Deposit of Additional Securities Clause Samples
The 'Deposit of Additional Securities' clause establishes the conditions under which a party may be required or permitted to deposit further securities beyond the initial amount specified in an agreement. Typically, this clause outlines the circumstances that trigger the need for additional deposits, such as changes in collateral value, increased exposure, or specific contractual milestones. By setting clear rules for when and how extra securities must be provided, the clause helps maintain adequate security for obligations and protects parties from potential shortfalls or increased risk.
Deposit of Additional Securities. (a) Subject to the requirements set forth below in this Section, the Depositor may, on any Business Day (the "Trade Date"), subscribe for Additional Units as follows:
(1) Prior to the Evaluation Time defined in Section 5.01 on the Trade Date, the Depositor shall provide notice (the "Subscription Notice") to the Trustee of the Depositor's intention to subscribe for Additional Units. The Subscription Notice shall identify the Additional Securities to be acquired (unless such Additional Securities are a precise replication of the then existing portfolio) and shall either (i) specify the quantity of Additional Securities to be deposited by the Depositor on the settlement date for such subscription or (ii) instruct the Trustee to purchase Additional Securities with an aggregate cost as specified in the Subscription Notice.
(2) Promptly following the Evaluation Time on such Business Day, the Depositor shall verify with the Trustee, the number of Additional Units to be created.
(3) Not later than the time on the settlement date for such subscription when the Trustee is to deliver the Additional Units created thereby (which time shall not be later than the time by which the Trustee is required to settle any contracts for the purchase of Additional Securities entered into by the Trustee pursuant to the instruction of the Depositor referred to in subparagraph (1) above), the Depositor shall deposit with the Trustee (i) any Additional Securities specified in the Subscription Notice (or contracts to purchase such Additional Securities together with cash or a letter of credit in the amount necessary to settle such contracts) or (ii) cash or a letter of credit in the amount equal to the aggregate cost of the Additional Securities to be purchased by the Trustee, as specified in the Subscription Notice, together with, in each case, Cash defined below. "Cash" means, as to the Capital Account, cash or other property (other than Securities) on hand in the Capital Account or receivable and to be credited to the Capital Account as of the Evaluation Time on the Business Day preceding the Trade Date (other than amounts to be distributed solely to persons other than persons receiving the distribution from the Capital Account as holders of Additional Units created by the deposit), and, as to the Income Account, cash or other property (other than Securities) received by the Trust as of the Evaluation Time on the Business Day preceding the Trade Date or receivable by the Trust in re...
Deposit of Additional Securities. The Subject to the provisions of this Trust Deed, the Company reserves the right to issue, at any time, without approval of the Trustee and/or the Noteholders, other Notes or Series Notes or other securities of any nature or type whatsoever, at such terms as the Company shall find fit, whether preferable, equal or inferior to the terms of the Notes. The Notes may not be offered, sold, transferred or disposed of in the Netherlands, as part of the initial spread thereof and at any time thereafter, either directly or indirectly, other than to qualified investors (gekwalificeerde beleggers) as provided in article 1:1 of the Dutch Act on the financial supervision (Wet op het financieel toezicht), except that an offering, sale or transfer of the Debentures on the on the Tel Aviv Stock Exchange will not be deemed to be an offering in The Netherlands.An opinion that the Company has received from its attorneys in the Netherlands with regard to the issuing of the Notes and their listing for trade in the Stock Exchange is attached as Appendix DNetherlands.
Deposit of Additional Securities. (a) Subject to the requirements set forth below in this Section, the Depositor may, on any Business Day (the "Trade Date"), subscribe for Additional Units as follows:
(1) Prior to the Evaluation Time defined in Section 5.1 on the Trade Date, the Depositor shall provide notice (the "Subscription Notice") to the Trustee, by telecopy or by written communication, of the Depositor's intention to subscribe for Additional Units. The Subscription Notice shall identify the Additional Securities to be acquired (unless such Additional Securities are a precise replication of the then existing portfolio) and shall either (i) specify the quantity of Additional Securities to be deposited by the Depositor on the settlement date for such subscription or (ii) instruct the Trustee to purchase Additional Securities with an aggregate cost as specified in the Subscription Notice.
