Template:ISDA English Law Credit Support Deed 2018 13(j): Difference between revisions
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{{imcsdprov|13(j)}} “'''{{imcsdprov|Chargor Rights Event}}'''” means an {{isdaprov|Early Termination Date}} in respect of all {{isdaprov|Transaction}}s has occurred or been designated as the result of an {{isdaprov|Event of Default}} or {{imcsdprov|Access Condition}} with respect to the {{imcsdprov|Secured Party}}; provided that: | {{imcsdprov|13(j)}} “'''{{imcsdprov|Chargor Rights Event}}'''” means an {{isdaprov|Early Termination Date}} in respect of all {{isdaprov|Transaction}}s has occurred or been designated as the result of an {{isdaprov|Event of Default}} or {{imcsdprov|Access Condition}} with respect to the {{imcsdprov|Secured Party}}; provided that: | ||
:(i) if “'''{{imcsdprov|Chargor Full Discharge Condition}}'''” is specified as applicable here, a {{imcsdprov|Chargor Rights Event}} will not occur unless the Chargor | :(i) if “'''{{imcsdprov|Chargor Full Discharge Condition}}'''” is specified as applicable here, a {{imcsdprov|Chargor Rights Event}} will not occur unless the {{imcsdprov|Chargor}} | ||
::(A) has provided a statement to the {{imcsdprov|Secured Party}} in respect of such {{isdaprov|Early Termination Date}} pursuant to Section {{isdaprov|6(d)}} of the Agreement and | ::(A) has provided a statement to the {{imcsdprov|Secured Party}} in respect of such {{isdaprov|Early Termination Date}} pursuant to Section {{isdaprov|6(d)}} of the Agreement and | ||
::(B) is claiming that an amount under Section {{isdaprov|6(e)}} of the Agreement | ::(B) is claiming that an amount under Section {{isdaprov|6(e)}} of the Agreement | ||
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:::(III) is payable by the {{imcsdprov|Chargor}} but | :::(III) is payable by the {{imcsdprov|Chargor}} but | ||
::::(x) has been discharged in full together with any accrued [[interest]] or | ::::(x) has been discharged in full together with any accrued [[interest]] or | ||
::::(y) will be discharged in full together with any accrued interest in whole or in part pursuant to the {{imcsdprov|Chargor}}’s exercise of the {{imcsdprov|Delivery in Lieu Right}} as notified in writing by the {{imcsdprov|Chargor}} to the {{imcsdprov|Secured Party}} in connection with its delivery of a {{imcsdprov|Chargor Access Notice}}, if applicable: {{isdaprov|Chargor Full Discharge Condition}} is {{ | ::::(y) will be discharged in full together with any accrued interest in whole or in part pursuant to the {{imcsdprov|Chargor}}’s exercise of the {{imcsdprov|Delivery in Lieu Right}} as notified in writing by the {{imcsdprov|Chargor}} to the {{imcsdprov|Secured Party}} in connection with its delivery of a {{imcsdprov|Chargor Access Notice}}, if applicable: {{isdaprov|Chargor Full Discharge Condition}} is {{na}}; | ||
:and | :and | ||
:(ii) if “'''{{isdaprov|Cooling-off Period Condition}}'''” is specified as applicable here, a {{imcsdprov|Chargor Rights Event}} will not occur unless two {{imcsdprov|Local Business Day}}s have passed following the provision of a statement to the {{imcsdprov|Secured Party}} pursuant to Section {{isdaprov|6(d)}} of the Agreement: {{imcsdprov|Cooling-off Period Condition}} is {{na}}. <br> | :(ii) if “'''{{isdaprov|Cooling-off Period Condition}}'''” is specified as applicable here, a {{imcsdprov|Chargor Rights Event}} will not occur unless two {{imcsdprov|Local Business Day}}s have passed following the provision of a statement to the {{imcsdprov|Secured Party}} pursuant to Section {{isdaprov|6(d)}} of the Agreement: {{imcsdprov|Cooling-off Period Condition}} is {{na}}. <br> | ||
Latest revision as of 16:14, 18 March 2022
13(j) “Chargor Rights Event” means an Early Termination Date in respect of all Transactions has occurred or been designated as the result of an Event of Default or Access Condition with respect to the Secured Party; provided that:
- (i) if “Chargor Full Discharge Condition” is specified as applicable here, a Chargor Rights Event will not occur unless the Chargor
- (A) has provided a statement to the Secured Party in respect of such Early Termination Date pursuant to Section 6(d) of the Agreement and
- (B) is claiming that an amount under Section 6(e) of the Agreement
- (I) is payable to the Chargor,
- (II) is zero or
- (III) is payable by the Chargor but
- (x) has been discharged in full together with any accrued interest or
- (y) will be discharged in full together with any accrued interest in whole or in part pursuant to the Chargor’s exercise of the Delivery in Lieu Right as notified in writing by the Chargor to the Secured Party in connection with its delivery of a Chargor Access Notice, if applicable: Chargor Full Discharge Condition is [Applicable/Not Applicable];
- and
- (ii) if “Cooling-off Period Condition” is specified as applicable here, a Chargor Rights Event will not occur unless two Local Business Days have passed following the provision of a statement to the Secured Party pursuant to Section 6(d) of the Agreement: Cooling-off Period Condition is [Applicable/Not Applicable].
Notwithstanding the foregoing, if “Control Agreement Chargor Rights Event” is specified as applicable here with respect to a party as the Chargor, a “Chargor Rights Event” will only occur upon the occurrence of one or more of the events that the Chargor and the Secured Party have agreed, in the Control Agreement or otherwise, will permit the Chargor to exercise sole and exclusive control of the Posted Credit Support (IM) held under the Control Agreement:
- With respect to Party A acting in its capacity as the Chargor and Party B acting in its capacity as the Secured Party: Control Agreement Chargor Rights Event is [Applicable/Not Applicable].
- With respect to Party B acting in its capacity as the Chargor and Party A acting in its capacity as the Secured Party: Control Agreement Chargor Rights Event is [Applicable/Not Applicable].
- With respect to Party A acting in its capacity as the Chargor and Party B acting in its capacity as the Secured Party: Control Agreement Chargor Rights Event is [Applicable/Not Applicable].