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Template:ISDA English Law Credit Support Deed 2018 11: Difference between revisions
Template:ISDA English Law Credit Support Deed 2018 11 (view source)
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:(iii) agrees, to the extent permitted by applicable law, that the bringing of {{imcsdprov|Proceedings}} in any one or more jurisdictions will not preclude the bringing of {{imcsdprov|Proceedings}} in any other jurisdiction. <br> | :(iii) agrees, to the extent permitted by applicable law, that the bringing of {{imcsdprov|Proceedings}} in any one or more jurisdictions will not preclude the bringing of {{imcsdprov|Proceedings}} in any other jurisdiction. <br> | ||
{{imcsdprov|10(h)}} '''{{imcsdprov|Service of Process}}'''. Each party irrevocably appoints the Process Agent, if any, specified opposite its name in Paragraph {{imcsdprov|13}} to receive, for it and on its behalf, service of process in any proceedings before the English courts in connection with this Deed. If for any reason any party’s Process Agent is unable to act as such, such party will promptly notify the other party and may within 30 days appoint a substitute process agent acceptable to the other party. The parties irrevocably consent to service of process given in the manner provided for notices in Section 12 of the Agreement, except as otherwise provided in Paragraph {{imcsdprov|13}}. Nothing in this Deed will affect the right of either party to serve process in any other manner permitted by applicable law. <br> | {{imcsdprov|10(h)}} '''{{imcsdprov|Service of Process}}'''. Each party irrevocably appoints the Process Agent, if any, specified opposite its name in Paragraph {{imcsdprov|13}} to receive, for it and on its behalf, service of process in any proceedings before the English courts in connection with this Deed. If for any reason any party’s Process Agent is unable to act as such, such party will promptly notify the other party and may within 30 days appoint a substitute process agent acceptable to the other party. The parties irrevocably consent to service of process given in the manner provided for notices in Section 12 of the Agreement, except as otherwise provided in Paragraph {{imcsdprov|13}}. Nothing in this Deed will affect the right of either party to serve process in any other manner permitted by applicable law. <br> | ||
{{imcsdprov|10(i)}} '''{{imcsdprov|Third Party Rights}}'''. A person who is not a party to this Deed shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce, or enjoy the benefit of, any term of this Deed. This does not affect any right or remedy of a third party which exists, or is available, apart from the Contracts (Rights of Third Parties) Act 1999. <br> | {{imcsdprov|10(i)}} '''{{imcsdprov|Third Party Rights}}'''. A person who is not a party to this {{imcsdprov|Deed}} shall not have any rights under the {{imcsdprov|Contracts (Rights of Third Parties) Act 1999}} to enforce, or enjoy the benefit of, any term of this {{imcsdprov|Deed}}. This does not affect any right or remedy of a third party which exists, or is available, apart from the [[Contracts (Rights of Third Parties) Act 1999]]. <br> | ||
{{imcsdprov|10(j)}} '''{{imcsdprov|(More) Interpretation}}'''. Unless otherwise specified in Paragraph {{imcsdprov|13}}, references in this Deed to a law, statute or statutory provision include (i) such law, statute or statutory provision as from time to time amended, modified, re-enacted or consolidated whether before or after the date of this Deed; and (ii) any subordinate legislation from time to time made, amended, modified, re-enacted or consolidated, whether before or after the date of this Deed under any such law, statute or statutory provision. Notwithstanding the foregoing, for the purposes of determining (i) if a Transaction is a {{imcsdprov|Covered Transaction (IM)}} and (ii) what version of any standardised initial margin schedule applies to a particular Transaction (if the parties have otherwise agreed to apply such standardised initial margin schedule to such Transaction), the relevant law, statute, statutory provision or subordinate legislation will be such law, statute, statutory provision or subordinate legislation as in effect on the date the relevant Transaction was entered into. <br> | {{imcsdprov|10(j)}} '''{{imcsdprov|(More) Interpretation}}'''. Unless otherwise specified in Paragraph {{imcsdprov|13}}, references in this Deed to a law, statute or statutory provision include (i) such law, statute or statutory provision as from time to time amended, modified, re-enacted or consolidated whether before or after the date of this Deed; and (ii) any subordinate legislation from time to time made, amended, modified, re-enacted or consolidated, whether before or after the date of this Deed under any such law, statute or statutory provision. Notwithstanding the foregoing, for the purposes of determining (i) if a Transaction is a {{imcsdprov|Covered Transaction (IM)}} and (ii) what version of any standardised initial margin schedule applies to a particular Transaction (if the parties have otherwise agreed to apply such standardised initial margin schedule to such Transaction), the relevant law, statute, statutory provision or subordinate legislation will be such law, statute, statutory provision or subordinate legislation as in effect on the date the relevant Transaction was entered into. <br> | ||