Xxxxxx understands that the attached Fully Paid Lending Trust Agreement (the “Collateral Trust Agreement”) or Fully Paid Agency Agreement (the “Collateral Agency Agreement,” collectively referred to as a “Collateral Control Agreement”) describes the obligations and rights of Borrower, Trustee or Agent and Custodian with respect to the maintenance of Collateral in the Collateral Account and rights of Lenders with respect to such Collateral, among other things. Xxxxxx further understands that pursuant to the Collateral Control Agreement, the Trustee or Agent will act for the benefit of Lender and other similarly-situated Lenders, under certain circumstances and subject to certain conditions. Lender acknowledges receipt of a copy of the Collateral Control Agreement and understands that it contains legal terms directly applicable to whether, and to what extent, Lender will be protected upon the occurrence of an Event of Default by the Borrower, as set out in this Agreement. Lender acknowledges that the Collateral Control Agreement contains rights, obligations and limitations directly relevant to Lender including instances in which Xxxxxx’s recourse will be determined by the vote of the Majority Lenders (as defined in the Collateral Trust Agreement). Xxxxxx understands that, among other things, Xxxxxx authorizes the Trustee or Agent under the Collateral Control Agreement to instruct Borrower to pay additional Collateral into the Collateral Account to maintain sufficient Collateral to secure a Loan, and to instruct Custodian to pay Margin Excess held in the Custody Account to Borrower in accordance with Sections 9.1, 9.2 and 9.3 of this Agreement. Upon the occurrence of an Event of Default on the part of the Borrower as set out in Section 12 of this Agreement, Xxxxxx has the right to instruct the Trustee or Agent to return Collateral to such Lender as and to the extent set forth in, and subject to the conditions and limitations contained in, the Collateral Control Agreement. Xxxxxx hereby consents to the terms of, agrees to be bound by, and hereby adopts as fully as though it had manually executed the same, the Collateral Control Agreement, such that from and after the date hereof shall, Lender shall be and become a party thereto for all purposes. Lender may access the Collateral Control Agreement at any time on Borrower’s website. Custodian Bank: XX Xxxxxx Xxxxx Bank, N.A. Trustee or Agent: Wilmington Trust, National Association Annex B CashCash United States Government-Backed Securities IMPORTANT DISCLOSURES REGARDING RISKS AND CHARACTERISTICS OF PARTICIPATING IN APEX CLEARING CORPORATION’S FULLY-PAID SECURITIES LENDING PROGRAM Please read these important disclosures carefully before deciding whether to participate in Apex Clearing Corporation’s Fully-Paid Securities Lending Program and before signing a Master Securities Lending Agreement for Apex Clearing Corporation’s Fully-Paid Securities Lending Program. These disclosures describe important characteristics of, and risks associated with engaging in, securities lending transactions.

Appears in 1 contract

Samples: Master Securities Lending Agreement

Annex A. Xxxxxx xxxxxx authorizes Borrower to establish a Custody Account at a Custodian in the name of Lender for the deposit of Collateral, as an omnibus Collateral Account established in the name of all Lenders, or as a Collateral Account in the name of a Trustee for the benefit of all Lenders in accordance with Section 4.1 of this Agreement. Xxxxxx further authorizes Borrower to maintain Collateral in the Custody Account to secure Loans in accordance with the terms of this Agreement. Xxxxxx understands that the attached Fully Paid Lending Trust Agreement (the “Collateral Trust Agreement”) or Fully Paid Agency Agreement (the “Collateral Agency Agreement,” collectively referred to as a “Collateral Control Agreement”) describes the obligations and rights of Borrower, Trustee or Agent and Custodian with respect to the maintenance of Collateral in the Collateral Account and rights of Lenders with respect to such Collateral, among other things. Xxxxxx further understands that pursuant to the Collateral Control Agreement, the Trustee or Agent will act for the benefit of Lender and other similarly-situated Lenders, under certain circumstances and subject to certain conditions. Lender acknowledges receipt of a copy of the Collateral Control Agreement and understands that it contains legal terms directly applicable to whether, and to what extent, Lender will be protected upon the occurrence of an Event of Default by the Borrower, as set out in this Agreement. Lender acknowledges that the Collateral Control Agreement contains rights, obligations and limitations directly relevant to Lender including instances in which Xxxxxx’s recourse will be determined by the vote of the Majority Lenders (as defined in the Collateral Trust Agreement). Xxxxxx understands that, among other things, Xxxxxx authorizes the Trustee or Agent under the Collateral Control Agreement to instruct Borrower to pay additional Collateral into the Collateral Account to maintain sufficient Collateral to secure a Loan, and to instruct Custodian to pay Margin Excess held in the Custody Account to Borrower in accordance with Sections 9.1, 9.2 and 9.3 of this Agreement. Upon the occurrence of an Event of Default on the part of the Borrower as set out in Section 12 of this Agreement, Xxxxxx has the right to instruct the Trustee or Agent to return Collateral to such Lender as and to the extent set forth in, and subject to the conditions and limitations contained in, the Collateral Control Agreement. Xxxxxx hereby consents to the terms of, agrees to be bound by, and hereby adopts as fully as though it had manually executed the same, the Collateral Control Agreement, such that from and after the date hereof shall, Lender shall be and become a party thereto for all purposes. Lender may access the Collateral Control Agreement at any time on Borrower’s website. Custodian Bank: XX Xxxxxx Xxxxx Bank, N.A. Trustee or Agent: Wilmington Trust, National Association Annex ANNEX B Cash

