User:Amwelladmin: Difference between revisions

From The Jolly Contrarian
Jump to navigation Jump to search
← Older editNewer edit →
VisualWikitext
No edit summary
No edit summary
Line 1: Line 1:
deed
terms


Enforcement of Security: [The Security shall become enforceable upon the occurrence of an Enforcement Event. At any time after the occurrence of an Enforcement Event, the Trustee may at its discretion and without notice, and if requested by the holder of the Notes, directed by an Extraordinary Resolution or directed in writing by the Hedge Counterparty, shall (provided, in each case, that prior to taking any such action the Trustee shall have been indemnified and/or secured and/or pre-funded to its satisfaction and provided that the Trustee has effectively delivered a valid Enforcement Notice to the Issuer, the Custodian, the EUA Custodian, the Arranger, the Collateral Manager, the Disposal Agent and the Hedge Counterparty), enforce the Security constituted by the Trust Deed. The Trustee shall be obliged to act on the first such direction received pursuant to this Clause 5.6 and shall have no liability to any person for so doing. Prior to taking any steps to enforce the Security, the Trustee shall give an Enforcement Notice to the Issuer, the Custodian, the EUA Custodian, the Arranger, the Collateral Manager, the Disposal Agent and the Hedge Counterparty that (a) the Trustee intends to enforce the Security or has been requested or directed to do so, and (b) the Disposal Agent and/or the Collateral Manager (as applicable) is to cease to effect any further Liquidation of the Collateral (if such Liquidation is taking place), save that any transaction entered into in connection with the Liquidation on or prior to the effective date of such Enforcement Notice shall be settled and the Disposal Agent and/or the Collateral Manager (as applicable) shall take any steps and actions necessary to settle such transaction and/or which is incidental thereto.]    
As per Master Conditions, provided that the Disposal Agent shall effect the sale of the EUA Collateral in such manner as is appropriate for EUAs, provided that:
(i) where no Bankruptcy Event has occurred with respect to the Hedge Counterparty, the Disposal Agent shall seek a firm offer price for the purchase of the relevant EUAs from the Hedge Counterparty, and the Hedge Counterparty may provide a firm offer price for the purchase by it or by an Affiliate of the Hedge Counterparty, of the relevant EUAs and the Disposal Agent shall sell the EUA Collateral to the Hedge Counterparty or an Affiliate of it at such firm offer price, provided that where the Hedge Counterparty provides a firm offer price but the Disposal Agent is able to secure a higher firm offer price from a market counterparty and the Hedge Counterparty (after receipt of evidence to its reasonable satisfaction) declines to match such higher price, then the Disposal Agent shall sell the EUA Collateral to the market counterparty at such higher price; and
(ii) where either:
(a) a Bankruptcy Event has occurred with respect to the Hedge Counterparty, or
(b) no Bankruptcy Event has occurred with respect to the Hedge Counterparty, but the Hedge Counterparty (or an Affiliate of the Hedge Counterparty) fails to provide a firm offer price within three Business Days of the request for the firm offer price,  
then the Disposal Agent shall seek a firm offer price from the market (the highest such firm offer price received being in respect of (a) or (b) above , the price at which the Disposal Agent shall sell the EUA Collateral to the relevant market counterparty).
 
Subject to the provisions of Master Condition 13 (Liquidation), the Disposal Agent shall effect the Liquidation of the EUA Collateral for settlement on the Target Liquidation Date and shall pay the proceeds of Liquidation (or direct the relevant purchaser of the EUAs to pay the proceeds of Liquidation) directly (in EUR) to the Custodian or, if instructed by or on behalf of the Issuer, to the Issuing and Paying Agent, provided that bids for the purchase of the EUA Collateral may be provided prior to the Target Liquidation Date.
    


