Template:ISDA English Law Credit Support Annex 2016 9(a): Difference between revisions

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{{csaprov|9(a)}} '''{{csaprov|Default Interest}}'''. Other than in the case of an amount which is the subject of a dispute under Paragraph {{csaprov|4}}, if a {{csaprov|Transferee}} fails to make, when due, any transfer of {{csaprov|Equivalent Credit Support (VM)}} or {{csaprov|Equivalent Distributions}}, it will be obliged to pay the {{csaprov|Transferor}} ([[to the extent permitted under applicable law]]) an amount equal to interest at the {{csaprov|Default Rate}} multiplied by the {{csaprov|Value}} on the relevant {{csaprov|Valuation Date}} of the items of property that were required to be transferred, from (and including) the date that the {{csaprov|Equivalent Credit Support (VM)}} or {{csaprov|Equivalent Distributions}} were required to be transferred to (but excluding) the date of transfer of the {{csaprov|Equivalent Credit Support (VM)}} or {{csaprov|Equivalent Distributions}}. This interest will be calculated on the basis of daily compounding and the actual number of days elapsed. Other than in the case of an amount which is the subject of a dispute under Paragraph {{csaprov|4}}, if an {{csaprov|Interest Payer (VM)}} fails to make, when due, any transfer of an {{csaprov|Interest Payment (VM)}}, it will be obliged to pay the {{csaprov|Interest Payee (VM)}} (to the extent permitted under applicable law) an amount equal to interest at the {{csaprov|Default Rate}} (and for such purposes, if the {{csaprov|Default Rate}} is less than zero, it will be deemed to be zero) multiplied by that {{csaprov|Interest Payment (VM)}}, from (and including) the date that {{csaprov|Interest Payment (VM)}} was required to be transferred to (but excluding) the date of transfer of that {{csaprov|Interest Payment (VM)}}. This interest will be calculated on the [[Day count fraction|basis]] of daily compounding and the actual number of days elapsed. <br>
{{vmcsaprov|9(a)}} '''{{vmcsaprov|Default Interest}}'''. Other than in the case of an amount which is the subject of a dispute under Paragraph {{vmcsaprov|4}}, if a {{vmcsaprov|Transferee}} fails to make, when due, any transfer of {{vmcsaprov|Equivalent Credit Support (VM)}} or {{vmcsaprov|Equivalent Distributions}}, it will be obliged to pay the {{vmcsaprov|Transferor}} ([[to the extent permitted under applicable law]]) an amount equal to interest at the {{isdaprov|Default Rate}} multiplied by the {{vmcsaprov|Value}} on the relevant {{vmcsaprov|Valuation Date}} of the items of property that were required to be transferred, from (and including) the date that the {{vmcsaprov|Equivalent Credit Support (VM)}} or {{vmcsaprov|Equivalent Distributions}} were required to be transferred to (but excluding) the date of transfer of the {{vmcsaprov|Equivalent Credit Support (VM)}} or {{vmcsaprov|Equivalent Distributions}}. This interest will be calculated on the basis of daily compounding and the actual number of days elapsed. Other than in the case of an amount which is the subject of a dispute under Paragraph {{vmcsaprov|4}}, if an {{vmcsaprov|Interest Payer (VM)}} fails to make, when due, any transfer of an {{vmcsaprov|Interest Payment (VM)}}, it will be obliged to pay the {{vmcsaprov|Interest Payee (VM)}} (to the extent permitted under applicable law) an amount equal to interest at the {{isdaprov|Default Rate}} (and for such purposes, if the {{isdaprov|Default Rate}} is less than zero, it will be deemed to be zero) multiplied by that {{vmcsaprov|Interest Payment (VM)}}, from (and including) the date that {{vmcsaprov|Interest Payment (VM)}} was required to be transferred to (but excluding) the date of transfer of that {{vmcsaprov|Interest Payment (VM)}}. This interest will be calculated on the [[Day count fraction|basis]] of daily compounding and the actual number of days elapsed. <br>

Latest revision as of 17:38, 6 January 2020

9(a) Default Interest. Other than in the case of an amount which is the subject of a dispute under Paragraph 4, if a Transferee fails to make, when due, any transfer of Equivalent Credit Support (VM) or Equivalent Distributions, it will be obliged to pay the Transferor (to the extent permitted under applicable law) an amount equal to interest at the Default Rate multiplied by the Value on the relevant Valuation Date of the items of property that were required to be transferred, from (and including) the date that the Equivalent Credit Support (VM) or Equivalent Distributions were required to be transferred to (but excluding) the date of transfer of the Equivalent Credit Support (VM) or Equivalent Distributions. This interest will be calculated on the basis of daily compounding and the actual number of days elapsed. Other than in the case of an amount which is the subject of a dispute under Paragraph 4, if an Interest Payer (VM) fails to make, when due, any transfer of an Interest Payment (VM), it will be obliged to pay the Interest Payee (VM) (to the extent permitted under applicable law) an amount equal to interest at the Default Rate (and for such purposes, if the Default Rate is less than zero, it will be deemed to be zero) multiplied by that Interest Payment (VM), from (and including) the date that Interest Payment (VM) was required to be transferred to (but excluding) the date of transfer of that Interest Payment (VM). This interest will be calculated on the basis of daily compounding and the actual number of days elapsed.