Appears in 1 contract

Samples: Master Securities Lending Agreement

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Annex A. Xxxxxx xxxxxx Lender hereby authorizes Borrower to establish a Custody Account at a Custodian for the deposit of Collateral for the benefit of Lender, as an omnibus Custody Account established in the name of Lender for the deposit of Collateraleach Lender, as an omnibus Collateral Account established in the name of all Lenders, or as a Collateral Account in the name of a Trustee or Administrator, for the benefit of all Lenders Lenders, in the name of Borrower, for the benefit of Trustee or Administrator in its capacity as Trustee or Administrator for all Lenders, or as described in any Collateral Agreement, in accordance with Section 4.1 of this Agreement. Xxxxxx further authorizes Borrower to maintain Collateral in the Custody Account to secure Loans in accordance with the terms of this Agreement. Xxxxxx understands that the attached Fully Paid Lending Trust Agreement custody agreement with the Custodian (the “Custody Agreement”), the collateral agreement with the Custodian and Trustee or Administrator (the “Collateral Trust Agreement”) ), and the collateral administration agreement with the Trustee or Fully Paid Agency Agreement Administrator (the “Administration Agreement”; the Custody Agreement, Collateral Agency Agreement,” , and Administration Agreement are collectively referred to as a the Custody and Collateral Control AgreementAgreements”) describes describe the obligations and rights of Borrower, Trustee or Agent Administrator, and Custodian with respect to the maintenance of Collateral in the Collateral Account and rights of Lenders with respect to such Collateral, among other things. Xxxxxx further understands that pursuant to the Custody and Collateral Control AgreementAgreements, the Trustee or Agent Administrator will act for the benefit of Lender and other similarly-similarly situated Lenders, under certain circumstances and subject to certain conditions. Lender acknowledges receipt of a copy of the Custody and Collateral Control Agreement Agreements and understands that it contains they contain legal terms directly applicable to whether, and to what extent, Lender will be protected upon the occurrence of an Event event of Default Default, including an Act of Insolvency, by the Borrower, as set out in this Agreement. Lender further acknowledges that the Custody and Collateral Control Agreement contains Agreements contain rights, obligations obligations, and limitations that may be directly relevant to Lender including instances Lender. The movement of Collateral may be subject to the instruction of a Trustee or Administrator, as set out in which Xxxxxx’s recourse will be determined by the vote Section 4.1 of the Majority Lenders (as defined in the Collateral Trust this Agreement). Xxxxxx understands that, among other things, Xxxxxx authorizes the Trustee or Agent under the Collateral Control Agreement Administrator to instruct Borrower to pay additional Collateral into the Collateral Account to maintain sufficient Collateral to secure a Loan, and to instruct Custodian to pay Margin Excess held in the Custody Account to Borrower in accordance with Sections 9.1, 9.2 9.2, and 9.3 of this Agreement. Upon the occurrence of an Event event of Default on the part of the Borrower as set out in Section 12 of this Agreement, Xxxxxx Lender has the right to instruct the Trustee or Agent Administrator to return Collateral to such Lender as and to the extent set forth in, and subject to the conditions and limitations contained in, the Custody and Collateral Control AgreementAgreements. Xxxxxx hereby consents to the terms of, agrees to be bound by, and hereby xxxxxx adopts as fully as though it had manually executed the same, the Custody and Collateral Control AgreementAgreements, such that from and after the date hereof shall, Lender shall be and become a party thereto for all purposes. Lender may access the Custody and Collateral Control Agreement Agreements at any time on Borrower’s website. Custodian Bank: XX BMO Xxxxxx Xxxxx Bank, Bank N.A. Trustee or AgentAdministrator: Wilmington Trust17a-4, National Association llc Annex B CashCash United States Government-Backed Securities Annex I Intentionally Omitted Xxxxx XX

