Template:ISDA Master Agreement 1987 6(b): Difference between revisions

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Created page with "{{isda87prov|6(b)}} '''{{isda87prov|Right to Terminate Following Termination Event}}'''.<br> :{{isda87prov|6(b)(i)}} '''{{isda87prov|Notice}}'''. Upon the occurrence of a {{isda87prov|Termination Event}}, an {{isda87prov|Affected Party}} will, promptly upon becoming aware of the same, notify the other party thereof, specifying the nature of such {{isda87prov|Termination Event}} and the {{isda87prov|Affected Transactions}} relating thereto. The {{isda87prov|Affected Party..."
 
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:{{isda87prov|6(b)(i)}} '''{{isda87prov|Notice}}'''. Upon the occurrence of a {{isda87prov|Termination Event}}, an {{isda87prov|Affected Party}} will, promptly upon becoming aware of the same, notify the other party thereof, specifying the nature of such {{isda87prov|Termination Event}} and the {{isda87prov|Affected Transactions}} relating thereto. The {{isda87prov|Affected Party}} will also give such other information to the other party with regard to such {{isda87prov|Termination Event}} as the other party may reasonably require.<br>
:{{isda87prov|6(b)(i)}} '''{{isda87prov|Notice}}'''. Upon the occurrence of a {{isda87prov|Termination Event}}, an {{isda87prov|Affected Party}} will, promptly upon becoming aware of the same, notify the other party thereof, specifying the nature of such {{isda87prov|Termination Event}} and the {{isda87prov|Affected Transactions}} relating thereto. The {{isda87prov|Affected Party}} will also give such other information to the other party with regard to such {{isda87prov|Termination Event}} as the other party may reasonably require.<br>
:{{isda87prov|6(b)(ii)}} '''{{isda87prov|Transfer to Avoid Termination Event}}'''. If either an {{isda87prov|Illegality}} under Section {{isda87prov|5(b)(i)(1)}} or a {{isda87prov|Tax Event}} occurs and there is only one {{isda87prov|Affected Party}}, or if a {{isda87prov|Tax Event Upon Merger}} occurs and the {{isda87prov|Burdened Party}} is the {{isda87prov|Affected Party}}, the {{isda87prov|Affected Party}} will as a condition to its right to designate an {{isda87prov|Early Termination Date}} under Section {{isda87prov|6(b)(iv)}} use all reasonable efforts (which will not require such party to incur a loss, excluding immaterial, incidental expenses) to transfer within 20 days after it gives notice under Section {{isda87prov|6(b)(i)}} all its rights and obligations under this Agreement in respect of the {{isda87prov|Affected Transactions}} to another of its offices, branches or {{isda87prov|Affiliate}}s so that such {{isda87prov|Termination Event}} ceases to exist.<br>
:{{isda87prov|6(b)(ii)}} '''{{isda87prov|Transfer to Avoid Termination Event}}'''. If either an {{isda87prov|Illegality}} under Section {{isda87prov|5(b)(i)(1)}} or a {{isda87prov|Tax Event}} occurs and there is only one {{isda87prov|Affected Party}}, or if a {{isda87prov|Tax Event Upon Merger}} occurs and the {{isda87prov|Burdened Party}} is the {{isda87prov|Affected Party}}, the {{isda87prov|Affected Party}} will as a condition to its right to designate an {{isda87prov|Early Termination Date}} under Section {{isda87prov|6(b)(iv)}} use all reasonable efforts (which will not require such party to incur a loss, excluding immaterial, incidental expenses) to transfer within 20 days after it gives notice under Section {{isda87prov|6(b)(i)}} all its rights and obligations under this Agreement in respect of the {{isda87prov|Affected Transactions}} to another of its offices, branches or {{isda87prov|Affiliate}}s so that such {{isda87prov|Termination Event}} ceases to exist.<br>
If the {{isda87prov|Affected Party}} is not able to make such a transfer it will give notice to the other party to that effect within such 20 day period, whereupon the other party may effect such a transfer within 30 days after the notice is given under Section {{isda87prov|6(b)(i)}}.<br>
:If the {{isda87prov|Affected Party}} is not able to make such a transfer it will give notice to the other party to that effect within such 20 day period, whereupon the other party may effect such a transfer within 30 days after the notice is given under Section {{isda87prov|6(b)(i)}}.<br>
Any such transfer by a party under this Section {{isda87prov|6(b)(ii)}} will be subject to and conditional upon the prior written {{isda87prov|consent}} of the other party, which {{isda87prov|consent}} will not be withheld if such other party's policies in effect at such time would permit it to enter into swap transactions with the transferee on the terms proposed.<br>
