Template:Nutshell EUA Annex (d)(i)(5): Difference between revisions

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{{euaprov|(d)(i)(5)}} '''{{euaprov|Suspension Event}}'''
{{euaprov|(d)(i)(5)}} '''{{euaprov|Suspension Event}}'''
:(A) '''Notification''': A party impacted by a  {{euaprov|Suspension Event}} must notify the other party in writing as soon as reasonably practicable. It must also give what etails of the {{euaprov|Suspension Event}} it has and a non-binding estimate of the extent and expected duration of its resultant inability to perform.
:(A) '''Notification''': A party impacted by a  {{euaprov|Suspension Event}} must notify the other party in writing as soon as reasonably practicable. It must also give what details of the {{euaprov|Suspension Event}} it has and a non-binding estimate of the extent and expected duration of its resultant inability to perform.
:(B) '''Effect''': Upon a {{euaprov|Suspension Event}} both parties’ olibgations will be suspended, subject to {{euaprov|Continuing Suspension Event}} below, until the {{euaprov|Suspension Event}} is no longer preventing settlement. During the {{euaprov|Suspension Event}}, the affected party must continue to use all reasonable endeavours to overcome it.  
:(B) '''Effect''': Upon a {{euaprov|Suspension Event}} both parties’ obligations will be suspended, subject to {{euaprov|Continuing Suspension Event}} below, until the {{euaprov|Suspension Event}} no longer prevents settlement. During the {{euaprov|Suspension Event}}, the affected party must try [[Endeavour|reasonably]] to overcome it.  
:(C) '''Delayed Performance''': Subject to {{euaprov|Continuing Suspension Event}} below, once the {{euaprov|Suspension Event}} ceases, both parties must, promptly and within two {{euaprov|Delivery Business Day}}s, resume their obligations under the relevant {{isdaprov|Transaction}}s by the earlier of: (i) the tenth {{euaprov|Delivery Business Day}} following the date the Suspension Event ceases; and (ii) 3 {{euaprov|Delivery Business Days}} before the {{euaprov|End of Phase Reconciliation Deadline}} (the “'''{{euaprov|Delayed Delivery Date}}'''”). If the {{euaprov|Allowances to be Delivered}} are delivered to {{euaprov|Receiving Party}} by the {{euaprov|Delayed Delivery Date}} following a {{isdaprov|Suspension Event}} (as per “{{isdaprov|Effect of a Suspension Event}}”) above, {{isdaprov|Receiving Party}} must pay {{isdaprov|Delivering Party}} on the {{isdaprov|Delayed Payment Date}}:
:(C) '''Delayed Performance''': Subject to {{euaprov|Continuing Suspension Event}} below, once the {{euaprov|Suspension Event}} ceases, both parties must promptly resume their obligations under the {{isdaprov|Transaction}}s by the earlier of: (i) ten {{euaprov|Delivery Business Day}}s after the Suspension Event lifts; and (ii) 3 {{euaprov|Delivery Business Days}} before the {{euaprov|End of Phase Reconciliation Deadline}} (the “'''{{euaprov|Delayed Delivery Date}}'''”). If {{euaprov|Delivering Party}} has successfully delivered the {{euaprov|Allowances to be Delivered}} by the {{euaprov|Delayed Delivery Date}}, {{euaprov|Receiving Party}} must pay {{euaprov|Delivering Party}}, on the {{euaprov|Delayed Payment Date}}:
::(I) For {{isdaprov|Allowance Forward Transaction}}s: ''({{isdaprov|Allowance Purchase Price}} x {{isdaprov|Number of Allowances}} delivered by the {{isdaprov|Delayed Delivery Date}}) + {{isdaprov|Cost of Carry Amount}}'';
::(I) '''{{euaprov|Allowance Forward Transaction}}s''': ''({{euaprov|Allowance Purchase Price}} x {{euaprov|Number of Allowances}} delivered by the {{euaprov|Delayed Delivery Date}}) + {{euaprov|Cost of Carry Amount}}'';
::(II) For {{isdaprov|Allowance Option Transaction}}s: ''({{isdaprov|Allowance Strike Price}} x {{isdaprov|Number of Allowances}} delivered by the {{isdaprov|Delayed Delivery Date}}) + {{isdaprov|Cost of Carry Amount}}''.
::(II) '''{{euaprov|Allowance Option Transaction}}s''': ''({{euaprov|Allowance Strike Price}} x {{euaprov|Number of Allowances}} delivered by the {{euaprov|Delayed Delivery Date}}) + {{euaprov|Cost of Carry Amount}}''.
:(D) '''{{euaprov|Continuing Suspension Event}}''': Where a {{euaprov|Suspension Event}} continues on the {{isdaprov|Long-Stop Date}}, then an {{isdaprov|Illegality}} will occur where the relevant {{isdaprov|Transaction}} is the sole {{isdaprov|Affected Transaction}}, both parties are {{isdaprov|Affected Parties}}, ansd no {{isdaprov|Waiting Period}} will apply. the Long-Stop Date will be the {{isdaprov|Early Termination Date}} under the Transaction. When determining the {{isdaprov|Early Termination Amount}} if “{{euaprov|Payment on Termination for Suspension}}” applies, the suspended obligations will resume on the {{isdaprov|Early Termination Date}}, and if it does not, the parties will have no further obligations after the {{euaprov|Suspension Event}} (other than in respect of any {{isdaprov|Unpaid Amounts}}); provided that:
:(D) '''{{euaprov|Continuing Suspension Event}}''': Where a {{euaprov|Suspension Event}} continues on the {{euaprov|Long-Stop Date}}, then there will be an {{isdaprov|Illegality}} where the {{isdaprov|Transaction}} is the sole {{isdaprov|Affected Transaction}}, both parties are {{isdaprov|Affected Parties}},no {{isdaprov|Waiting Period}} will apply and the {{euaprov|Long-Stop Date}} will be the {{isdaprov|Early Termination Date}}. When determining the {{isdaprov|Early Termination Amount}}, if “{{euaprov|Payment on Termination for Suspension}}” applies, the suspended obligations will resume on the {{isdaprov|Early Termination Date}}, and if it does not, the parties will have no further obligations after the {{euaprov|Suspension Event}} (other than for any {{isdaprov|Unpaid Amounts}}); provided that:
::(i) {{euaprov|Delivering Party}} must promptly refund to {{euaprov|Receiving Party}} any amount {{euaprov|Receiving Party}} paid under any {{euaprov|Allowance Forward Transaction}} or {{euaprov|Call}}; and  
::(i) {{euaprov|Delivering Party}} must promptly refund any amount {{euaprov|Receiving Party}} paid it under any {{euaprov|Allowance Forward Transaction}} or {{euaprov|Call}}; and  
::(ii) {{euaprov|Receiving Party}} must promptly refund to {{euaprov|Delivering Party}} any amount {{euaprov|Delivering Party}} paid under a {{euaprov|Put}}  
::(ii) {{euaprov|Receiving Party}} must promptly refund any amount {{euaprov|Delivering Party}} paid it under a {{euaprov|Put}}  
::other than in respect of delivered {{euaprov|Allowance}}s, together with interest from the payment date until the date of termination of the {{isdaprov|Transaction}} at the overnight deposit rate for the relevant currency.
:that was not paid for delivered {{euaprov|Allowance}}s, together with interest from the payment date until the {{isdaprov|Transaction}} termination date at the relevant overnight deposit rate.

