Template:Nutshell GMRA BSA 2: Difference between revisions

From The Jolly Contrarian
Jump to navigation Jump to search
Created page with "{{subst:GMRA 2000 BSA 2}}"
 
No edit summary
 
(3 intermediate revisions by the same user not shown)
Line 1: Line 1:
{{gmraprov|BSA 2}} '''{{gmraprov|Interpretation}}''' <br>
{{gmraprov|BSA 2}} '''{{gmraprov|Interpretation}}''' <br>
(a) In this Annex -
(a) '''Definitions''': In this Annex:
:(i) “'''{{gmraprov|Accrued Interest}}'''”, with respect to any {{gmraprov|Purchased Securities}} subject to a {{gmraprov|Buy/Sell Back Transaction}}, unpaid {{gmraprov|Income}} that has accrued during the period from (and including) the issue date or the last {{gmraprov|Income Payment Date}} (whichever is the later) in respect of such {{gmraprov|Purchased Securities}} to (but excluding) the date of calculation. For these purposes unpaid {{gmraprov|Income}} shall be [[deemed]] to accrue on a daily basis from (and including) the issue date or the last {{gmraprov|Income Payment Date}} ([[as the case may be]]) to (but excluding) the next {{gmraprov|Income Payment Date}} or the maturity date (whichever is the earlier); <br>
:(i) “'''{{gmraprov|Accrued Interest}}'''” means for any {{gmraprov|Purchased Securities}} under a {{gmraprov|Buy/Sell Back Transaction}}, unpaid {{gmraprov|Income}} accruing from the last {{gmraprov|Income Payment Date}} for the {{gmraprov|Purchased Securities}} to the calculation date. Unpaid {{gmraprov|Income}} will accrue daily during each interest period; <br>
:(ii) “'''{{gmraprov|Sell Back Differential}}'''”, with respect to any {{gmraprov|Buy/Sell Back Transaction}} as of any date, the aggregate amount obtained by daily application of the {{gmraprov|Pricing Rate}} for such {{gmraprov|Buy/Sell Back Transaction}} (on a 360 day basis or 365 day basis in accordance with the applicable ISMA convention, unless otherwise agreed between the parties for the Transaction) to the sum of (a) the Purchase Price and (b) Accrued Interest paid on the Purchase Date for such Transaction for the actual number of days during the period commencing on (and including) the Purchase Date for such Buy/Sell Back Transaction and ending on (but excluding) the date of calculation; <br>
:(ii) “'''{{gmraprov|Sell Back Differential}}'''” means the aggregate amount obtained by daily applying {{gmraprov|Pricing Rate}} on a {{gmraprov|Buy/Sell Back Transaction}} using the appropriate ISMA [[day count convention]], to the sum of (a) the {{gmraprov|Purchase Price}} and (b) {{gmraprov|Accrued Interest}} paid on the {{gmraprov|Purchase Date}} for such {{gmraprov|Transaction}} for the actual number of days between the {{gmraprov|Purchase Date}} and the calculation date; <br>
:(iii) “'''{{gmraprov|Sell Back Price}}'''”, with respect to any {{gmraprov|Buy/Sell Back Transaction}}, means -
:(iii) “'''{{gmraprov|Sell Back Price}}'''” means, for any {{gmraprov|Buy/Sell Back Transaction}}:
::(x) in relation to the date originally specified by the parties as the {{gmraprov|Repurchase Date}} pursuant to paragraph 3(b)(iii) of the Agreement, the price agreed by the Parties in relation to that {{gmraprov|Buy/Sell Back Transaction}}, and  
::(x) for the originally agreed {{gmraprov|Repurchase Date}} under paragraph {{gmraprov|3(b)(iii)}}, the agreed price agreed for that {{gmraprov|Buy/Sell Back Transaction}}, and  
::(y) in any other case (including for the purposes of the application of paragraph 4 (margin maintenance) or paragraph 10 ({{gmraprov|Events of Default}}) of the {{gmraprov|Agreement}}), the product of the formula  
::(y) in any other case the product of the formula ''(P + Al +D) - (IR + C)'', where:
::''(P + Al +D) - (IR + C)'', where -
:::P = {{gmraprov|Purchase Price}}.
:::P = the Purchase Price
:::Al = {{gmraprov|Accrued Interest}} at the {{gmraprov|Purchase Date}}, paid under paragraph {{gmraprov|BSA 3(f)}}.
:::Al = the amount, equal to Accrued Interest at the {{gmraprov|Purchase Date}}, paid under paragraph 3(f) of this Annex
:::D = {{gmraprov|Sell Back Differential}}.
:::D = the Sell Back Differential  
:::IR = Any income payable under the {{gmraprov|Purchased Securities}} on any date between the {{gmraprov|Purchase Date}} and the {{gmraprov|Repurchase Date}}.
:::IR = the amount of any income in respect of the {{gmraprov|Purchased Securities}} payable by the issuer on or, in the case of registered Securities, by reference to, any date falling between the {{gmraprov|Purchase Date}} and the {{gmraprov|Repurchase Date}}  
:::C = the aggregate amount obtained by applying the {{gmraprov|Pricing Rate}} to the {{gmraprov|Income}} daily from the payment date to the of calculation date <br>
:::C = the aggregate amount obtained by daily application of the {{gmraprov|Pricing Rate}} for such {{gmraprov|Buy/Sell Back Transaction}} to any such Income from (and including) the date of payment by the issuer to (but excluding) the date of calculation <br>
(b) '''Construction''': References to {{gmraprov|Repurchase Price}} in the {{gmraprov|Agreement}} will include any relevant {{gmraprov|Sell Back Price}}. <br>
(b) References to {{gmraprov|Repurchase Price}} throughout the {{gmraprov|Agreement}} shall be construed as references to “{{gmraprov|Repurchase Price}} or {{gmraprov|Sell Back Price}}, as the case may be”. <br>
(c) '''{{gmraprov|Events of Default}}''': In Paragraph {{gmraprov|10(c)(i)}} ({{gmraprov|Events of Default}}), “{{gmraprov|Repurchase Price}}s” includes {{gmraprov|Sell Back Price}}s”. <br>
(c) In Paragraph {{gmraprov|10(c)(i)}} of the {{gmraprov|Agreement}} (relating to {{gmraprov|Events of Default}}), the reference to the “{{gmraprov|Repurchase Price}}s” shall be construed as a reference to “{{gmraprov|Repurchase Price}}s and {{gmraprov|Sell Back Price}}s”. <br>
(d) '''Hierarchy''': Where this [[Buy/Sellback Annex - GMRA Provision |Annex]] conflicts with any other term of the {{gmraprov|Agreement}}, the Annex will prevail. <br>
(d) [[In the event of]] any conflict between the terms of this [[Buy/Sellback Annex - GMRA Provision |Annex Ill]] and any other term of the {{gmraprov|Agreement}}, the terms in this Annex shall prevail. <br>