Appears in 1 contract

Samples: Master Securities Lending Agreement

Annex A. Xxxxxx xxxxxx Lender hereby authorizes Borrower to establish a Custody Account at a Custodian in the name of Lender for the deposit of Collateral, as an omnibus Collateral Account established in the name of all Lenders, or as a Collateral Account in the name of a Trustee for the benefit of all Lenders in accordance with Section 4.1 of this Agreement. Xxxxxx Lender further authorizes Borrower to maintain Collateral in the Custody Account to secure Loans in accordance with the terms of this Agreement. Xxxxxx Lender understands that the attached Fully Paid Lending Trust Agreement (the “Collateral Trust Agreement”) or Fully Paid Agency Agreement (the “Collateral Agency Agreement,” collectively referred to as a “Collateral Control Agreement”) describes the obligations and rights of Borrower, Trustee or Agent and Custodian with respect to the maintenance of Collateral in the Collateral Account and rights of Lenders with respect to such Collateral, among other things. Xxxxxx Lender further understands that pursuant to the Collateral Control Agreement, the Trustee or Agent will act for the benefit of Lender and other similarly-situated Lenders, under certain circumstances and subject to certain conditions. Lender acknowledges receipt of a copy of the Collateral Control Agreement and understands that it contains legal terms directly applicable to whether, and to what extent, Lender will be protected upon the occurrence of an Event of Default by the Borrower, as set out in this Agreement. Lender acknowledges that the Collateral Control Agreement contains rights, obligations and limitations directly relevant to Lender including instances in which XxxxxxLender’s recourse will be determined by the vote of the Majority Lenders (as defined in the Collateral Trust Agreement). Xxxxxx Lender understands that, among other things, Xxxxxx Lender authorizes the Trustee or Agent under the Collateral Control Agreement to instruct Borrower to pay additional Collateral into the Collateral Account to maintain sufficient Collateral to secure a Loan, and to instruct Custodian to pay Margin Excess held in the Custody Account to Borrower in accordance with Sections 9.1, 9.2 and 9.3 of this Agreement. Upon the occurrence of an Event of Default on the part of the Borrower as set out in Section 12 of this Agreement, Xxxxxx Lender has the right to instruct the Trustee or Agent to return Collateral to such Lender as and to the extent set forth in, and subject to the conditions and limitations contained in, the Collateral Control Agreement. Xxxxxx Lender hereby consents to the terms of, agrees to be bound by, and hereby adopts as fully as though it had manually executed the same, the Collateral Control Agreement, such that from and after the date hereof shall, Lender shall be and become a party thereto for all purposes. Lender may access the Collateral Control Agreement at any time on Borrower’s website. Custodian Bank: XX Xxxxxx Xxxxx Bank, N.A. Trustee or Agent: Wilmington Trust, National Association Annex B CashCash United States Government-Backed Securities IMPORTANT DISCLOSURES REGARDING RISKS AND CHARACTERISTICS OF PARTICIPATING IN APEX CLEARING CORPORATION’S FULLY-PAID SECURITIES LENDING PROGRAM Please read these important disclosures carefully before deciding whether to participate in Apex Clearing Corporation’s Fully-Paid Securities Lending Program and before signing a Master Securities Lending Agreement for Apex Clearing Corporation’s Fully-Paid Securities Lending Program. These disclosures describe important characteristics of, and risks associated with engaging in, securities lending transactions.

Appears in 1 contract

Samples: Master Securities Lending Agreement

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