Whole Section

  • 5.4 Trust Arrangements

    • 5.4.1

      Money deposited with or held by CDP for a Settlement Participant (as reflected in the Settlement Participant's Cash Ledger Account) will be held on trust by CDP, as bare trustee, for the benefit of that Settlement Participant.

      Added on 10 December 201810 December 2018.

    • 5.4.2

      CDP shall have the right to commingle any money held on trust for a Settlement Participant with money held on trust for other Settlement Participants in the same bank or custodian account.

      Added on 10 December 201810 December 2018.

    • 5.4.3

      CDP shall not have any obligation or responsibility to preserve or protect, and under no circumstances shall CDP be liable for any loss or diminution in value or depreciation in or in connection with, the money deposited with or held by it on trust for a Settlement Participant.

      Added on 10 December 201810 December 2018.

    • 5.4.4

      If any money held on trust for a Settlement Participant is lost or becomes unavailable to CDP, CDP shall have the right to immediately give a zero value to such money. If, as a result, the Settlement Participant's obligation to make payment under Settlement Instructions cannot be fully met as determined by CDP, the Settlement Participant shall deposit such additional money with CDP as may be required to meet such obligation within such time as CDP may require.

      Added on 10 December 201810 December 2018.

    • 5.4.5

      CDP shall have no obligation to make payment of any fees, interests or investment earnings arising from or in connection with any money held on trust for Settlement Participants.

      Added on 10 December 201810 December 2018.

    • 5.4.6

      CDP shall have the right to commingle any money held on trust for Settlement Participants with its own money in the same bank or custodian account, and shall, notwithstanding such commingling, be entitled to a beneficial ownership over and up to the amount of its own money extended to such bank or custodian account and any interest earned and return arising from such money. CDP shall retain the right to use such money (including any interest and returns) for any purpose, including for settlement and to pay bank or custodian fees, so long as any withdrawal does not exceed CDP's entitlement. CDP's records shall be conclusive and binding on Settlement Participants as to the sum of its own money extended to any bank or custodian account and any interest earned and return arising from such money.

      Added on 10 December 201810 December 2018.