Template:ISDA English Law Credit Support Annex 1995 3(a): Difference between revisions

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{{csaprov|3(a)}} {{csaprov|Transfers}}. All transfers under this {{csaprov|Annex}} of any {{csaprov|Eligible Credit Support}}, Equivalent Credit <br>Support, {{csaprov|Interest Amount}} or {{csaprov|Equivalent Distributions}} shall be made in accordance with the instructions of <br>the {{csaprov|Transferee}} or {{csaprov|Transferor}}, as applicable, and shall be made: <br>
{{csaprov|3(a)}} '''{{csaprov|Transfers}}'''. All transfers under this {{csaprov|Annex}} of any {{csaprov|Eligible Credit Support}}, Equivalent Credit Support, {{csaprov|Interest Amount}} or {{csaprov|Equivalent Distributions}} shall be made [[in accordance with]] the instructions of the {{csaprov|Transferee}} or {{csaprov|Transferor}}, as [[applicable]], and shall be made:  
:(i) in the case of cash, by transfer into one or more bank accounts specified by the recipient;<br>
:{{csaprov|3(a)(i)}} in the case of cash, by transfer into one or more bank accounts specified by the recipient;
:(ii) in the case of certificated securities which cannot or which the parties have agreed will not <br>be delivered by book-entry, by delivery in appropriate physical form to the recipient or its account <br>accompanied by any duly executed instruments of transfer, transfer tax stamps and any other <br>documents necessary to constitute a legally valid transfer of the transferring party's legal and <br>beneficial title to the recipient; and<br>
:{{csaprov|3(a)(ii)}} in the case of certificated securities which cannot or which the parties have agreed will not be delivered by book-entry, by delivery in appropriate physical form to the recipient or its account accompanied by any duly executed instruments of transfer, transfer tax stamps and any other documents necessary to constitute a legally valid [[Title transfer|transfer of the transferring party's legal and beneficial title]] to the recipient; and
:(iii) in the case of securities which the parties have agreed will be delivered by book-entry, by <br>the giving of written instructions (including, for the avoidance of doubt, instructions given by telex, <br>facsimile transmission or electronic messaging system) to the relevant depository institution or <br>other entity specified by the recipient, together with a written copy of the instructions to the <br>recipient, sufficient, if complied with, to result in a legally effective transfer of the transferring <br>party's legal and beneficial title to the recipient. <br>
:{{csaprov|3(a)(iii)}} in the case of [[securities]] which the parties have agreed will be delivered by book-entry, by the giving of written instructions (including, [[for the avoidance of doubt]], instructions given by telex, facsimile transmission or [[electronic messaging system]]) to the relevant depository institution or other entity specified by the recipient, together with a written copy of the instructions to the recipient, sufficient, if complied with, to result in a legally effective transfer of the transferring party's [[legal and beneficial title]] to the recipient.  
Subject to Paragraph {{csaprov|4}} and unless otherwise specified, if a demand for the transfer of Eligible Credit <br>Support or <brEquivalent Credit Support> is received by the {{csaprov|Notification Time}}, then the relevant transfer will <br>be made not later than the close of business on the {{csaprov|Settlement Day}} relating to the date such demand is <br>received; if a demand is received after the {{csaprov|Notification Time}}, then the relevant transfer will be made not <br>later than the close of business on the {{csaprov|Settlement Day}} relating to the day after the date such demand is <br>received. <br>
Subject to Paragraph {{csaprov|4}} and unless otherwise specified, if a demand for the transfer of {{prov2|csa|Eligible Credit Support|Eligible Credit}} {{prov2|csa|Eligible Credit Support|Support}} or {{csaprov|Equivalent Credit Support}} is received by the {{csaprov|Notification Time}}, then the relevant transfer will be made not later than the close of business on the {{csaprov|Settlement Day}} relating to the date such demand is received; if a demand is received after the {{csaprov|Notification Time}}, then the relevant transfer will be made not later than the close of business on the {{csaprov|Settlement Day}} relating to the day after the date such demand is received. <br>

Latest revision as of 04:06, 28 December 2019

3(a) Transfers. All transfers under this Annex of any Eligible Credit Support, Equivalent Credit Support, Interest Amount or Equivalent Distributions shall be made in accordance with the instructions of the Transferee or Transferor, as applicable, and shall be made:

3(a)(i) in the case of cash, by transfer into one or more bank accounts specified by the recipient;
3(a)(ii) in the case of certificated securities which cannot or which the parties have agreed will not be delivered by book-entry, by delivery in appropriate physical form to the recipient or its account accompanied by any duly executed instruments of transfer, transfer tax stamps and any other documents necessary to constitute a legally valid transfer of the transferring party's legal and beneficial title to the recipient; and
3(a)(iii) in the case of securities which the parties have agreed will be delivered by book-entry, by the giving of written instructions (including, for the avoidance of doubt, instructions given by telex, facsimile transmission or electronic messaging system) to the relevant depository institution or other entity specified by the recipient, together with a written copy of the instructions to the recipient, sufficient, if complied with, to result in a legally effective transfer of the transferring party's legal and beneficial title to the recipient.

Subject to Paragraph 4 and unless otherwise specified, if a demand for the transfer of Eligible Credit Support or Equivalent Credit Support is received by the Notification Time, then the relevant transfer will be made not later than the close of business on the Settlement Day relating to the date such demand is received; if a demand is received after the Notification Time, then the relevant transfer will be made not later than the close of business on the Settlement Day relating to the day after the date such demand is received.