Template:ISDA English Law Credit Support Annex 2016 3(a): Difference between revisions
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{{ | {{vmcsaprov|3(a)}} '''{{vmcsaprov|Transfers}}'''. All transfers under this Annex of any {{vmcsaprov|Eligible Credit Support (VM)}}, {{vmcsaprov|Equivalent Credit Support (VM)}}, {{vmcsaprov|Interest Payment (VM)}} or {{vmcsaprov|Equivalent Distributions}} will be made in accordance with the instructions of the {{vmcsaprov|Transferee}} or {{vmcsaprov|Transferor}}, as applicable, and will be made: <br /> | ||
:(i) in the case of cash, by transfer into one or more bank accounts specified by the recipient; <br /> | :{{vmcsaprov|3(a)(i)}} in the case of cash, by transfer into one or more bank accounts specified by the recipient; <br /> | ||
:(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 <br /> | :{{vmcsaprov|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 <br /> | ||
:(iii) in the case of securities which the parties have agreed will be delivered by book-entry, by causing the relevant depository institution (s) or other securities intermediaries to make changes to their books and records sufficient to result in a legally effective transfer of the transferring party’s legal and beneficial title to the recipient or its agent. <br /> | :{{vmcsaprov|3(a)(iii)}} in the case of securities which the parties have agreed will be delivered by book-entry, by causing the relevant depository institution (s) or other securities intermediaries to make changes to their books and records sufficient to result in a legally effective transfer of the transferring party’s legal and beneficial title to the recipient or its agent. <br /> | ||
Subject to Paragraph {{ | Subject to Paragraph {{vmcsaprov|4}}, and unless otherwise specified in Paragraph {{vmcsaprov|11}}, if a demand for the transfer of {{vmcsaprov|Eligible Credit Support (VM)}} or {{vmcsaprov|Equivalent Credit Support (VM)}} is received by the {{vmcsaprov|Notification Time}}, then the relevant transfer will be made not later than the close of business on the {{vmcsaprov|Regular Settlement Day}} relating to the date such demand is received; if a demand is received after the {{vmcsaprov|Notification Time}}, then the relevant transfer will be made not later than the close of business on the {{vmcsaprov|Regular Settlement Day}} relating to the day after the date such demand is received. <br /> | ||
Latest revision as of 03:39, 30 December 2019
3(a) Transfers. All transfers under this Annex of any Eligible Credit Support (VM), Equivalent Credit Support (VM), Interest Payment (VM) or Equivalent Distributions will be made in accordance with the instructions of the Transferee or Transferor, as applicable, and will 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 causing the relevant depository institution (s) or other securities intermediaries to make changes to their books and records sufficient to result in a legally effective transfer of the transferring party’s legal and beneficial title to the recipient or its agent.
Subject to Paragraph 4, and unless otherwise specified in Paragraph 11, if a demand for the transfer of Eligible Credit Support (VM) or Equivalent Credit Support (VM) is received by the Notification Time, then the relevant transfer will be made not later than the close of business on the Regular 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 Regular Settlement Day relating to the day after the date such demand is received.