Margin Refund. If during the term of a Loan the value of the Borrowed Asset decreases relative to the Collateral by the Margin Refund Rate indicated on the Loan Term Sheet, as measured by the spot rate published on Coinbase Pro, or if the Borrowed Asset is not listed on Coinbase Pro, then the spot rate published on Kraken (such rate, the “Margin Return Spot Rate”), Borrower shall have the right to require Lender to return a portion of Collateral so that the Collateral is valued at the same percentage indicated in the Loan Term Sheet relative to the value of the Borrowed Asset at the Margin Return Spot Rate (the “Margin Refund Amount”). If Borrower requires Lender to provide the Margin Refund Amount, it shall send a notice (the “Margin Refund Notice”) that sets forth: (i) the Margin Return Spot Rate and (ii) the Margin Refund Amount required based on the Margin Return Spot Rate. Such notice may be sent electronically, via email, telephone, Telegram, WhatsApp, or any other means of electronic communication agreed upon by the parties. Lender shall have [***] to respond and send the Margin Refund Amount to Borrower. Lender shall not be required to send a Margin Refund Amount pursuant to a Margin Refund Notice where (i) the spot rate for Digital Currency Collateral as indicated on Coinbase Pro or Kraken, as applicable, has decreased sufficiently such that it is no longer at or above the Margin Return Spot Rate, and (ii) where such spot rate remains below the Margin Return Spot Rate for the remainder of [***]
Appears in 2 contracts
Sources: Digital Currency Loan Agreement (Gemini Space Station, Inc.), Master Digital Currency Loan Agreement (Gemini Space Station, Inc.)
Margin Refund. If Where a Margin Refund Rate is indicated in the Loan Term Sheet, then if during the term of a Loan the value of the Borrowed Asset decreases changes relative to the Collateral, such that the Collateral by becomes valued at a rate greater than the Margin Refund Rate for Collateral indicated on the Loan Term Sheet, Sheet as measured by the spot rate published on Coinbase Pro, or if the Borrowed Asset is not listed on Coinbase Pro, then the spot rate published on Kraken (such rate, the “Margin Return Spot Rate”), ) then Borrower shall have the right to require Lender to return a portion of Collateral so that the Collateral is valued at the same percentage indicated in the Loan Term Sheet relative to the value of the Borrowed Asset at the Margin Return Spot Rate (the “Margin Refund Amount”). If Borrower requires Lender to provide the a Margin Refund Amount, it shall send a notice (the “Margin Refund Notice”) that sets forth: (i) the Margin Return Spot Rate and (ii) the Margin Refund Amount required based on the Margin Return Spot Rate. Such notice may be sent electronically, via email, telephone, Telegram, WhatsApp, or any other means of electronic communication agreed upon by the parties. Lender shall have [***] eighteen (18) hours from the time Borrower sends such ▇▇▇▇▇▇ Refund Notice to respond and send the Margin Refund Amount to Borrower. Lender shall not be required Failure to send provide a Margin Refund Amount pursuant to a Margin Refund Notice where (i) shall give Borrower the spot rate for Digital Currency Collateral as indicated on Coinbase Pro or Krakenright, as applicablebut not the obligation, has decreased sufficiently such that it is no longer at or above the Margin Return Spot Rate, and (ii) where such spot rate remains below the to declare an Event of Default. If a Margin Return Spot Rate for is not specified on the remainder of [***]Loan Term Sheet, then the foregoing paragraph shall not apply.
Appears in 1 contract
Sources: Master Digital Currency Loan Agreement (Lm Funding America, Inc.)
Margin Refund. If Where a Margin Refund Rate is indicated in the Term Sheet, then if during the term of a Loan the value of the Borrowed Asset decreases changes relative to the Collateral, such that the Collateral by becomes valued at a rate greater than the Margin Refund Rate for Collateral indicated on the Loan Term Sheet, Sheet as measured by the spot rate published on Coinbase Pro, or if the Borrowed Asset is not listed on Coinbase Pro, then the spot rate published on Kraken (such rate, the “Margin Return Spot Rate”), ) then Borrower shall have the right to require Lender to return a portion of Collateral so that the Collateral is valued at the same percentage indicated in the Loan Term Sheet relative to the value of the Borrowed Asset at the Margin Return Spot Rate (the “Margin Refund Amount”). If Borrower requires Lender to provide the a Margin Refund Amount, it shall send a notice (the “Margin Refund Notice”) that sets forth: (i) the Margin Return Spot Rate and (ii) the Margin Refund Amount required based on the Margin Return Spot Rate. Such notice may be sent electronically, via email, telephone, Telegram, WhatsApp, or any other means of electronic communication agreed upon by the parties. Lender shall have [***] one (1) Business Day from the time Borrower sends such ▇▇▇▇▇▇ Refund Notice to respond and send the Margin Refund Amount to Borrower. Lender shall not be required Failure to send provide a Margin Refund Amount pursuant to a Margin Refund Notice where (i) shall give Borrower the spot rate for Digital Currency Collateral as indicated on Coinbase Pro or Krakenright, as applicablebut not the obligation, has decreased sufficiently such that it is no longer at or above the Margin Return Spot Rate, and (ii) where such spot rate remains below the to declare an Event of Default. If a Margin Return Spot Rate for is not specified on the remainder of [***]Loan Term Sheet, then the foregoing paragraph shall not apply.
