Use of Margin Sample Clauses

Use of Margin. Customer acknowledges and agrees that: i. AM UK, AM AS or their Affiliates or the Broker may use any margin in the form of securities for their own accounts or the accounts of any of their other Customers for the purposes of settling trades, in which event AM UK, AM AS and its Affiliates shall not be liable for any loss or expense whatsoever that is suffered or incurred by Customer arising out of such use; ii. AM UK may return to Customer (through AM AS) margin in the form of securities which are equivalent, but not identical to, the securities Customer originally deposited with AM AS; and iii. Margin in the form of securities may be registered in the name of AM AS, an AM AS Affiliate, or such other person as AM AS may determine. Any investments or documents of title will be held by AM AS or any third party as AM AS shall determine in relation to margin in the form of physical securities. AM AS, AM UK and their Affiliates shall not be liable for any default by any other person holding such margin.
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Use of Margin. ‌ Counterparty hereby pledges to Basis, as security for its obligations hereunder and under all Transactions, and grants to Basis a first priority continuing security interest in, lien on and right of set‐off against all Margin transferred to or received by Basis hereunder. Upon the return by Basis to Counterparty of any Margin, the security interest and lien granted hereunder on that ▇▇▇▇▇▇ will be released immediately, without any further action by either party. Basis shall be entitled to hold Variation Margin and Initial Margin, itself or to appoint an agent (a “Custodian”) to hold Margin on its behalf. Upon notice by Basis to Counterparty of the appointment of a Custodian, Counterparty’s obligations to make any transfer of Initial Margin will be discharged by making the transfer to that Custodian. The holding of Margin by a Custodian will be deemed to be the holding of that Margin by Basis. Basis shall be entitled to pledge, re-hypothecate, invest, use, and commingle Margin deposited by Counterparty, free from any claim or right of any nature whatsoever. Upon the occurrence of an Event of Default with respect to Counterparty, Basis may exercise all rights as a secured party under Law or in contract, including the right to immediately apply Margin deposited by Counterparty against any amounts owed to Basis by Counterparty hereunder or under any other agreement. Following the termination of a Transaction, Basis shall return to Counterparty any Margin deposited by Counterparty with respect to such Transaction, net of any amounts owed by Counterparty with respect to such Transaction at the Counterparties request. Counterparty shall not be entitled to interest on any Margin deposited with Basis.
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Use of Margin. We may allow a third party (e.g. a market, intermediate broker, OTC counterparty or clearing house) to hold or control client money in order to effect one or more Transactions through or with that person or to satisfy a client’s obligation to provide collateral in respect of a Transaction. We will return excess Margin to you from time to time.
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Use of Margin. In light of your classification as a Professional Client, you agree that we will treat all Margin payments made by you to us (including ▇▇▇▇▇▇ transferred from sums previously held by us on deposit for you) as having been transferred to us for the purpose of securing or covering your present, future, actual, contingent or prospective obligations.
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Use of Margin. In light of your classification as a Professional Client or Eligible Counterparty, you agree that we will treat all margin payments made by you to us (including margin transferred from sums previously held by us on deposit for you) as having been transferred to us for the purpose of securing or covering your present, future, actual, contingent or prospective obligations. Accordingly, where you pay margin money to us, we will thereby acquire full ownership of it and we will not hold such money in accordance with the Client Money Rules. You will not have any interest in or proprietary claim over money transferred to us pursuant to this clause and we can deal with it as our own. In the event of our insolvency you will have no rights or claim in relation to this money. We will transfer an equivalent amount of money back to you where, in our reasonable discretion, we consider that it is no longer necessary for us to retain the money you have paid to us. In determining the amount of money you will be required to pay to us pursuant to this clause and whether it is necessary to retain such money, we may apply such a methodology (including your trading history, judgements as to the future movement of markets and value) as we consider appropriate, consistent with this Agreement and applicable law and regulations.
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Use of Margin. You acknowledge and agree that: (i) IBLLC or its Affiliates may use any margin in the form of securities for their own accounts or the accounts of any of their other clients for the purposes of settling trades, in which event IBUK, IBLLC and their Affiliates shall not be liable for any loss or expense whatsoever that is suffered or incurred by you arising out of such use; (ii) IBLLC may return to you margin in the form of securities which are equivalent, but not identical to, the securities you originally deposited with IBLLC; and (iii) Margin in the form of securities may be registered in the name of IBLLC, an Affiliate, or such other person as IBLLC may determine. Any investments or documents of title will be held by IBLLC or any third party as IBLLC shall determine in relation to margin in the form of securities. Neither IBLLC nor their Affiliates shall not be liable for any default by any other person holding such margin.
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Use of Margin. Customer acknowledges and agrees that:
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Related to Use of Margin

