Margin Loans Sample Clauses
Margin Loans. Shares subject to this Trading Plan may not be used to secure margin loans to Client made by Broker.
Margin Loans. None of the transactions contemplated in the Agreement will violate or result in a violation of Section 7 of the Securities Exchange Act of 1934, as amended, or any regulation issued pursuant thereto, including, without limitation, Regulation U of the Board of Governors of the Federal Reserve System, 12 C.F.R., Chapter II. Neither the Company nor any Subsidiary owns or intends to carry or purchase any "margin security" within the meaning of said Regulation U. None of the proceeds of the Revolving Loans or the Letters of Credit have been or will be used to purchase or refinance any borrowing, the proceeds of which were used to purchase any "security" within the meaning of the Securities Exchange Act of 1934, as amended.
Margin Loans. 3.1. A Stockholder may grant a lien or security interest in, pledge, hypothecate or e▇▇▇▇▇▇▇ (▇▇llectively, a "Pledge") any Shares beneficially owned by such Stockholder to a reputable bank, savings and loan association, investment bank, brokerage firm of other financial or lending institution, but specifically excluding hedge funds, with assets (in name or under management) of not less than $1,000,000,000 (a "Margin Lender") in connection with the incurrence by such Stockholder of financial indebtedness (a "Margin Loan") in a principal amount not to exceed the lesser of (a) the Permitted Loan Value set forth next to such Stockholder's name on Schedule A and (b) fifty percent (50%) of the fair market value of such Pledged Shares at the time such Pledge is granted by such Stockholder; provided, however, that the Margin Lender must agree in writing at or prior to the time such Pledge is made that no Transfer of Shares in connection with a foreclosure, forfeiture or similar proceeding arising from the operation of such Pledge shall be made except as provided in Section 3.2.
3.2. A Margin Lender that has been granted a Pledge of Shares may Transfer such Shares in connection with, and only in connection with, a foreclosure, forfeiture or similar proceeding arising from the operation of such Pledge. Upon such a foreclosure, forfeiture or similar proceeding, the Margin Lender shall promptly give written notice (a "Notice") thereof to the Principal Stockholder. The Notice shall state the number of Shares to which such Notice relates (which shall be all Shares related to such foreclosure, forfeiture or similar proceeding) and offer (the "Offer") the Principal Stockholder the option to acquire any or all of such Shares. The Principal Stockholder shall have five Business Days following receipt of a Notice (the "Response Period") to respond to the Margin Lender in writing (a "Response") indicating its intention to accept the Offer, subject to negotiation of mutually satisfactory terms. Upon delivery by the Principal Stockholder of a Response, the Principal Stockholder and Margin Lender shall use their respective reasonable best efforts to consummate a Transfer of the Shares identified in the Offer within thirty Business Days upon terms satisfactory to both the Margin Lender and the Principal Stockholder. Upon the first to occur of (i) rejection of the Offer by the Principal Stockholder and (ii) the expiration of the Response Period without the Principal Stockholder de...
Margin Loans. The Company shall, as expeditiously as possible and if requested by any Registration Rights Party in connection with any transaction involving any Registrable Securities (including any sale or other transfer of such Registrable Securities without registration under the Securities Act, pledges pursuant to margin loans, ▇▇▇▇▇▇ or other transactions or arrangements (including, without limitation, any put or call option, or combination thereof, forward, swap or any other derivative transaction or instrument, however described or defined)), provide such Registration Rights Party with customary and reasonable assistance to facilitate such transaction, including, without limitation (i) such action as such Registration Rights Party may reasonably request from time to time to enable such Registration Rights Party to sell Registrable Securities without registration under the Securities Act or (ii) entering into an “issuer’s agreement” in connection with any margin loan with respect to such Registrable Securities in customary form.
Margin Loans. If I apply for a margin facility, ▇▇▇▇▇▇ ▇▇▇▇▇ may, in its sole discretion, grant the facility upon condition that ▇▇▇▇▇▇ ▇▇▇▇▇ may, without notice, at any time: (a) reduce or cancel any margin facility made available to me or refuse to grant any additional margin facility to me; and/ or (b) require me to provide margin in addition to the margin required by applicable rules and regulations. I will provide ▇▇▇▇▇▇ ▇▇▇▇▇ with any margin that is requested by ▇▇▇▇▇▇ ▇▇▇▇▇ and will promptly pay any indebtedness due as a result of any reduction or cancellation of any margin facility. I acknowledge that ▇▇▇▇▇▇ ▇▇▇▇▇ may operate its margin business on a trade date basis.
Margin Loans. The Investor irrevocably appoints ▇▇▇▇▇▇▇ and each Authorised Attorney to carry out the following in relation to the Investor’s margin loan(s):
a. Act as an authorised representative;
b. Draw and repay funds as required; and
c. Nominate shares, investments in managed funds and/or cash as security for the margin loan as required. This includes but i s not limited to all shares, managed funds and cash associated with the margin loan either directly or through any cash management account or trust. This authorisation operates in conjunction with previous appointments of authorised representatives. ▇▇▇▇▇▇▇ is not liable for any failure to repay funds to the margin loan account or any failure to nominate shares, investments in managed funds or cash as security for the margin loans.
