Rehypothecation. (a) Customer expressly grants BNPP PB, Inc. the right, to the fullest extent that it may effectively do so under Applicable Law and subject to the terms and conditions of this Rehypothecation Agreement, to re-register the Collateral in its own name or in another name other than Customer’s, to use or invest the proceeds of any securities lending transaction at its own risk, and to pledge, repledge, hypothecate, rehypothecate, sell, lend, or otherwise transfer or use the Collateral (other than cash) (the “Hypothecated Securities”), with all attendant rights of ownership except as provided below. For the purposes of the return of any Hypothecated Securities to Customer, BNPP PB, Inc.’s return obligations shall be satisfied by delivering the Hypothecated Securities or securities identical to such Hypothecated Securities (such securities having the same cusip number as the subject Hypothecated Securities, or in the case of a reorganization or recapitalization of the issuer, the equivalent of the subject Hypothecated Securities) (“Equivalent Securities”). For the avoidance of doubt, Customer hereby grants BNPP PB, Inc. its consent to hypothecate its securities for the purposes of Rule 15c2-1(a)(1) of the Exchange Act, subject to the limits of this Agreement.
Rehypothecation. (a) Customer expressly grants each BNPP Entity the right, to the fullest extent that it may effectively do so under Applicable Law, to re-register the Collateral in its own name or in another name other than Customer’s, to use or invest the proceeds of any securities lending transaction at its own risk, and to pledge, repledge, hypothecate, rehypothecate, sell, lend, or otherwise transfer or use the Collateral (the “Hypothecated Securities”), with all attendant rights of ownership except as provided below. For the purposes of the return of any Hypothecated Securities to Customer, BNPP PB’s return obligations shall be satisfied by delivering the Hypothecated Securities or securities identical to such Hypothecated Securities (such securities having the same CUSIP number as the subject Hypothecated Securities, or in the case of a reorganization or recapitalization of the issuer, the equivalent of the subject Hypothecated Securities) (“Equivalent Securities”). For the avoidance of doubt, (a) the BNPP Entities shall comply with Rule 15c3-3 of the Securities Exchange Act of 1934, as such rule may be amended, restated or otherwise modified from time to time including in relation to the treatment of “fully paid securities” and (b) Customer hereby grants BNPP PB its consent to hypothecate its securities for the purposes of Rule 15c2-1(a)(1) of the Exchange Act, subject to the limits of this Agreement.
Rehypothecation. Prior to the occurrence of an Event of Default, Lender agrees not to rehypothecate, pledge, sell, assign, invest, lend, use, commingle or otherwise dispose of, or otherwise use in its business, the SINA Shares or any other Securities standing to the credit of the Collateral Account during the term of this Agreement; provided that the foregoing shall not restrict (a) where or by whom the SINA Shares or such other Securities may be held for purposes of perfecting the Liens granted under the Pledge Agreement, or (b) Lender’s right to assign the Obligations and the SINA Shares and such other Securities in accordance with Section 7.06 below.
Rehypothecation. Prior to the occurrence of an Event of Default, Secured Party and Custodian agree not to rehypothecate, pledge, sell, assign, invest, lend, use, commingle or otherwise dispose of, or otherwise use in its business, the SINA Shares or any other Securities standing to the credit of the Collateral Account during the term of this Agreement; provided that the foregoing shall not restrict (i) where or by whom the Certificates, the SINA Shares, or such other Securities may be held for purposes of perfecting the Liens granted under the Pledge Agreement, or (ii) Secured Party’s right to assign the Secured Obligations, the SINA Shares and such other Securities in accordance with clause (k) below.
Rehypothecation the Client agrees and authorises APM to borrow, lend, appropriate, dispose of or otherwise Use for APM’s own purposes, from time to time, all non-cash margin accepted by APM from the Client and, to the extent that APM does, APM acknowledges that the relevant non-cash margin will be transferred to a proprietary account belonging to APM (or to any other account selected by APM from time to time) by way of absolute transfer and such margin will become the absolute property of APM’s (or that of APM transferee) free from any security interest under this Agreement and from any equity, right, title or interest of the Client’s. Upon any such rehypothecation by APM the Client will have a right against APM for the delivery of property, cash, or securities of an identical type, nominal value, description and amount to the rehypothecated non- cash margin, which, upon being delivered back to the Client, will become subject to the provisions of this Agreement. APM agrees to credit to the Client, as soon as reasonably practicable following receipt by APM, and as applicable, a sum of money or property equivalent to (and in the same currency as) the type and amount of income (including interest, dividends or other distributions whatsoever with respect to the non-cash margin) that would be received by the Client in respect of such non-cash margin assuming that such non-cash margin was not rehypothecated by APM and was retained by the Client on the date on which such income was paid.
Rehypothecation. (a) Paragraph 8 of the Master Repurchase Agreement is amended by deleting "or pay Income" in the ninth line thereof and deleting the comma in the tenth line thereof.