Appears in 1 contract
Sources: Uncommitted Revolving Credit Agreement (Empery Digital Inc.)
Margin Refund. If Where a Margin Return Spot Rate is indicated in the Term Sheet, then if during the term of a Loan the value of the Borrowed Asset decreases changes relative to the Collateral, such that the Collateral by becomes valued at a rate greater than the Margin Refund Return Spot Rate for Collateral indicated on the Loan Term Sheet, Sheet as measured by the spot rate published on Coinbase Pro, or if the Borrowed Asset is not listed on Coinbase Pro, then the spot rate published on Kraken (such rate, the “Margin Return Spot Rate”), ) then Borrower shall have the right to require Lender to return a portion of Collateral so that the Collateral is valued at the same percentage indicated in the Loan Term Sheet relative to the value of the Borrowed Asset at the Margin Return Spot Rate (the “Margin Refund Amount”). If Borrower requires Lender to provide the a Margin Refund Amount, it shall send a notice (the “Margin Refund Notice”) that sets forth: (i) the Margin Return Spot Rate and (ii) the Margin Refund Amount required based on the Margin Return Spot Rate. Such notice may be sent electronically, via email, telephone, Telegram, WhatsApp, or any other means of electronic communication agreed upon by the parties. Lender shall have [***] eighteen (18) hours from the time Borrower sends such M▇▇▇▇▇ Refund Notice to respond and send the Margin Refund Amount to Borrower. Lender shall not be required Failure to send provide a Margin Refund Amount pursuant to a an Margin Refund Notice where (i) shall give Borrower the spot rate for Digital Currency Collateral as indicated on Coinbase Pro or Krakenright, as applicablebut not the obligation, has decreased sufficiently such that it is no longer at or above the Margin Return Spot Rate, and (ii) where such spot rate remains below the to declare an Event of Default. If a Margin Return Spot Rate for is not specified on the remainder of [***]Loan Term Sheet, then the foregoing paragraph shall not apply.
Appears in 1 contract
Sources: Master Digital Currency Loan Agreement (FG Nexus Inc.)
Margin Refund. If Where a Margin Return Spot Rate is indicated in the Term Sheet, then if during the term of a Loan the value of the Borrowed Asset decreases changes relative to the Collateral, such that the Collateral by becomes valued at a rate greater than the Margin Refund Return Spot Rate for Collateral indicated on the Loan Term Sheet, Sheet as measured by the spot rate published on Coinbase Pro, or if the Borrowed Asset is not listed on Coinbase Pro, then the spot rate published on Kraken (such rate, the “Margin Return Spot Rate”), ) then Borrower shall have the right to require Lender to return a portion of Collateral so that the Collateral is valued at the same percentage indicated in the Loan Term Sheet relative to the value of the Borrowed Asset at the Margin Return Spot Rate (the “Margin Refund Amount”). If Borrower requires Lender to provide the a Margin Refund Amount, it shall send a notice (the “Margin Refund Notice”) that sets forth: (i) the Margin Return Spot Rate and (ii) the Margin Refund Amount required based on the Margin Return Spot Rate. Such notice may be sent electronically, via email, telephone, Telegram, WhatsApp, or any other means of electronic communication agreed upon by the parties. Lender shall have [***] from the time Borrower sends such ▇▇▇▇▇▇ Refund Notice to respond and send the Margin Refund Amount to Borrower. Lender shall not be required Failure to send provide a Margin Refund Amount pursuant to a Margin Refund Notice where (i) shall give Borrower the spot rate for Digital Currency Collateral as indicated on Coinbase Pro or Krakenright, as applicablebut not the obligation, has decreased sufficiently such that it is no longer at or above the Margin Return Spot Rate, and (ii) where such spot rate remains below the to declare an Event of Default. If a Margin Return Spot Rate for is not specified on the remainder of [***]Loan Term Sheet, then the foregoing paragraph shall not apply.
Appears in 1 contract
Sources: Master Digital Currency Loan Agreement (Exodus Movement, Inc.)