Common use of Security Interest and Rights Respecting Collateral Clause in Contracts

Security Interest and Rights Respecting Collateral. Except to the extent proscribed by Applicable Law not subject to waiver, all Contracts, cash, securities, and/or any other property of Customer whatsoever (collectively, the "Collateral") at any time held by Xxxxxx Xxxxxxx or its affiliates, or carried by others for the Account, hereby are pledged to Xxxxxx Xxxxxxx and shall be subject to a general lien and security interest in Xxxxxx Xxxxxxx'x favor to secure any indebtedness or other amounts, obligations and/or liabilities at any time owing from Customer to Xxxxxx Xxxxxxx (collectively, the "Customer's Liabilities"). Customer hereby grants Xxxxxx Xxxxxxx the right to borrow, pledge, repledge, hypothecate, rehypothecate, loan or invest any of the Collateral held by Xxxxxx Xxxxxxx, including utilizing the Collateral to purchase United States Government Treasury obligations pursuant to repurchase agreements or reverse repurchase agreements with any party, in each case without notice to Customer and without any obligation to pay or to account to Customer for any interest, income or benefit that may be derived therefrom. The rights of Xxxxxx Xxxxxxx set forth above shall be qualified by any applicable requirements for segregation of customers' property under Applicable Law. Xxxxxx Xxxxxxx commits to Customer that Xxxxxx Xxxxxxx will not issue a Notice of Exclusive Control under the Control Agreement between Xxxxxx Xxxxxxx and DWR unless Xxxxxx Xxxxxxx determines there is a default under this Agreement.

Security Interest and Rights Respecting Collateral. Except to the extent proscribed by Applicable Law not subject to waiver, all Contracts, cash, securities, and/or any other property of Customer whatsoever (collectively, the "Collateral") at any time held by Xxxxxx Xxxxxxx Morgan Stanley or its affiliates, or carried by others for the AccountAccoxxx, hereby are xexxxx xxe pledged to Xxxxxx Xxxxxxx Morgan Stanley and shall be subject to a general lien and security interest in Xxxxxx Xxxxxxx'x xxxxxxsx xx Xxrgan Stanley's favor to secure any indebtedness or other amounts, obligations and/or xxxxxxxxxxx xxx/or liabilities at any time owing from Customer to Xxxxxx Xxxxxxx Morgan Stanley (collectively, the "Customer's Liabilities"). Customer hereby grants Xxxxxx Xxxxxxx Customxx xxxexx xxxxts Morgan Stanley the right to borrow, pledge, repledge, hypothecate, rehypothecatexxxxxxtxxxxxx, loan or invest any of the Collateral held by Xxxxxx XxxxxxxMorgan Stanley, including utilizing the Collateral to purchase United States Government Unitxx Xxxtxx Xxxxrnment Treasury obligations pursuant to repurchase agreements or reverse repurchase agreements with any party, in each case without notice to Customer and without any obligation to pay or to account to Customer for any interest, income or benefit that may be derived therefrom. The rights of Xxxxxx Xxxxxxx Morgan Stanley set forth above shall be qualified by any applicable requirements xxxxxrxxxxxx for segregation of customers' property under Applicable Law. Xxxxxx Xxxxxxx Morgan Stanley commits to Customer that Xxxxxx Xxxxxxx Morgan Stanley will not issue a Notice of issxx x Xoxxxx xx Exclusive Control under the Control Agreement txx Xxxtxxx Xxxeement between Xxxxxx Xxxxxxx Morgan Stanley and DWR unless Xxxxxx Xxxxxxx Morgan Stanley determines there is a default under xxxxxxt xxxxx this Agreement.

Security Interest and Rights Respecting Collateral. Except to the extent proscribed by Applicable Law not subject to waiver, all Contracts, cash, securities, and/or any other property of Customer whatsoever (collectively, the "Collateral") at any time held by Xxxxxx Xxxxxxx Morgan Stanley or its affiliates, or carried by others for the AccountAccouxx, hereby are xxrxxx xxx pledged to Xxxxxx Xxxxxxx Morgan Stanley and shall be subject to a general lien and security interest in Xxxxxx Xxxxxxx'x ixxxxxxt xx Xxxgan Stanley's favor to secure any indebtedness or other amounts, obligations and/or xxxxxxxxxxx xxx/or liabilities at any time owing from Customer to Xxxxxx Xxxxxxx Morgan Stanley (collectively, the "Customer's Liabilities"). Customer hereby grants Xxxxxx Xxxxxxx Customex xxxxbx xxxxxs Morgan Stanley the right to borrow, pledge, repledge, hypothecate, rehypothecaterxxxxxxhxxxxx, loan or invest any of the Collateral held by Xxxxxx XxxxxxxMorgan Stanley, including utilizing the Collateral to purchase United States Government Unitex Xxxxex Xxxxxnment Treasury obligations pursuant to repurchase agreements or reverse repurchase agreements with any party, in each case without notice to Customer and without any obligation to pay or to account to Customer for any interest, income or benefit that may be derived therefrom. The rights of Xxxxxx Xxxxxxx Morgan Stanley set forth above shall be qualified by any applicable requirements for xxxxxxexxxxx xor segregation of customers' property under Applicable Law. Xxxxxx Xxxxxxx Morgan Stanley commits to Customer that Xxxxxx Xxxxxxx Morgan Stanley will not issue a Notice of issux x Xxtxxx xx Exclusive Control under the Control Agreement thx Xxxxrxx Xxxxement between Xxxxxx Xxxxxxx Morgan Stanley and DWR unless Xxxxxx Xxxxxxx Morgan Stanley determines there is a default under this dxxxxxx xxxxx xhis Agreement.