Latest revision as of 14:06, 4 May 2023

(d)(i)(5) Suspension Event

(A) Notification: A party impacted by a Suspension Event must notify the other party in writing as soon as reasonably practicable. It must also give what details of the Suspension Event it has and a non-binding estimate of the extent and expected duration of its resultant inability to perform.
(B) Effect: Upon a Suspension Event both parties’ obligations will be suspended, subject to Continuing Suspension Event below, until the Suspension Event no longer prevents settlement. During the Suspension Event, the affected party must try reasonably to overcome it.
(C) Delayed Performance: Subject to Continuing Suspension Event below, once the Suspension Event ceases, both parties must promptly resume their obligations under the Transactions by the earlier of: (i) ten Delivery Business Days after the Suspension Event lifts; and (ii) 3 Delivery Business Days before the End of Phase Reconciliation Deadline (the “Delayed Delivery Date”). If Delivering Party has successfully delivered the Allowances to be Delivered by the Delayed Delivery Date, Receiving Party must pay Delivering Party, on the Delayed Payment Date:
(I) Allowance Forward Transactions: (Allowance Purchase Price x Number of Allowances delivered by the Delayed Delivery Date) + Cost of Carry Amount;
(II) Allowance Option Transactions: (Allowance Strike Price x Number of Allowances delivered by the Delayed Delivery Date) + Cost of Carry Amount.
(D) Continuing Suspension Event: Where a Suspension Event continues on the Long-Stop Date, then there will be an Illegality where the Transaction is the sole Affected Transaction, both parties are Affected Parties,no Waiting Period will apply and the Long-Stop Date will be the Early Termination Date. When determining the Early Termination Amount, if “Payment on Termination for Suspension” applies, the suspended obligations will resume on the Early Termination Date, and if it does not, the parties will have no further obligations after the Suspension Event (other than for any Unpaid Amounts); provided that:
(i) Delivering Party must promptly refund any amount Receiving Party paid it under any Allowance Forward Transaction or Call; and
(ii) Receiving Party must promptly refund any amount Delivering Party paid it under a Put
that was not paid for delivered Allowances, together with interest from the payment date until the Transaction termination date at the relevant overnight deposit rate.
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