Rehypothecation. Without limiting the rights and obligations of the parties under this Security Agreement provision, upon the consent of Counterparty in its capacity as pledgor (“Pledgor”) (which consent need not be in writing), on any day from, and including, the date which is thirty (30) calendar days following the Trade Date of the Transaction to which the relevant Collateral relates CSFB Capital, in its capacity as secured party (“Secured Party”), may sell, lend, pledge, rehypothecate, assign, invest, use, commingle or otherwise dispose of, or otherwise use in its business (collectively, “Rehypothecate”), any Collateral, free from any claim or right of any nature whatsoever of Pledgor, including any equity or right of redemption by pledgor and, if a Borrow Fee is specified in the relevant Confirmation, CSFB Capital shall pay to Counterparty, on the first Business Day following the first date on which CSFB Capital Rehypothecates any Collateral in respect of the Transaction to which such Confirmation relates but not in respect of any subsequent Rehypothecation of Collateral in respect of that Transaction, an amount in U.S. Dollars equal to the Borrow Fee (as such term is defined in the relevant Confirmation); provided that Secured Party will replace any Rehypothecated Collateral (with the same Collateral or identical substitute Collateral) (A) upon five (5) Business Days’ notice from Pledgor or (B) if not already replaced, on the applicable Share Delivery Date or any relevant Early Termination Date, as the case might be; provided further that in the case of any Early Termination Date arising pursuant to a Merger Event in which the consideration received by holder of Shares does not consist solely of Non-Stock Consideration, Secured Party will be obligated to replace only Non-Stock Consideration in an amount and of the type that a holder of a number of Shares equal to the number of Shares Rehypothecated by Secured Party immediately prior to such Merger Event would have been entitled to receive in such Merger Event. If at any time at which any Shares constituting Collateral have been Rehypothecated pursuant to this Rehypothecation Section there shall occur an event of a type that would, had Secured Party borrowed such Shares from Pledgor on terms customary for loans of equity securities (as determined by the Calculation Agent), require either (i) an adjustment to the number of Shares or a change in the type of securities or other property that Secured Party would be requir...
Rehypothecation. Without otherwise limiting the rights and obligations of the parties hereunder, if no Event of Default has occurred or been designated with respect to the Purchaser, then the Purchaser will, notwithstanding Section 9-207 of the New York Uniform Commercial Code, have the right to (i) sell, pledge, rehypothecate, assign, invest, use or otherwise dispose of, or otherwise use in its business any Margin provided by Seller it holds, free from any claim or right of any nature whatsoever of the Seller, including any equity or right of redemption by the Seller, other than the rights explicitly set forth elsewhere herein; and (ii) register any Margin in the name of the Purchaser, its assignee or a nominee for either. Notwithstanding the foregoing, the Purchaser will be deemed to continue to hold all Margin (or, if Purchaser sells, uses or disposes of such Margin in accordance with this Section, then an amount of cash or substitute Margin equal to the Fair Market Value of such Margin as of the date of such sale, use or disposition) and to receive all principal, interest and other payments and distributions of cash or other property with respect thereto, regardless of whether the Purchaser has exercised any rights with respect to Margin pursuant to (i) or (ii) above.
Rehypothecation a. Customer expressly grants the BNPP Entities the right, to the fullest extent that it may effectively do so under Applicable Law, to transfer the Collateral to their accounts (the “Hypothecated Securities”) along with all of the incidents of ownership, including the right to transfer the Collateral to others. For the purposes of the return of any Hypothecated Securities to Customer, the BNPP Entities’ return obligations shall be satisfied by delivering securities or other financial assets of the same issuer, class and quantity, and having the same CUSIP number, as the Collateral initially transferred (such securities or financial assets, “Equivalent Securities”) to the Customer. For the avoidance of doubt, Customer hereby grants the BNPP Entities its consent to hypothecate its securities for the purposes of Rule 15c2-1(a)(1) of the Securities Exchange Act of 1934 (the “Exchange Act”), subject to the limits of this Side Letter. Counterparty acknowledges that Customer may treat the delivery of the Hypothecated Securities to the BNPP Entities as a securities loan with the cash delivered by Counterparty to Customer under the US PB Agreement as the collateral for such loan.
Rehypothecation. Customer expressly grants the BofA Entities the right, to the fullest extent that it may effectively do so under Applicable Law and without notice to Customer, (a) to hold and re-register the Collateral in their own name or in another name other than Customer’s, and to pledge, repledge, hypothecate, rehypothecate, sell, lend, or otherwise transfer or use any amount of the Collateral, separately or together with other amounts of the Collateral, with all attendant rights of ownership (including the right to vote the securities), for the sum due to any of the BofA Entities, or for a greater sum and for a period of time longer than the Obligations or Contracts with respect to which such Collateral was pledged, and without retaining in their possession and control a like amount of similar Collateral and (b) to use or invest cash Collateral at its own risk. For the purposes of the return of any Collateral to Customer, the BofA Entities’ return obligations shall be satisfied by delivering securities of the same issuer, class and quantity as the Collateral initially transferred. For the avoidance of doubt, Customer hereby grants the BofA Entities its consent to hypothecate its securities for the purposes of Rule 15c2-1(a)(1) of the Securities Exchange Act of 1934 (the “Exchange Act”).