  • Applicable Margins The ABR Applicable Margin and the LIBOR Applicable Margin to be used in calculating the interest rate applicable to different Types of Advances shall vary from time to time in accordance with the long-term unsecured debt ratings from ▇▇▇▇▇’▇, and Fitch of the General Partner and the Borrower. In the event the General Partner and the Borrower have different ratings, the rating of the higher rated entity shall be used. In the event the rating agencies are split on the rating for the higher rated entity, the lower rating for such entity shall be deemed to be the applicable rating (e.g., if the higher rated entity’s ▇▇▇▇▇’▇ debt rating is Baa1, and its Fitch’s rating is BBB, then the Applicable Margins shall be computed based on the Fitch rating), and the Applicable Margins shall be adjusted effective on the next Business Day following any change in the higher rated entity’s ▇▇▇▇▇’▇ debt rating, and/or Fitch’s debt rating, as the case may be. The applicable debt ratings and the Applicable Margins are set forth in the table attached as Exhibit A. In the event that Fitch or ▇▇▇▇▇’▇ shall discontinue their ratings of the REIT industry, the General Partner or the Borrower, a mutually agreeable substitute rating agency (or two mutually agreeable substitute agencies if both existing rating agencies discontinue such ratings) shall be selected by the Required Lenders and the Borrower. If the Required Lenders and the Borrower cannot agree on a substitute rating agency or substitute rating agencies within thirty (30) days after such discontinuance, or if Fitch and ▇▇▇▇▇’▇ shall discontinue their ratings of the REIT industry, the Borrower, or the General Partner, the Applicable Margin to be used for the calculation of interest on Advances hereunder shall be the highest Applicable Margin for each Type. If a rating agency downgrade or discontinuance results in an increase in the ABR Applicable Margin, the LIBOR Applicable Margin, or Facility Fee Rate and if such downgrade or discontinuance is reversed and the affected Applicable Margin is restored within ninety (90) days thereafter, at the Borrower’s request, the Borrower shall receive a credit against interest next due the Lenders equal to interest accrued from time to time during such period of downgrade or discontinuance and actually paid by the Borrower on the Advances at the differential between such Applicable Margins, and the differential of the Facility Fee paid during such period of downgrade. If a rating agency upgrade results in a decrease in the ABR Applicable Margin, LIBOR Applicable Margin or Facility Fee Rate and if such upgrade is reversed and the affected Applicable Margin is restored within ninety (90) days thereafter, Borrower shall be required to pay an amount to the Lenders equal to the interest differential on the Advances and the differential on the Facility Fees during such period of upgrade.

  • Borrower Information Used to Determine Applicable Interest Rates The parties understand that the applicable interest rate for the Obligations and certain fees set forth herein may be determined and/or adjusted from time to time based upon certain financial ratios and/or other information to be provided or certified to the Lenders by the Borrower (the “Borrower Information”). If it is subsequently determined that any such Borrower Information was incorrect (for whatever reason, including without limitation because of a subsequent restatement of earnings by the Borrower) at the time it was delivered to the Administrative Agent, and if the applicable interest rate or fees calculated for any period were lower than they should have been had the correct information been timely provided, then, such interest rate and such fees for such period shall be automatically recalculated using correct Borrower Information. The Administrative Agent shall promptly notify the Borrower in writing of any additional interest and fees due because of such recalculation, and the Borrower shall pay such additional interest or fees due to the Administrative Agent, for the account of each Lender, within five (5) Business Days of receipt of such written notice. Any recalculation of interest or fees required by this provision shall survive the termination of this Agreement, and this provision shall not in any way limit any of the Administrative Agent’s, the Issuing Bank’s, or any Lender’s other rights under this Agreement.

  • Specific Definitions The following terms used in this Agreement shall have the following meanings:

  • Use of Proceeds; Margin Regulations The Company will apply the proceeds of the sale of the Bonds to repay existing indebtedness and for general corporate purposes and in compliance with all laws referenced in Section 5.16. No part of the proceeds from the sale of the Bonds hereunder will be used, directly or indirectly, for the purpose of buying or carrying any margin stock within the meaning of Regulation U of the Board of Governors of the Federal Reserve System (12 CFR 221), or for the purpose of buying or carrying or trading in any securities under such circumstances as to involve the Company in a violation of Regulation X of said Board (12 CFR 224) or to involve any broker or dealer in a violation of Regulation T of said Board (12 CFR 220). Margin stock does not constitute more than 2% of the value of the consolidated assets of the Company and its Subsidiaries and the Company does not have any present intention that margin stock will constitute more than 2% of the value of such assets. As used in this Section, the terms “margin stock” and “purpose of buying or carrying” shall have the meanings assigned to them in said Regulation U.

  • Grant Regulations; Definitions Section 1.01. All provisions of the Special Operations Grant Regulations of ADB, dated 7 February 2005 (the “Grant Regulations”), are hereby made applicable to this Grant Agreement with the same force and effect as if they were fully set forth herein. Section 1.02. The definitions set forth in the Grant Regulations are applicable to this Grant Agreement unless the context requires otherwise. In addition, the following terms have the following meanings: