Template:ISDA Master Agreement 1992 12: Difference between revisions

From The Jolly Contrarian
Jump to navigation Jump to search
Created page with "{{isdaprov|12}}.''' {{isdaprov|Notices}}'''<br /> {{isdaprov|12(a)}} '''Effectiveness'''. Any notice or other communication in respect of this {{isdaprov|Agreement}} may be g..."
 
No edit summary
 
(4 intermediate revisions by the same user not shown)
Line 1: Line 1:
{{isdaprov|12}}.''' {{isdaprov|Notices}}'''<br />
{{isda92prov|12}}.''' {{isda92prov|Notices}}''' <br>
 
{{isda92prov|12(a)}} '''{{isda92prov|Effectiveness}}'''. Any notice or other communication in respect of this {{isda92prov|Agreement}} may be given in any manner set forth below (except that a notice or other communication under Section {{isda92prov|5}} or {{isda92prov|6}} may not be given by [[facsimile]] transmission or [[electronic messaging system]]) to the address or number or in accordance with the [[electronic messaging system]] details provided (see the {{isda92prov|Schedule}}) and will be deemed effective as indicated:— <br>
{{isdaprov|12(a)}} '''Effectiveness'''. Any notice or other communication in respect of this {{isdaprov|Agreement}} may be given in any <br />manner set forth below (except that a notice or other communication under Section {{isdaprov|5}} or {{isdaprov|6}} may not be given <br />by facsimile transmission or electronic messaging system) to the address or number or in accordance with <br />the electronic messaging system details provided (see the {{isdaprov|Schedule}}) and will be deemed effective as <br />indicated:—
:(i) if in writing and delivered in person or by courier, on the date it is delivered;<br>
:(i) if in writing and delivered in person or by courier, on the date it is delivered;
:(ii) if sent by [[telex]], on the date the recipient’s answerback is received;<br>
:(ii) if sent by telex, on the date the recipient’s answerback is received;
:(iii) if sent by [[facsimile]] transmission, on the date that transmission is received by a responsible employee of the recipient in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender’s [[facsimile]] machine);<br>
:(iii) if sent by facsimile transmission, on the date that transmission is received by a responsible<br />employee of the recipient in legible form (it being agreed that the burden of proving receipt will be <br />on the sender and will not be met by a transmission report generated by the sender’s facsimile <br />machine);
:(iv) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), on the date that mail is delivered or its delivery is attempted; or
:(iv) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt <br />requested), on the date that mail is delivered or its delivery is attempted; or
:(v) if sent by [[electronic messaging system]], on the date that electronic message is received, <br>
:(v) if sent by [[electronic messaging system]], on the date that electronic message is received, <br />
unless the date of that delivery (or attempted delivery) or that receipt, as [[applicable]], is not a {{isda92prov|Local Business Day}} or that communication is delivered (or attempted) or received, as applicable, after the close of business on a {{isda92prov|Local Business Day}}, in which case that communication shall be deemed given and effective on the first following day that is a {{isda92prov|Local Business Day}}. <br>
 
{{isda92prov|12(b)}} '''{{isda92prov|Change of Addresses}}'''. Either party may by notice to the other change the address, [[telex]] or [[facsimile]] number or [[electronic messaging system]] details at which notices or other communications are to be given to it. <br>
unless the date of that delivery (or attempted delivery) or that receipt, as applicable, is not a {{isdaprov|Local Business Day}} <br />
or that communication is delivered (or attempted) or received, as applicable, after the close of business <br />on a {{isdaprov|Local Business Day}}, in which case that communication shall be deemed given and effective on the first <br />following day that is a {{isdaprov|Local Business Day}}.
{{isdaprov|12(b)}} '''Change of Addresses'''. Either party may by notice to the other change the address, telex or facsimile <br />number or electronic messaging system details at which notices or other communications are to be given to <br />it. <br />

Latest revision as of 15:41, 19 March 2020

12. Notices
12(a) Effectiveness. Any notice or other communication in respect of this Agreement may be given in any manner set forth below (except that a notice or other communication under Section 5 or 6 may not be given by facsimile transmission or electronic messaging system) to the address or number or in accordance with the electronic messaging system details provided (see the Schedule) and will be deemed effective as indicated:—

(i) if in writing and delivered in person or by courier, on the date it is delivered;
(ii) if sent by telex, on the date the recipient’s answerback is received;
(iii) if sent by facsimile transmission, on the date that transmission is received by a responsible employee of the recipient in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender’s facsimile machine);
(iv) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), on the date that mail is delivered or its delivery is attempted; or
(v) if sent by electronic messaging system, on the date that electronic message is received,

unless the date of that delivery (or attempted delivery) or that receipt, as applicable, is not a Local Business Day or that communication is delivered (or attempted) or received, as applicable, after the close of business on a Local Business Day, in which case that communication shall be deemed given and effective on the first following day that is a Local Business Day.
12(b) Change of Addresses. Either party may by notice to the other change the address, telex or facsimile number or electronic messaging system details at which notices or other communications are to be given to it.