Common use of Delivery Failures Clause in Contracts

Delivery Failures. In case of the sale of any security, commodity, or other property by the BofA Entities at the direction of Customer and the BofA Entities’ inability to deliver the same to the purchaser by reason of failure of Customer to supply the BofA Entities therewith, Customer authorizes the BofA Entities to borrow or purchase any such security, commodity, or other property necessary to make delivery thereof. Customer hereby agrees to be responsible for any cost, expense or loss which the BofA Entities may sustain thereby.

Appears in 4 contracts

Sources: Bas Agreement (Highland Capital Management Lp), Bal Agreement (Fiduciary/Claymore MLP Opportunity Fund), Bas Agreement (Highland Capital Management Lp)