Voorbeelden van het gebruik van Collateral taker in het Engels en hun vertalingen in het Nederlands
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The collateral provider and the collateral taker must each be.
The collateral taker and the collateral provider must each belong to one of the following categories.
reorganisation measures in respect of the collateral provider or the collateral taker;
Obligations owed to the collateral taker by a person other than the collateral provider; or.
This Directive lays down a Community regime in relation to financial collateral arrangements between a collateral provider and a collateral taker.
Thus, a collateral taker who exercises his right of use cannot return equivalent collateral to the collateral provider at the end of the transaction.
reorganisation measures in respect of the collateral provider and/or the collateral taker; and/or.
Collateral taker” means the party receiving financial collateral under a financial collateral arrangement,
In other Member States, the collateral provider can enable the collateral taker to re-use the pledged assets as if the collateral taker were the owner of these assets.
The Directive also addresses the issue of conflicts of law in relation to such provision of collateral in cases where the rights of the collateral taker are recorded on a register, account or a CSD.
Appropriation essentially means that the collateral taker may- under certain conditions- in an enforcement event keep the assets as its own property instead of selling them.
Accordingly, a Community liquidator, when winding-up a counterparty from a Member State, should not distinguish between situations where the collateral taker is from another Member State
The text of the Common Position clarifies that the collateral taker only has a right of use on pledged collateral,
i.e. transfer of possession or control to the collateral taker or a person acting on its behalf.
specified the terms and conditions under which the collateral taker may realise the financial collateral on the occurrence of an“enforcement event” see above on‘appropriation.
the person- who may also be the collateral provider or the collateral taker- who maintains the relevant account;
which is the case with securitisation, the collateral taker is able to assess their creditworthiness on an individual basis before deciding whether or not to accept them.
also the possibility to collect the proceeds thereof until further notice that shall not prejudice the collateral being provided to the collateral taker.
it must provide for those securities to be delivered to the collateral taker or to another person acting as agent or custodian on behalf of the collateral taker;
the Commission's initial Proposal already allowed the collateral taker to sell the collateral consisting of financial instruments.
including by electronic means, to the collateral taker is sufficient to prove the mobilisation
Article 5(2) clarifies that the collateral taker, if agreed with the collateral provider, can set-off the
to withdraw excess financial collateral in favour of the collateral provider shall not prejudice the financial collateral having been provided to the collateral taker as mentioned in this Directive.
Nevertheless, the Common Position incorporates a new paragraph 2 in Article 8 which is meant to protect collateral takers, who have received collateral after the opening of insolvency proceedings,
The collateral taker is therefore allowed to realise the collateral without being subject to any requirement referred to in Article 5(1),
eligibility criteria for accepting credit claims as collateral, which would make it difficult for a non-central bank collateral taker to determine efficiently whether the credit claim it intends to collateralise is in fact eligible.
The collateral provider is entitled, before the repurchase date, to require the collateral taker to transfer to it full ownership of financial instruments equivalent to some or all of those sold in exchange for the transfer to the collateral taker of full ownership of other financial instruments by way of substitution;
includes collateral arrangements if the collateral taker can use the security for settling the short sale transaction.
If the collateral taker has a valid and effective collateral arrangement
the inclusion in a list of claims submitted to the collateral taker must suffice,