SUPPLEMENT TO
LOAN/SERV USER AGREEMENT – MULTIFUND/ENTITY
The undersigned has executed a User Agreement (the “User Agreement”) providing for its participation in the Loan/SERV syndicated loan processing system (the “System”) operated by DTCC Loan/SERV LLC (the “Company”). By executing that User Agreement, the undersigned and the Company both agreed to be bound by the Loan/SERV Operating Procedures (the “Operating Procedures”) and the Applicable Publications (as defined in the Operating Procedures), as each may be amended, supplemented or modified from time to time, beginning as of the Effective Date of the User Agreement.
The undersigned intends to access the System through computer-to-computer links established by ______(the “Service Provider”), or otherwise as described herein. The Service Provider’s access on behalf of the User will be limited as indicated on the Service Provider Authorization Elections Form attached hereto, as amended from time to time by the User and valid upon acceptance by Loan/SERV. In addition, the undersigned or its agents, including the Service Provider, may access the System’s web front end by means of digital certificate(s) and password(s), or other secure identifiers, assigned to the Service Provider or its affiliates. The undersigned acknowledges that Service Provider’s computer-to-computer links, as well as the digital certificates, or other secure identifiers, assigned to it, may be used to provide access to the System to other Users (as defined in the Operating Procedures), who may not be affiliated with the undersigned.
In light of the foregoing, the undersigned specifically agrees to the following non-repudiation clause:
Regardless of any provisions to the contrary in Section 2 of the Operating Procedures, the undersigned agrees that for all purposes under the Operating Procedures, Records (as defined in the Operating Procedures) that are submitted to the System as provided in the Operating Procedures and that indicate the undersigned as the submitting party shall be conclusively presumed to have been duly authorized by the undersigned whenever such records are determined to have been submitted through computer-to-computer links established with the Service Provider, or through access of the web front end by means of the digital certificate(s) and password(s), or other secure identifiers, assigned to the Service Provider. All other Users of the System shall be third party beneficiaries to this non-repudiation clause. The Company shall have no liability for any failure of the Service Provider to submit correct Records to the System, or otherwise to properly use the System, either through computer-to-computer links or the web front end.
It is understood and agreed that this document shall constitute a separate agreement between the Company and each fund/entity that is listed in the attached Appendix A as amended from time to time (“Appendix A”), as if each such fund/entity has executed a separate document naming only itself as the undersigned, and that no fund/entity that is listed in Appendix A shall have any liability under this document for the obligations of any other fund/entity that is listed in Appendix A solely by reason of being listed in Appendix A.
This Supplement shall be considered a part of the User Agreement.
Each fund/entity that is listed in Appendix A (each such fund/entity individually, the “undersigned”)
By: ______,
[print name of company signing on behalf of entity/fund, example: name of Investment Company]
as ______,
[insert authorized role/capacity of company above, example: Investment or Asset Manager]
with an address at
______
[insert address]
By: ______
[signature]
[name]
[title]
DTCC Loan/SERV LLC
By:______
[name]
[title]
Date: ______
Appendix A
Complete the applicable provision below:
This Supplement applies to all funds/entities listed on Annex I, as amended from time to time, of the User Agreement referred to in this Supplement above.
This Supplement applies only to the funds/entities listed below. This Appendix A must be amended if the Service Provider’s access authorized by this Supplement is rescinded or changed by the User and if access is authorized by additional funds/entities (for example funds added to Annex I of the User Agreement).
Funds/Entities Included in Supplemental Agreement and Service Election Form
Fund/Entity Legal Name Account Number
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
(Add additional lines as necessary)
SUPPLEMENT TO
LOAN/SERV USER AGREEMENT – MULTIFUND/ENTITY
2 of 4
2011-1
Service Provider Authorization Elections Form· This section is to help you indicate which service(s) you are authorizing the Service Provider for, and how the Service Provider will access the Loan/SERV systems on your firm’s behalf. For each product, specify if you are authorizing access for Production, Test or both.
· You may choose to authorize the Service Provider to have “Read Only” access to your data. Under this option, the Service Provider will not be able to submit Transaction Records on your behalf.
· For additional information, please contact your Account Manager.
Service / Product / Service Authorized / Production and/or Test
Loan Position Reconcilement Service /
Syndicated Loan Transactions
/ Submit Transaction Records
Enable Read Only Web Access / Production Test
Production Test
Firm Name: ______.
SUPPLEMENT TO
LOAN/SERV USER AGREEMENT – MULTIFUND/ENTITY
2 of 4
2011-1