Res 1996-214 - Laserfiche WebLink

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t'i?¡Ù Pricing rate of Repurchase Price applicable to the transaction, and (v) any additional terms or conditions of the transaction not inconsistent with this agreement. The conformation, together with this agreement, shall constitute conclusive evidence of the terms agreed between Buyer and Seller with respect to u the transaction to which the conformation relates, unless with respect Conformation specific objection is made promptly after receipt thereof. In an event of any conflict between the terms of any such conformation- and this agreement, this agreement shall prevail. 0 In the case of Transactions terminable upon demand, such demand shall be made by Buyer or Seller, no later than such time as is customary in accordance with market practice, by telephone or otherwise on or prior to the business day on I which such termination will be effective. On the date specified in such demand, or on the date fixed for termination in the case of Transactions having a fixed term, termination of the transaction will be effected by transfer to Seller or its agent of the purchased securities and any income in respect thereof received by Buyer (and not previously credited or transferred to, or applied to the obligations of, Seller pursuant to paragraph 5 hereof) against the transfer of the repurchase price to an account of Buyer. 4. Marain Maintenance (a) If at any' time the aggregate Market Value of all purchased securities subject to all transactions in which a particular party hereto is acting as Buyer -- is less than the aggregate Buyer's Margin Amount for all such Transactions, at Sellers options, to transfer to Buyer's Cash or additional securities reasonably acceptable to Buyer, so that the cash and aggregate Market Value of the purchased securities, including any such additional purchased securities, will thereupon equal or exceed such aggregate Buyer's Margin Amount (decreased by the amount of any margin deficit as of such date arising from any Transactions in which such Buyer is acting as Seller). .. (b) If at any time the aggregate Market Value of all purcnased securities subject to all transactions in which a particular party hereto is acting as Seller exceeds the aggregate Seller's Margin Amount for all such transactions, at Buyers options, to transfer cash or purchase securities to Seller, so that the aggregate market value of the purchased securities, after deduction of any such cash or any purchased securities so transferred will thereupon not exceed such aggregate Seller's Margin Amount (increased by the amount of any Margin excess as of such date arising from any transactions in which such Seller is acting as Buyer). 0 Any cash transferred pursuant to this paragraph shall be attributed to such transactions as shall be agreed upon by Buyer and Seller. (d) Seller and Buyer may agree, with respect to any or all transactions hereunder, that the respective rights of Buyer or Seller (or both) under sub- paragraphs (a) and (b) of this paragraph to require the elimination of a Margin Deficit or Deficit or Margin Excess, as the case may be, may be exercised whenever such a Margin Deficit or Margin Excess exists with respect to any single Transaction hereunder (calculated without regard to any other transaction outstanding under this agreement). 5. Income Payments Where a particular transactions term extends over an income payment date on the Securities subject to that Transaction, Buyer shall, as the parties'may agree with respect to such Transaction (or, in the absence of any agreement, as Buyer shall reasonably determine in it's discretion), on the date such income is payable either (I) transfer to or credit to the account of Seller an amount equal to such income payment or payments to respect to any Purchased Securities subject to such Transactions or (ii) apply the income payment or payments to reduce the amount of be transferred to Buyer by Seller upon termination of the transaction. Buyer shall not be obligated to take any action pursuant to the proceeding 13