(2) Promptly following the Evaluation Time on such Business Day, the Depositor shall verify with the Trustee, by telecopy, the number of Additional Units to be created.
(3) Not later than the time on the settlement date for such subscription when the Trustee is to deliver the Additional Units created thereby (which time shall not be later than the time by which the Trustee is required to settle any contracts for the purchase of Additional Securities entered into by the Trustee pursuant to the instruction of the Depositor referred to in subparagraph (1) above), the
Deposit of Additional Securities. Pledgor will cause any additional securities or other properties (excluding cash dividends, if any, regardless of whether declared) issued to or received by Pledgor with respect to any of the Collateral, whether for value paid by Pledgor or otherwise, to be forthwith deposited with and pledged to Lender hereunder, such additional securities or properties to be accompanied by proper instruments of assignment duly executed in blank by Pledgor or as Lender may, in its sole and absolute discretion, request.
Deposit of Additional Securities. From time to time and in the discretion of the Depositor, the Depositor may make deposits of Additional Securities duly endorsed in blank or accompanied by all necessary instruments of assignment and transfer in proper form (or contracts to purchase Additional Securities and cash or an irrevocable letter of credit in an amount necessary to consummate the purchase of any Additional Securities pursuant to such contracts
Deposit of Additional Securities. (a) Subject to the requirements set forth below in this Section, the Depositor may, on any Business Day (the "Trade Date"), subscribe for Additional Units as follows:
Deposit of Additional Securities. During the 90-day period following the Initial Date of Deposit (the "Deposit Period"), the Sponsors may deposit (i) additional Securities in the Trust that are substantially similar to the Securities already deposited in the Trust ("Additional Securities"), (ii) contracts to purchase Additional Securities or (iii) cash with instructions to purchase Additional Securities, in order to create additional Units, maintaining to the extent practicable the original proportionate relationship of the number of shares of each Security in the Trust's portfolio on the Initial Date of Deposit. These additional Units, which will result in an increase in the number of Units outstanding, will each represent, to the extent practicable, an undivided interest in the same number and type of securities of identical issuers as are represented by Units issued on the Initial Date of Deposit. The proportionate relationship among the Securities in the Trust will be adjusted to reflect the occurrence of a stock dividend, a stock split or a similar event which affects the capital structure of the issuer of a Security in the Trust but which does not affect the Trust's percentage ownership of the common stock equity of such issuer at the time of such event. It may not be possible to maintain the exact original proportionate relationship among the Securities deposited on the Initial Date of Deposit because of, among other reasons, purchase requirements, changes in prices, or unavailability of Securities. Deposits of Additional Securities in the Trust subsequent to the Deposit Period must replicate exactly the existing proportionate relationship among the number of shares of Securities in the Trust's portfolio. Substitute Securities may be acquired under specified conditions when Securities originally deposited in the Trust are unavailable (see "The Trust--Substitution of Securities").
Deposit of Additional Securities. (a) From time to time and in the discretion of the Depositor, but in no event more than 90 days after the date of execution and delivery of the applicable Reference Trust Agreement, the Depositor may make deposits of (i) Additional Securities duly endorsed in blank or accompanied by all necessary instruments of assignment and transfer in proper form (or contracts to purchase Additional Securities and cash or an irrevocable letter of credit in an amount necessary to consummate the purchase of any Additional Securities pursuant to such contracts ("Additional Contract Securities")) or (ii) cash or a bank letter of credit in lieu of cash) (collectively, "Purchase Monies") with instructions to purchase Additional Securities, such Purchase Monies being in an amount equal to the value of the Additional Securities to be purchased pursuant to such instructions as determined by the last preceding evaluation made pursuant to Section 4.1 and (iii) Cash (as defined below). Each deposit made during the 90 days following the deposit made pursuant to Section 2.1 hereof shall replicate, to the extent practicable, as specified in the following paragraph (b), the Original Proportionate Relationship.