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

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{{csaprov|9(h)}} '''{{csaprov|Credit Support Offsets}}'''. If the parties specify that “{{csaprov|Credit Support Offsets}}” is applicable in Paragraph {{csaprov|11}} and on any date: <br>
{{vmcsaprov|9(h)}} '''{{vmcsaprov|Credit Support Offsets}}'''. If the parties specify that “{{vmcsaprov|Credit Support Offsets}}” is applicable in Paragraph {{vmcsaprov|11}} and on any date: <br>
:(i) a transfer of {{csaprov|Eligible Credit Support (VM)}} or {{csaprov|Equivalent Credit Support (VM)}} is due under this {{csaprov|Annex}} to satisfy a {{csaprov|Delivery Amount (VM)}} or a {{csaprov|Return Amount (VM)}} obligation, and a transfer of credit support (other than any {{csaprov|Other CSA Excluded Credit Support}}) is also due under any {{csaprov|Other CSA}};  
:(i) a transfer of {{vmcsaprov|Eligible Credit Support (VM)}} or {{vmcsaprov|Equivalent Credit Support (VM)}} is due under this {{vmcsaprov|Annex}} to satisfy a {{vmcsaprov|Delivery Amount (VM)}} or a {{vmcsaprov|Return Amount (VM)}} obligation, and a transfer of credit support (other than any {{vmcsaprov|Other CSA Excluded Credit Support}}) is also due under any {{vmcsaprov|Other CSA}};  
:(ii) the parties have notified each other of the credit support that they intend to transfer under this {{csaprov|Annex}} and transfer under such {{csaprov|Other CSA}} (other than any {{csaprov|Other CSA Excluded Credit Support}}) to satisfy their respective obligations; and  
:(ii) the parties have notified each other of the credit support that they intend to transfer under this {{vmcsaprov|Annex}} and transfer under such {{vmcsaprov|Other CSA}} (other than any {{vmcsaprov|Other CSA Excluded Credit Support}}) to satisfy their respective obligations; and  
:(iii) in respect of Paragraph {{csaprov|9(h)(ii)}}, each party intends to transfer one or more types of credit support that is fully fungible with one or more types of credit support the other party intends to transfer (each such credit support, a “'''{{csaprov|Fungible Credit Support Type}}'''”), <br>
:(iii) in respect of Paragraph {{vmcsaprov|9(h)(ii)}}, each party intends to transfer one or more types of credit support that is fully fungible with one or more types of credit support the other party intends to transfer (each such credit support, a “'''{{vmcsaprov|Fungible Credit Support Type}}'''”), <br>


then, on such date and in respect of each such {{csaprov|Fungible Credit Support Type}}, each party’s obligation to make a transfer of any such {{csaprov|Fungible Credit Support Type}} hereunder or under such {{csaprov|Other CSA}} will be automatically satisfied and discharged and, if the aggregate amount that would have otherwise been transferred by one party exceeds the aggregate amount that would have otherwise been transferred by the other party, replaced by an obligation hereunder or under such {{csaprov|Other CSA}}, as applicable, upon the party by which the larger aggregate amount would have been transferred to transfer to the other party the excess of the larger aggregate amount over the smaller aggregate amount. If a party’s obligation to make a transfer of credit support under this {{csaprov|Annex}} or an {{csaprov|Other CSA}} is automatically satisfied and discharged pursuant to this Paragraph {{csaprov|9(h)}}, then for purposes of this {{csaprov|Annex}} or the {{csaprov|Other CSA}}, as applicable, the other party will be deemed to have received credit support of the applicable {{csaprov|Fungible Credit Support Type}} in the amount that would otherwise have been required to be transferred, in each case on the day on which the relevant transfer was due.
then, on such date and in respect of each such {{vmcsaprov|Fungible Credit Support Type}}, each party’s obligation to make a transfer of any such {{vmcsaprov|Fungible Credit Support Type}} hereunder or under such {{vmcsaprov|Other CSA}} will be automatically satisfied and discharged and, if the aggregate amount that would have otherwise been transferred by one party exceeds the aggregate amount that would have otherwise been transferred by the other party, replaced by an obligation hereunder or under such {{vmcsaprov|Other CSA}}, as applicable, upon the party by which the larger aggregate amount would have been transferred to transfer to the other party the excess of the larger aggregate amount over the smaller aggregate amount. If a party’s obligation to make a transfer of credit support under this {{vmcsaprov|Annex}} or an {{vmcsaprov|Other CSA}} is automatically satisfied and discharged pursuant to this Paragraph {{vmcsaprov|9(h)}}, then for purposes of this {{vmcsaprov|Annex}} or the {{vmcsaprov|Other CSA}}, as applicable, the other party will be deemed to have received credit support of the applicable {{vmcsaprov|Fungible Credit Support Type}} in the amount that would otherwise have been required to be transferred, in each case on the day on which the relevant transfer was due. <br>

Latest revision as of 10:56, 17 December 2019

9(h) Credit Support Offsets. If the parties specify that “Credit Support Offsets” is applicable in Paragraph 11 and on any date:

(i) a transfer of Eligible Credit Support (VM) or Equivalent Credit Support (VM) is due under this Annex to satisfy a Delivery Amount (VM) or a Return Amount (VM) obligation, and a transfer of credit support (other than any Other CSA Excluded Credit Support) is also due under any Other CSA;
(ii) the parties have notified each other of the credit support that they intend to transfer under this Annex and transfer under such Other CSA (other than any Other CSA Excluded Credit Support) to satisfy their respective obligations; and
(iii) in respect of Paragraph 9(h)(ii), each party intends to transfer one or more types of credit support that is fully fungible with one or more types of credit support the other party intends to transfer (each such credit support, a “Fungible Credit Support Type”),

then, on such date and in respect of each such Fungible Credit Support Type, each party’s obligation to make a transfer of any such Fungible Credit Support Type hereunder or under such Other CSA will be automatically satisfied and discharged and, if the aggregate amount that would have otherwise been transferred by one party exceeds the aggregate amount that would have otherwise been transferred by the other party, replaced by an obligation hereunder or under such Other CSA, as applicable, upon the party by which the larger aggregate amount would have been transferred to transfer to the other party the excess of the larger aggregate amount over the smaller aggregate amount. If a party’s obligation to make a transfer of credit support under this Annex or an Other CSA is automatically satisfied and discharged pursuant to this Paragraph 9(h), then for purposes of this Annex or the Other CSA, as applicable, the other party will be deemed to have received credit support of the applicable Fungible Credit Support Type in the amount that would otherwise have been required to be transferred, in each case on the day on which the relevant transfer was due.

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