Custody of Securities and Moneys
Custody of Securities and Moneys Sample Clauses
Related to Custody of Securities and Moneys
Custody of Securities Trade Republic holds the Customer's Securities and uncertificated Securities in custody, with the exception of Crypto Assets acquired by the Customer. Trade Republic observes the legal and regulatory requirements for the regularity of the custody business. As a rule, German domestic securities are held in custody by Clearstream Banking AG, in Frankfurt, Germany, as a central securities depository, provided that the Securities are eligible for collective safe custody. As long as Trade Republic itself does not maintain a custody account with Clearstream Banking AG, the German Customers’ domestic Securities are booked in a custody account of a sub-custodian (at the moment HSBC Trinkaus & Xxxxxxxxx XX) with Clearstream Banking AG. Trade Republic has concluded a corresponding agreement with the respective sub- custodian. Following this agreement, the sub-custodian has to hold the Securities of the Trade Republic Customers separately from the securities held by itself. The sub-custodian is liable to Trade Republic for any breaches of duty arising from the custody of Customers' Securities. Trade Republic is in turn liable to the Customers themselves for the fulfillment of the contractual obligations under the Framework Agreement and the Special Terms and Conditions. In the event of insolvency of Trade Republic or the sub-custodian, Trade Republic and the sub-custodian will keep Customers' Securities separate from any own holdings. This avoids a commingling of own holdings with Customer securities and ensures a right of segregation of the Customers regarding their securities. Only for fractional securities held by the Customer, Trade Republic may, if necessary, hold a cover holding as a proprietary holding. Foreign securities are generally held in custody in the home market of the security in question or in the country in which the purchase was made. The respective securities statement provided by Trade Republic to the Customer shows in which country Trade Republic holds the Securities in custody. Trade Republic fulfills its custody obligations by providing and maintaining the Custody Account. This includes the following services in particular: - Issuance of an annual Custody Account statement; - Redemption of Securities and renewal of coupon sheets; - Processing of subscription rights, warrants and convertible bonds; - Passing on news from "Wertpapier-Mitteilungen" - an information provider regarding securities; - Exchanging, deregistering and destroying certificates In case of redemption of interest coupons, dividend coupons and income coupons as well as securities in foreign currencies or accounting units, Trade Republic will issue a credit note to Customers in euros, unless otherwise agreed. The details of the fulfillment of the custody duties are set out in Clauses 13 to 18 of the Special Terms and Conditions for Securities Transactions and Execution Policies (Appendix 2.2.). To the extent that Trade Republic books fractions into the Customer's Custody Account, Trade Republic may hold a cover holding of securities in this respect in the Custody Account held by the sub-custodian together with the Customer's securities or in a separate Custody Account in Trade Republic's name. Trade Republic will ensure through appropriate safekeeping that the cover holding in a class of securities is at least equal to the sum of the fractions held by Customers in that class of securities. The Customer is not entitled to delivery of fractions from the cover holding for the fractions; rather, the Customer may dispose of fractions by sale (cf. Clause 2.5 of the Special Terms and Conditions for Savings Plan (Appendix 2.4.). Crypto Assets, on the other hand, are held in custody by a Crypto Custodian in accordance with Clause 11 of the Special Conditions for Trading in Crypto Assets (Appendix 2.5.). Crypto Assets are held in centralized wallets by the Crypto Custodian commissioned by the Customer in accordance with its terms of use. For this purpose, the Customer concludes its own custody agreement with the Crypto Custodian for this purpose via the Application. Trade Republic itself does not assume custody of Crypto Assets for the Customer. The Securities acquired by the Customer within the framework of the partial executions, will be booked into the Customer’s Custody Account maintained with Trade Republic.
Authorization of Securities The Securities to be sold by the Company under this Agreement have been duly authorized for issuance and sale to the Underwriters pursuant to this Agreement and, when issued and delivered by the Company pursuant to this Agreement against payment of the consideration set forth herein, will be validly issued, fully paid and non-assessable; no holder of the Securities is or will be subject to personal liability by reason of being such a holder; and the issuance and sale of the Securities to be sold by the Company under this Agreement are not subject to any preemptive rights, rights of first refusal or other similar rights of any securityholder of the Company or any other person.
SUBORDINATION OF SECURITIES SECTION 1201.
Reservation of Securities The Company shall maintain a reserve from its duly authorized shares of Common Stock for issuance pursuant to the Transaction Documents in such amount as may be required to fulfill its obligations in full under the Transaction Documents. In the event that at any time the then authorized shares of Common Stock are insufficient for the Company to satisfy its obligations in full under the Transaction Documents, the Company shall promptly take such actions as may be required to increase the number of authorized shares.
Segregation of Securities The Custodian shall identify on its books as belonging to the Fund, the foreign securities of the Fund held by each foreign sub-custodian. Each agreement pursuant to which the Custodian employs a foreign banking institution shall require that such institution establish a custody account for the Custodian on behalf of the Fund and physically segregate in that account, securities and other assets of the Fund, and, in the event that such institution deposits the Fund's securities in a foreign securities depository, that it shall identify on its books as belonging to the Custodian, as agent for the Fund, the securities so deposited.
Deposit of Securities in Securities Systems The Custodian may deposit and/or maintain domestic securities owned by the Fund in a clearing agency registered with the Securities and Exchange Commission under Section 17A of the Securities Exchange Act of 1934, which acts as a securities depository, or in the book-entry system authorized by the U.S. Department of the Treasury and certain federal agencies, collectively referred to herein as "Securities System" in accordance with applicable Federal Reserve Board and Securities and Exchange Commission rules and regulations, if any, and subject to the following provisions:
Evaluation of Securities Compensation for Evaluation; Portfolio Supervision and Bookkeeping and Administrative Services; Succession
Pledge of Securities Etc 7 3.1 Pledge ................................................................................................7 3.2 Procedures.............................................................................................10 3.3 Subsequently Acquired Collateral.......................................................................11
Confirmation of Security Borrower hereby confirms and agrees that all of the Collateral Documents that presently secure the Obligations shall continue to secure, in the same manner and to the same extent provided therein, the payment and performance of the Obligations as described in the Original Credit Agreement as modified by this Amendment.