Security Interest and Rights Respecting Collateral. Except (i) Customer hereby assigns, pledges and transfers to Mxxxxx Sxxxxxx and grants to Mxxxxx Sxxxxxx a security interest in and continuing first priority lien on all of Customer’s right, title and interest in the extent proscribed by Applicable Law not subject to waiver, Account and any and all Contracts, cashsecurities entitlements, securities, and/or any funds and other property of Customer whatsoever (collectivelyfrom time to time credited to the Account, the "Collateral") at any time held by Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx or any of its affiliates, or carried by others for the Account, hereby are pledged to Xxxxxx Xxxxxxx whether now owned or existing or hereafter acquired and shall be subject to a general lien wherever located and security interest in Xxxxxx Xxxxxxx'x favor to secure all proceeds of any indebtedness or other amounts, obligations and/or liabilities at any time owing from Customer to Xxxxxx Xxxxxxx of the foregoing (collectively, the "Customer's Liabilities"“Collateral”). The foregoing grant of security secures, to the extent permissible by Applicable Law, all obligations of Customer hereby grants Xxxxxx Xxxxxxx now or hereafter owing to Mxxxxx Sxxxxxx pursuant this Agreement, including, without limitation, all Losses incurred by Mxxxxx Sxxxxxx in connection with the right to borrowenforcement of this Agreement and the security interest created hereunder. Upon the occurrence of an Event of Default, pledge, repledge, hypothecate, rehypothecate, loan or invest any Mxxxxx Sxxxxxx shall have and may exercise in respect of the Collateral held by Xxxxxx XxxxxxxCollateral, in addition to all other rights and remedies provided for herein or otherwise available to it pursuant to Applicable Law, at law or in equity, all the rights and remedies of a secured party upon default under Applicable Law, including utilizing but not limited to the Collateral Uniform Commercial Code (“UCC”), whether or not the UCC applies to purchase United States Government Treasury obligations pursuant the affected Collateral, to repurchase agreements or reverse repurchase agreements with any party, in each case without notice to Customer and without any obligation to pay or to account to Customer for any interest, income or benefit that may be derived therefrom. The rights of Xxxxxx Xxxxxxx set forth above shall be qualified by any applicable requirements for segregation of customers' property the fullest extent permitted under Applicable Law. Xxxxxx Xxxxxxx commits Customer agrees to execute any documents reasonably required by Mxxxxx Sxxxxxx for the perfection or negotiation of such general lien or security interest. Customer and Mxxxxx Sxxxxxx agree that Xxxxxx Xxxxxxx will not issue a Notice Mxxxxx Xxxxxxx’x use of Exclusive Control under the Control Agreement between Xxxxxx Xxxxxxx Collateral shall at all times be subject to and DWR unless Xxxxxx Xxxxxxx determines there is a default under this Agreementin accordance with Applicable Law.

Security Interest and Rights Respecting Collateral. Except to the extent proscribed by Applicable Law not subject to waiver, all Contracts, cash, securities, and/or any other property of Customer whatsoever and the proceeds thereof (collectively, the "“Collateral"”) at any time held by Xxxxxx Xxxxxxx or its affiliates, or carried by others for the Account, hereby are pledged to Xxxxxx Xxxxxxx and shall be subject to a general lien and security interest in Xxxxxx Xxxxxxx'x Xxxxxxx’x favor to secure any indebtedness or other amounts, obligations and/or liabilities at any time owing from Customer to Xxxxxx Xxxxxxx (collectively, the "“Customer's ’s Liabilities"”). Customer agrees to execute any documents reasonably required by Xxxxxx Xxxxxxx for the perfection or negotiation of such general lien or security interest. Customer hereby grants Xxxxxx Xxxxxxx the right right, subject to compliance with Applicable Law, to borrow, pledge, repledge, hypothecate, rehypothecate, loan or invest any of the Collateral held by Xxxxxx XxxxxxxCollateral, including utilizing the Collateral to purchase United States Government Treasury obligations pursuant to repurchase agreements or reverse repurchase agreements with any party, in each case without notice to Customer and without any obligation to pay or to account to Customer for any interest, income or benefit that may be derived therefrom. The rights of Xxxxxx Xxxxxxx set forth above shall be qualified by any applicable requirements for segregation of customers' ’ property under Applicable Law. Xxxxxx Xxxxxxx commits to Customer that Xxxxxx Xxxxxxx will not issue a Notice of Exclusive Control under the Control Agreement between Xxxxxx Xxxxxxx and DWR unless Xxxxxx Xxxxxxx determines there is a default under this Agreement.