Latest revision as of 08:27, 1 June 2022

BSA 2 Interpretation
(a) Definitions: In this Annex:

(i) “Accrued Interest” means for any Purchased Securities under a Buy/Sell Back Transaction, unpaid Income accruing from the last Income Payment Date for the Purchased Securities to the calculation date. Unpaid Income will accrue daily during each interest period;
(ii) “Sell Back Differential” means the aggregate amount obtained by daily applying Pricing Rate on a Buy/Sell Back Transaction using the appropriate ISMA day count convention, to the sum of (a) the Purchase Price and (b) Accrued Interest paid on the Purchase Date for such Transaction for the actual number of days between the Purchase Date and the calculation date;
(iii) “Sell Back Price” means, for any Buy/Sell Back Transaction:
(x) for the originally agreed Repurchase Date under paragraph 3(b)(iii), the agreed price agreed for that Buy/Sell Back Transaction, and
(y) in any other case the product of the formula (P + Al +D) - (IR + C), where:
P = Purchase Price.
Al = Accrued Interest at the Purchase Date, paid under paragraph BSA 3(f).
D = Sell Back Differential.
IR = Any income payable under the Purchased Securities on any date between the Purchase Date and the Repurchase Date.
C = the aggregate amount obtained by applying the Pricing Rate to the Income daily from the payment date to the of calculation date

(b) Construction: References to Repurchase Price in the Agreement will include any relevant Sell Back Price.
(c) Events of Default: In Paragraph 10(c)(i) (Events of Default), “Repurchase Prices” includes Sell Back Prices”.
(d) Hierarchy: Where this Annex conflicts with any other term of the Agreement, the Annex will prevail.