<nowiki>==PART I: PRELIMINARY==
<nowiki>==PART I: PRELIMINARY==

Revision as of 11:10, 27 February 2023

terms

As per Master Conditions, provided that the Disposal Agent shall effect the sale of the EUA Collateral in such manner as is appropriate for EUAs, provided that: (i) where no Bankruptcy Event has occurred with respect to the Hedge Counterparty, the Disposal Agent shall seek a firm offer price for the purchase of the relevant EUAs from the Hedge Counterparty, and the Hedge Counterparty may provide a firm offer price for the purchase by it or by an Affiliate of the Hedge Counterparty, of the relevant EUAs and the Disposal Agent shall sell the EUA Collateral to the Hedge Counterparty or an Affiliate of it at such firm offer price, provided that where the Hedge Counterparty provides a firm offer price but the Disposal Agent is able to secure a higher firm offer price from a market counterparty and the Hedge Counterparty (after receipt of evidence to its reasonable satisfaction) declines to match such higher price, then the Disposal Agent shall sell the EUA Collateral to the market counterparty at such higher price; and (ii) where either: (a) a Bankruptcy Event has occurred with respect to the Hedge Counterparty, or (b) no Bankruptcy Event has occurred with respect to the Hedge Counterparty, but the Hedge Counterparty (or an Affiliate of the Hedge Counterparty) fails to provide a firm offer price within three Business Days of the request for the firm offer price, then the Disposal Agent shall seek a firm offer price from the market (the highest such firm offer price received being in respect of (a) or (b) above , the price at which the Disposal Agent shall sell the EUA Collateral to the relevant market counterparty).

Subject to the provisions of Master Condition 13 (Liquidation), the Disposal Agent shall effect the Liquidation of the EUA Collateral for settlement on the Target Liquidation Date and shall pay the proceeds of Liquidation (or direct the relevant purchaser of the EUAs to pay the proceeds of Liquidation) directly (in EUR) to the Custodian or, if instructed by or on behalf of the Issuer, to the Issuing and Paying Agent, provided that bids for the purchase of the EUA Collateral may be provided prior to the Target Liquidation Date.


