Application Scope and Definitions Sample Clauses

Application Scope and Definitions. 1.1 The application of the provisions of this Side Letter Collateral Giver is subject to the following:‌ 1.1.1 Clause 2 only applies if Eurex Clearing acts as Collateral Receiver and to the extent that the Collateral Giver provides, or the Collateral Giver (or, if the Collateral Giver is different from the entity that, pursuant to the relevant Underlying Agreement (as defined in Clause 2), is contractually required to provide the related Collateral, such entity) is required to provide,‌ (i) margin in the form of securities to Eurex Clearing; (ii) default fund contributions in the form of securities to Eurex Clearing; and/or (iii) collateral in the form of securities to Eurex Clearing in order to compensate a shortfall of minimum regulatory capital required by Eurex Clearing for purposes of granting a clearing license. The Collateral Giver shall elect the relevant TCM service type(s) in Appendix A to the GCMSA-CG which corresponds to the services governed by Clause 2. The Parties agree that, if Clause 2 applies, the provisions thereof apply separately, where relevant, with respect to (A) margin for proprietary transactions of the Collateral Giver (or, if the Collateral Giver is different from the entity that is contractually required to provide the related Collateral, of such entity) cleared by Eurex Clearing; (B) margin for client-related transactions of the Collateral Giver (or, if the Collateral Giver is different from the entity that, pursuant to the relevant Underlying Agreement (as defined in Clause 2), is contractually required to provide the related Collateral, of such entity) cleared by Eurex Clearing under omnibus client account segregation; (C) margin for client-related transactions of the Collateral Giver (or, if the Collateral Giver is different from the entity that, pursuant to the relevant Underlying Agreement (as defined in Clause 2), is contractually required to provide the related Collateral, of such entity) cleared by Eurex Clearing under individual client account segregation; (D) default fund contributions (to be) provided by the Collateral Giver (or, if the Collateral Giver is different from the entity that, pursuant to the relevant Underlying Agreement (as defined in Clause 2), is contractually required to provide the related Collateral, such entity) in relation to the capacity as a clearing member; (E) default fund contributions (to be) provided by the Collateral Giver (or, if the Collateral Giver is different from the entity that, purs...
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