Template:EUA Annex (d)(i)(5)(C): Difference between revisions
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Amwelladmin (talk | contribs) Created page with ":(C) '''{{euaprov|Suspension Event Delayed Performance}}''': Subject to Part (d)(i)(5)(D)(''{{euaprov|Continuing Suspension Event}}'') below, upon the {{euaprov|Suspension Event}} ceasing to exist, both parties will be required to resume full performance of their obligations under this Agreement in respect of the relevant {{euaprov|EU Emissions Allowance Transaction}} (including, for the avoidance of doubt, any suspended obligations) as soon as possible but no later than..." |
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:(C) '''{{euaprov|Suspension Event Delayed Performance}}''': Subject to Part (d)(i)(5)(D)(''{{euaprov|Continuing Suspension Event}}'') below, upon the {{euaprov|Suspension Event}} ceasing to exist, both parties will be required to resume full performance of their obligations under this Agreement in respect of the relevant {{euaprov|EU Emissions Allowance Transaction}} (including, for the avoidance of doubt, any suspended obligations) as soon as possible but no later than the day that is the earlier of: (i) the tenth {{euaprov|Delivery Business Day}} following the date on which the {{euaprov|Suspension Event}} ceases to exist; and (ii) 3 {{euaprov|Delivery Business Day}}s prior to the {{euaprov|End of Phase Reconciliation Deadline}} (the “'''{{euaprov|Delayed Delivery Date}}'''”). | :[[Cost of Carry Amount - Emissions Annex Provision|(C)]] '''{{euaprov|Suspension Event Delayed Performance}}''': Subject to Part (d)(i)(5)(D)(''{{euaprov|Continuing Suspension Event}}'') below, upon the {{euaprov|Suspension Event}} ceasing to exist, both parties will be required to resume full performance of their obligations under this Agreement in respect of the relevant {{euaprov|EU Emissions Allowance Transaction}} (including, for the avoidance of doubt, any suspended obligations) as soon as possible but no later than the day that is the earlier of: (i) the tenth {{euaprov|Delivery Business Day}} following the date on which the {{euaprov|Suspension Event}} ceases to exist; and (ii) 3 {{euaprov|Delivery Business Day}}s prior to the {{euaprov|End of Phase Reconciliation Deadline}} (the “'''{{euaprov|Delayed Delivery Date}}'''”). | ||
:In the event that the {{euaprov|Allowances to be Delivered}} are delivered to {{euaprov|Receiving Party}} on or before the {{euaprov|Delayed Delivery Date}} following the occurrence of a {{euaprov|Suspension Event}} as contemplated by Part (d)(i)(5)(B)(Effect of a {{euaprov|Suspension Event}}) above, {{euaprov|Receiving Party}} agrees to pay {{euaprov|Delivering Party}} on the {{euaprov|Delayed Payment Date}}: | :In the event that the {{euaprov|Allowances to be Delivered}} are delivered to {{euaprov|Receiving Party}} on or before the {{euaprov|Delayed Delivery Date}} following the occurrence of a {{euaprov|Suspension Event}} as contemplated by Part (d)(i)(5)(B)(Effect of a {{euaprov|Suspension Event}}) above, {{euaprov|Receiving Party}} agrees to pay {{euaprov|Delivering Party}} on the {{euaprov|Delayed Payment Date}}: | ||
::(I) for the purposes of an {{euaprov|Allowance Forward Transaction}}, an amount equal to the sum of: (X) {{euaprov|Allowance Purchase Price}} multiplied by the {{euaprov|Number of Allowances}} delivered on or before the relevant {{euaprov|Delayed Delivery Date}}; and (Y) the {{euaprov|Cost of Carry Amount}}; or | ::(I) for the purposes of an {{euaprov|Allowance Forward Transaction}}, an amount equal to the sum of: (X) {{euaprov|Allowance Purchase Price}} multiplied by the {{euaprov|Number of Allowances}} delivered on or before the relevant {{euaprov|Delayed Delivery Date}}; and (Y) the {{euaprov|Cost of Carry Amount}}; or | ||
::(II) for the purposes of an {{euaprov|Allowance Option Transaction}}, an amount equal to the sum of: (X) the {{euaprov|Allowance Strike Price}} multiplied by the {{euaprov|Number of Allowances}} delivered on or before the relevant {{euaprov|Delayed Delivery Date}}; and (Y) the {{euaprov|Cost of Carry Amount}}. | ::(II) for the purposes of an {{euaprov|Allowance Option Transaction}}, an amount equal to the sum of: (X) the {{euaprov|Allowance Strike Price}} multiplied by the {{euaprov|Number of Allowances}} delivered on or before the relevant {{euaprov|Delayed Delivery Date}}; and (Y) the {{euaprov|Cost of Carry Amount}}. | ||
:[[For the avoidance of doubt]], the {{euaprov|Cost of Carry Amount}} shall be identified in the relevant {{euaprov|VAT Invoice}} sent to {{euaprov|Receiving Party}}. | :[[For the avoidance of doubt]], the {{euaprov|Cost of Carry Amount}} shall be identified in the relevant {{euaprov|VAT Invoice}} sent to {{euaprov|Receiving Party}}. | ||
Latest revision as of 16:05, 17 October 2023
- (C) Suspension Event Delayed Performance: Subject to Part (d)(i)(5)(D)(Continuing Suspension Event) below, upon the Suspension Event ceasing to exist, both parties will be required to resume full performance of their obligations under this Agreement in respect of the relevant EU Emissions Allowance Transaction (including, for the avoidance of doubt, any suspended obligations) as soon as possible but no later than the day that is the earlier of: (i) the tenth Delivery Business Day following the date on which the Suspension Event ceases to exist; and (ii) 3 Delivery Business Days prior to the End of Phase Reconciliation Deadline (the “Delayed Delivery Date”).
- In the event that the Allowances to be Delivered are delivered to Receiving Party on or before the Delayed Delivery Date following the occurrence of a Suspension Event as contemplated by Part (d)(i)(5)(B)(Effect of a Suspension Event) above, Receiving Party agrees to pay Delivering Party on the Delayed Payment Date:
- (I) for the purposes of an Allowance Forward Transaction, an amount equal to the sum of: (X) Allowance Purchase Price multiplied by the Number of Allowances delivered on or before the relevant Delayed Delivery Date; and (Y) the Cost of Carry Amount; or
- (II) for the purposes of an Allowance Option Transaction, an amount equal to the sum of: (X) the Allowance Strike Price multiplied by the Number of Allowances delivered on or before the relevant Delayed Delivery Date; and (Y) the Cost of Carry Amount.
- For the avoidance of doubt, the Cost of Carry Amount shall be identified in the relevant VAT Invoice sent to Receiving Party.