==PART I: PRELIMINARY== {{Book|MI|2002|1}} {{Book|MI|2002|2}} {{Book section|MI|2002|2(a)}} {{Book section|MI|2002|2(b)}} {{Book section|MI|2002|2(c)}} {{Book section|MI|2002|2(d)}} {{Book|MI|2002|3}} {{Book section|MI|2002|3(a)}} {{Book section|MI|2002|3(b)}} {{Book section|MI|2002|3(c)}} {{Book section|MI|2002|3(d)}} {{Book section|MI|2002|3(e)}} {{Book section|MI|2002|3(f)}} {{Book|MI|2002|4}} ==PART II: SECTION 5 DEFAULT AND EARLY TERMINATION== {{Book|MI|2002|5(a)}} {{Book section|MI|2002|5(a)(i)}} {{Book section|MI|2002|5(a)(ii)}} {{Book section|MI|2002|5(a)(iii)}} {{Book section|MI|2002|5(a)(iv)}} {{Book section|MI|2002|5(a)(v)}} {{Book section|MI|2002|5(a)(vi)}} {{Book section|MI|2002|5(a)(vii)}} {{Book section|MI|2002|5(a)(viii)}} {{Book|MI|2002|5(b)}} {{Book section|MI|2002|5(b)(i)}} {{Book section|MI|2002|5(b)(ii)}} {{Book section|MI|2002|5(b)(iii)}} {{Book section|MI|2002|5(b)(iv)}} {{Book section|MI|2002|5(b)(v)}} {{Book section|MI|2002|5(b)(vi)}} {{Book|MI|2002|5(c)}} {{Book|MI|2002|5(d)}} ==PART III: SECTION 6 CLOSE OUT== {{Book|MI|2002|6(a)}} {{Book|MI|2002|6(b)}} {{Book section|MI|2002|6(b)(i)}} {{Book section|MI|2002|6(b)(ii)}} {{Book section|MI|2002|6(b)(ii)}} {{Book section|MI|2002|6(b)(iv)}} {{Book|MI|2002|6(c)}} {{Book|MI|2002|6(d)}} {{Book|MI|2002|6(e)}} {{Book|MI|2002|6(f)}} ==PART IV: BOILERPLATE {{Book|MI|2002|7}} {{Book|MI|2002|8}} {{Book|MI|2002|9}} {{Book section|MI|2002|9(a)}} {{Book section|MI|2002|9(b)}} {{Book section|MI|2002|9(c)}} {{Book section|MI|2002|9(d)}} {{Book section|MI|2002|9(e)}} {{Book section|MI|2002|9(f)}} {{Book section|MI|2002|9(g)}} {{Book|MI|2002|10}} {{Book|MI|2002|11}} {{Book|MI|2002|12}} {{Book|MI|2002|13}} {{Book|MI|2002|14}} {{Book section|MI|2002|Additional Representation}} {{Book section|MI|2002|Additional Termination Event}} {{Book section|MI|2002|Affected Party}} {{Book section|MI|2002|Affected Transactions}} {{Book section|MI|2002|Affiliate}} {{Book section|MI|2002|Agreement}} {{Book section|MI|2002|Applicable Close-out Rate}} {{Book section|MI|2002|Applicable Deferral Rate}} {{Book section|MI|2002|Automatic Early Termination}} {{Book section|MI|2002|Burdened Party}} {{Book section|MI|2002|Change in Tax Law}} {{Book section|MI|2002|Close-out Amount}} {{Book section|MI|2002|Confirmation}} {{Book section|MI|2002|consent}} {{Book section|MI|2002|Contractual Currency}} {{Book section|MI|2002|Convention Court}} {{Book section|MI|2002|Credit Event Upon Merger}} {{Book section|MI|2002|Credit Support Document}} {{Book section|MI|2002|Credit Support Provider}} {{Book section|MI|2002|Cross-Default}} {{Book section|MI|2002|Defaulting Party}} {{Book section|MI|2002|Designated Event}} {{Book section|MI|2002|Determining Party}} {{Book section|MI|2002|Early Termination Amount}} {{Book section|MI|2002|Early Termination Date}} {{Book section|MI|2002|electronic messages}} {{Book section|MI|2002|English law}} {{Book section|MI|2002|Event of Default}} {{Book section|MI|2002|Force Majeure Event}} {{Book section|MI|2002|General Business Day}} {{Book section|MI|2002|Illegality}} {{Book section|MI|2002|Indemnifiable Tax}} {{Book section|MI|2002|law}} {{Book section|MI|2002|Local Business Day}} {{Book section|MI|2002|Local Delivery Day}} {{Book section|MI|2002|Master Agreement}} {{Book section|MI|2002|Merger Without Assumption}} {{Book section|MI|2002|Multiple Transaction Payment Netting}} {{Book section|MI|2002|Non-affected Party}} {{Book section|MI|2002|Non-default Rate}} {{Book section|MI|2002|Non-defaulting Party}} {{Book section|MI|2002|Office}} {{Book section|MI|2002|Other Amounts}} {{Book section|MI|2002|Payee}} {{Book section|MI|2002|Payer}} {{Book section|MI|2002|Potential Event of Default}} {{Book section|MI|2002|Proceedings}} {{Book section|MI|2002|Process Agent}} {{Book section|MI|2002|rate of exchange}} {{Book section|MI|2002|Relevant Jurisdiction}} {{Book section|MI|2002|Schedule}} {{Book section|MI|2002|Scheduled Settlement Date}} {{Book section|MI|2002|Set-off}} {{Book section|MI|2002|Specified Entity}} {{Book section|MI|2002|Specified Indebtedness}} {{Book section|MI|2002|Specified Transaction}} {{Book section|MI|2002|Stamp Tax}} {{Book section|MI|2002|Stamp Tax Jurisdiction}} {{Book section|MI|2002|Tax}} {{Book section|MI|2002|Tax Event}} {{Book section|MI|2002|Tax Event Upon Merger}} {{Book section|MI|2002|Terminated Transactions}} {{Book section|MI|2002|Termination Currency}} {{Book section|MI|2002|Termination Currency Equivalent}} {{Book section|MI|2002|Termination Event}} {{Book section|MI|2002|Termination Rate}} {{Book section|MI|2002|Threshold Amount}} {{Book section|MI|2002|Transaction}} {{Book section|MI|2002|Unpaid Amounts}} {{Book section|MI|2002|Waiting Period}}

Retrieved from "https://jollycontrarian.com/index.php?title=User:Amwelladmin&oldid=72045"