Template:GMSLA 2010 11.2: Difference between revisions
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{{gmslaprov|11.2}} The {{gmslaprov|Parties}}’ delivery and payment obligations (and any other obligations they have under this {{gmslaprov|Agreement}}) shall be accelerated so as to require performance thereof at the time such {{gmslaprov|Event of Default}} occurs (the date of which shall be the '''{{gmslaprov|Termination Date}}''') so that performance of such delivery and payment obligations shall be effected only in accordance with the following provisions. <br> | :{{gmslaprov|11.2}} The {{gmslaprov|Parties}}’ delivery and payment obligations (and any other obligations they have under this {{gmslaprov|Agreement}}) shall be accelerated so as to require performance thereof at the time such {{gmslaprov|Event of Default}} occurs (the date of which shall be the '''{{gmslaprov|Termination Date}}''') so that performance of such delivery and payment obligations shall be effected only in accordance with the following provisions. <br> | ||
:(a) The {{gmslaprov|Default Market Value}} of the {{gmslaprov|Equivalent}} {{gmslaprov|Securities}} and {{gmslaprov|Equivalent}} {{gmslaprov|Non-Cash Collateral}} to be delivered and the amount of any {{gmslaprov|Cash Collateral}} (including sums accrued) to be repaid and any other cash (including interest accrued) to be paid by each {{gmslaprov|Party}} shall be established by the {{gmslaprov|Non-Defaulting Party}} in accordance with paragraph {{gmslaprov|11.4}} and deemed as at the {{gmslaprov|Termination Date}}. <br> | ::(a) The {{gmslaprov|Default Market Value}} of the {{gmslaprov|Equivalent}} {{gmslaprov|Securities}} and {{gmslaprov|Equivalent}} {{gmslaprov|Non-Cash Collateral}} to be delivered and the amount of any {{gmslaprov|Cash Collateral}} (including sums accrued) to be repaid and any other cash (including interest accrued) to be paid by each {{gmslaprov|Party}} shall be established by the {{gmslaprov|Non-Defaulting Party}} in accordance with paragraph {{gmslaprov|11.4}} and deemed as at the {{gmslaprov|Termination Date}}. <br> | ||
:(b) On the basis of the sums so established, an account shall be taken (as at the {{gmslaprov|Termination Date}}) of what is due from each {{gmslaprov|Party}} to the other under this {{gmslaprov|Agreement}} (on the basis that each {{gmslaprov|Party}}’s claim against the other in respect of delivery of {{gmslaprov|Equivalent}} {{gmslaprov|Securities}} or {{gmslaprov|Equivalent}} {{gmslaprov|Non-Cash Collateral}} equal to the {{gmslaprov|Default Market Value}} thereof) and the sums due from one {{gmslaprov|Party}} shall be set off against the sums due from the other and only the balance of the account shall be payable (by the {{gmslaprov|Party}} having the claim valued at the lower amount pursuant to the foregoing) and such balance shall be payable on the next following {{gmslaprov|Business Day}} after such account has been taken and such sums have been set off in accordance with this paragraph. For the purposes of this calculation, any sum not denominated in the {{gmslaprov|Base Currency}} shall be converted into the {{gmslaprov|Base Currency}} at the Spot Rate prevailing at such dates and times determined by the {{gmslaprov|Non-Defaulting Party}} acting reasonably. <br> | ::(b) On the basis of the sums so established, an account shall be taken (as at the {{gmslaprov|Termination Date}}) of what is due from each {{gmslaprov|Party}} to the other under this {{gmslaprov|Agreement}} (on the basis that each {{gmslaprov|Party}}’s claim against the other in respect of delivery of {{gmslaprov|Equivalent}} {{gmslaprov|Securities}} or {{gmslaprov|Equivalent}} {{gmslaprov|Non-Cash Collateral}} equal to the {{gmslaprov|Default Market Value}} thereof) and the sums due from one {{gmslaprov|Party}} shall be set off against the sums due from the other and only the balance of the account shall be payable (by the {{gmslaprov|Party}} having the claim valued at the lower amount pursuant to the foregoing) and such balance shall be payable on the next following {{gmslaprov|Business Day}} after such account has been taken and such sums have been set off in accordance with this paragraph. For the purposes of this calculation, any sum not denominated in the {{gmslaprov|Base Currency}} shall be converted into the {{gmslaprov|Base Currency}} at the {{gmslaprov|Spot Rate}} prevailing at such dates and times determined by the {{gmslaprov|Non-Defaulting Party}} acting reasonably. <br> | ||