6.1 Withdrawals and Deposits The Investor can request a withdrawal by giving ▇▇▇▇▇▇▇ written notice. ▇▇▇▇▇▇▇ will comply with the request as soon as practicable and in any event within 6 Business Days after the request is received by ▇▇▇▇▇▇▇. The Investor can give more money to ▇▇▇▇▇▇▇ to form part of the Portfolio and management under this agreement from time to time, but is not obliged to. Dividends, distributions and other income earned in respect of the Portfolio (including realised capital gains) will not be distributed to the Investor, but will be reinvested in the Portfolio. ▇▇▇▇▇▇▇ must not extend credit to the Investor for investment. Custodian Services
a. If any of the assets in the Portfolio are held in custody this clause 6 applies.
b. ▇▇▇▇▇▇▇ will not permit the Investor’s Portfolio to be pooled with any other assets to enable an investment to be made or made on more favourable terms.
c. ▇▇▇▇▇▇▇ confirms the assets of the Investor’s Portfolio: i are held: a. in trust for the Investor, or b. in trust for the Investor and other Investors of Private Portfolio Account services provided under a managed investment scheme that Wilsons operates; or
c. in trust for ▇▇▇▇▇▇▇ who holds the beneficial interest in trust for the Investor; or
d. in accordance with the operating rules of a licensed market, in an investor segregated account operated by a participant of that market where the participant is required to call margins from an Investor under those rules; and ii unless held in accordance with subparagraph (i)(D), are held separately from the assets of ▇▇▇▇▇▇▇ and any person acting on its behalf and any Investor other than the Investor and any other person, except for:
a. cash (in...
Margin Loans. If I want margin credit, I shall complete and execute appropriate applications and agreements for margin credit to be provided by ▇▇▇▇▇▇▇▇. I understand that the application will be subject to acceptance. For information on the benefits, costs, and risks of margin, see Pershing’s Margin Agreement and Disclosure, available upon request. Margin may not be available in all accounts types. For more information please contact your HSBC Securities representative or HSBC Securities at the phone number listed at the beginning of this agreement.
Margin Loans. (a) The value of the collateral securing each loan to each PC/CM Customer (collectively, the “Margin Loans”) as of the close of business of the immediately preceding Business Day prior to the Closing Date, (i) is not less than the amount reflected on the books of the PC/CM Business as the value of such collateral as of such date as (A) provided by third party pricing vendors identified in Section 5.8(a) of the ▇▇▇▇ ▇▇▇▇▇ Disclosure Letter, (B) provided by other sources as will be disclosed three Business Days prior to the Closing Date, which are engaged by the PC/CM Business to value such collateral in the ordinary course of business consistent with customary industry practice and reasonably acceptable to Citigroup (provided, however, that if any such pricing source is not reasonably acceptable to Citigroup, a third party independent source will be used and provided, further, however, that if no third party independent source is available, the relevant price will be mutually agreed upon by Citigroup and ▇▇▇▇ ▇▇▇▇▇), or (C) in the case of any security for which there is no closing sale price as of such date, reasonably estimated by the Parties, and (ii) satisfies the requirements set forth in Regulation T of the Board of Governors of the Federal Reserve System and NYSE Rule 431.
(b) Except for the amount reflected on the books of the PC/CM Business as an offset against unsecured and partially secured accounts receivable, including collateral carried in the proprietary account of certain introducing firms, no other reserves (determined in accordance with GAAP) are required to be established with respect to the Margin Loans. The applicable PC/CM Subsidiary has a valid and perfected security interest with respect to each Margin Loan to the extent required by Requirements of Law.
Margin Loans. Use any of the proceeds of the Loans, directly or indirectly, to purchase or carry margin stock within the meaning of Regulation U of the Board of Governors of the Federal Reserve System; or engage as its principal business in the extension of credit for purchasing or carrying such stock.
Margin Loans. 28.1. This Section is applied, if the Client has expressed a wish to receive the Margin Loan with the Bank against the Financial Collateral of the Investment Assets.
28.2. Based on the Client’s Order the Bank is entitled but is not required to provide the Margin Loan to the Client against the Financial Collateral of the Investment Assets.
28.3. The period, amount and interest rate applicable to the Margin Loan and other conditions of the Margin Loan are reflected in the Client’s duly formulated and completed Order.
28.4. The Bank is entitled to unilaterally alter conditions of the Margin Loan by notifying the Client 1 (One) Working Day before the new conditions come into effect. The Bank at its own discretion may refuse to continue the provision of the Margin Loan to the Client and to demand the repayment at any time.
28.5. If the Bank discontinues the provision of the Margin Loan or alters its conditions so that the Client is required to fully or partially cover the amount of the Margin Loan, the Bank notifies the Client thereof at least 1 (One) Working Day before the new conditions come into effect. The Client has to cover the required amount of the Margin Loan and all interest payable no later than on the day of the expiry of the Margin Loan.
28.6. If the market value of the Investment Assets used as the Financial Collateral decreases and is insufficient to meet the level defined by the Bank in accordance with loan-to-collateral rations established in the Bank, the Margin Call situation emerges.
28.7. The Bank is entitled but not required to inform the Client about the Margin Call situation. The Client has to individually keep track of the market price of the Financial Instruments used as the Financial Collateral for the Margin Loan and to contact the Bank in case of the Margin Call to receive the Bank’s instructions:
28.7.1. to deposit additional cash funds in his/her Cash Account to meet the margin (or a part of the margin), i.e., the difference between the purchase price of the Financial Instruments (or the amount of the provided Margin Loan) used as the Financial Collateral for the Margin Loan and their real value;
28.7.2. to secure the Financial Collateral to buy additional Financial Instruments or to transfer them to the Financial Instruments Account. The Bank takes a decision about the measures to be taken to eliminate the Margin Call situation unilaterally without additional coordination with the Client. The Client has to fulfil the Bank’s instr...