:(c) If the balance under sub paragraph (b) above is payable by the {{gmslaprov|Non-Defaulting Party}} and the {{gmslaprov|Non-Defaulting Party}} had delivered to the {{gmslaprov|Defaulting Party}} a {{gmslaprov|Letter of Credit}}, the {{gmslaprov|Defaulting Party}} shall draw on the {{gmslaprov|Letter of Credit}} to the extent of the balance due and shall subsequently deliver for cancellation the {{gmslaprov|Letter of Credit}} so provided. <br> | ::(c) If the balance under sub paragraph (b) above is payable by the {{gmslaprov|Non-Defaulting Party}} and the {{gmslaprov|Non-Defaulting Party}} had delivered to the {{gmslaprov|Defaulting Party}} a {{gmslaprov|Letter of Credit}}, the {{gmslaprov|Defaulting Party}} shall draw on the {{gmslaprov|Letter of Credit}} to the extent of the balance due and shall subsequently deliver for cancellation the {{gmslaprov|Letter of Credit}} so provided. <br> | ||
:(d) If the balance under sub paragraph (b) above is payable by the {{gmslaprov|Defaulting Party}} and the {{gmslaprov|Defaulting Party}} had delivered to the {{gmslaprov|Non-Defaulting Party}} a {{gmslaprov|Letter of Credit}}, the {{gmslaprov|Non-Defaulting Party}} shall draw on the {{gmslaprov|Letter of Credit}} to the extent of the balance due and shall subsequently deliver for cancellation the {{gmslaprov|Letter of Credit}} so provided. <br> | ::(d) If the balance under sub paragraph (b) above is payable by the {{gmslaprov|Defaulting Party}} and the {{gmslaprov|Defaulting Party}} had delivered to the {{gmslaprov|Non-Defaulting Party}} a {{gmslaprov|Letter of Credit}}, the {{gmslaprov|Non-Defaulting Party}} shall draw on the {{gmslaprov|Letter of Credit}} to the extent of the balance due and shall subsequently deliver for cancellation the {{gmslaprov|Letter of Credit}} so provided. <br> | ||
::(e) In all other circumstances, where a {{gmslaprov|Letter of Credit}} has been provided to a {{gmslaprov|Party}}, such {{gmslaprov|Party}} shall deliver for cancellation the {{gmslaprov|Letter of Credit}} so provided. <br> | |||
Latest revision as of 12:15, 8 March 2018
- 11.2 The Parties’ delivery and payment obligations (and any other obligations they have under this Agreement) shall be accelerated so as to require performance thereof at the time such Event of Default occurs (the date of which shall be the Termination Date) so that performance of such delivery and payment obligations shall be effected only in accordance with the following provisions.
- (a) The Default Market Value of the Equivalent Securities and Equivalent Non-Cash Collateral to be delivered and the amount of any Cash Collateral (including sums accrued) to be repaid and any other cash (including interest accrued) to be paid by each Party shall be established by the Non-Defaulting Party in accordance with paragraph 11.4 and deemed as at the Termination Date.
- (b) On the basis of the sums so established, an account shall be taken (as at the Termination Date) of what is due from each Party to the other under this Agreement (on the basis that each Party’s claim against the other in respect of delivery of Equivalent Securities or Equivalent Non-Cash Collateral equal to the Default Market Value thereof) and the sums due from one Party shall be set off against the sums due from the other and only the balance of the account shall be payable (by the Party having the claim valued at the lower amount pursuant to the foregoing) and such balance shall be payable on the next following Business Day after such account has been taken and such sums have been set off in accordance with this paragraph. For the purposes of this calculation, any sum not denominated in the Base Currency shall be converted into the Base Currency at the Spot Rate prevailing at such dates and times determined by the Non-Defaulting Party acting reasonably.
- (c) If the balance under sub paragraph (b) above is payable by the Non-Defaulting Party and the Non-Defaulting Party had delivered to the Defaulting Party a Letter of Credit, the Defaulting Party shall draw on the Letter of Credit to the extent of the balance due and shall subsequently deliver for cancellation the Letter of Credit so provided.
- (d) If the balance under sub paragraph (b) above is payable by the Defaulting Party and the Defaulting Party had delivered to the Non-Defaulting Party a Letter of Credit, the Non-Defaulting Party shall draw on the Letter of Credit to the extent of the balance due and shall subsequently deliver for cancellation the Letter of Credit so provided.
- (e) In all other circumstances, where a Letter of Credit has been provided to a Party, such Party shall deliver for cancellation the Letter of Credit so provided.
- (a) The Default Market Value of the Equivalent Securities and Equivalent Non-Cash Collateral to be delivered and the amount of any Cash Collateral (including sums accrued) to be repaid and any other cash (including interest accrued) to be paid by each Party shall be established by the Non-Defaulting Party in accordance with paragraph 11.4 and deemed as at the Termination Date.