:Any such transfer by a party under this Section {{isda87prov|6(b)(ii)}} will be subject to and conditional upon the prior written {{isda87prov|consent}} of the other party, which {{isda87prov|consent}} will not be withheld if such other party's policies in effect at such time would permit it to enter into swap transactions with the transferee on the terms proposed.<br>
:{{isda87prov|6(b)(iii)}} '''{{isda87prov|Two Affected Parties}}'''. If an {{isda87prov|Illegality}} under Section {{isda87prov|5(b)(i)}}(1) or a {{isda87prov|Tax Event}} occurs and there are two Affected Parties, each party will use all reasonable efforts to reach agreement within 30 days after notice thereof is given under Section {{isda87prov|6(b)(i)}} on action that would cause such {{isda87prov|Termination Event}} to cease to exist.<br>
:{{isda87prov|6(b)(iii)}} '''{{isda87prov|Two Affected Parties}}'''. If an {{isda87prov|Illegality}} under Section {{isda87prov|5(b)(i)}}(1) or a {{isda87prov|Tax Event}} occurs and there are two Affected Parties, each party will use all reasonable efforts to reach agreement within 30 days after notice thereof is given under Section {{isda87prov|6(b)(i)}} on action that would cause such {{isda87prov|Termination Event}} to cease to exist.<br>
:{{isda87prov|6(b)(iv)}} '''{{isda87prov|Right to Terminate}}'''. If: -<br>
:{{isda87prov|6(b)(iv)}} '''{{isda87prov|Right to Terminate}}'''. If: -<br>
::(1) a transfer under Section {{isda87prov|6(b)(ii)}} or an agreement under Section {{isda87prov|6(b)(iii)}}, as the case may be, has not been effected with respect to all {{isda87prov|Affected Transactions}} within 30 days after an {{isda87prov|Affected Party}} gives notice under Section {{isda87prov|6(b)(i)}}; or<br>
::(1) a transfer under Section {{isda87prov|6(b)(ii)}} or an agreement under Section {{isda87prov|6(b)(iii)}}, as the case may be, has not been effected with respect to all {{isda87prov|Affected Transactions}} within 30 days after an {{isda87prov|Affected Party}} gives notice under Section {{isda87prov|6(b)(i)}}; or<br>
::(2) an {{isda87prov|Illegality}} under Section {{isda87prov|5(b)(i)(2)}} or a {{isda87prov|Credit Event Upon Merger}} occurs, or a {{isda87prov|Tax Event Upon Merger}} occurs and the {{isda87prov|Burdened Party}} is not the {{isda87prov|Affected Party}},<br>
::(2) an {{isda87prov|Illegality}} under Section {{isda87prov|5(b)(i)(2)}} or a {{isda87prov|Credit Event Upon Merger}} occurs, or a {{isda87prov|Tax Event Upon Merger}} occurs and the {{isda87prov|Burdened Party}} is not the {{isda87prov|Affected Party}},<br>
either party in the case of an {{isda87prov|Illegality}}, the {{isda87prov|Burdened Party}} in the case of a {{isda87prov|Tax Event Upon Merger}}, any {{isda87prov|Affected Party}} in the case of a {{isda87prov|Tax Event}}, or the party which is not the {{isda87prov|Affected Party}} in the case of a {{isda87prov|Credit Event Upon Merger}}, may, by not more than 20 days notice to the other party and provided that the relevant {{isda87prov|Termination Event}} is then continuing, designate a day not earlier than the day such notice is effective as an {{isda87prov|Early Termination Date}} in respect of all {{isda87prov|Affected Transactions}}.<br>
:either party in the case of an {{isda87prov|Illegality}}, the {{isda87prov|Burdened Party}} in the case of a {{isda87prov|Tax Event Upon Merger}}, any {{isda87prov|Affected Party}} in the case of a {{isda87prov|Tax Event}}, or the party which is not the {{isda87prov|Affected Party}} in the case of a {{isda87prov|Credit Event Upon Merger}}, may, by not more than 20 days notice to the other party and provided that the relevant {{isda87prov|Termination Event}} is then continuing, designate a day not earlier than the day such notice is effective as an {{isda87prov|Early Termination Date}} in respect of all {{isda87prov|Affected Transactions}}.<br>

Latest revision as of 11:19, 15 August 2024

6(b) Right to Terminate Following Termination Event.

6(b)(i) Notice. Upon the occurrence of a Termination Event, an Affected Party will, promptly upon becoming aware of the same, notify the other party thereof, specifying the nature of such Termination Event and the Affected Transactions relating thereto. The Affected Party will also give such other information to the other party with regard to such Termination Event as the other party may reasonably require.
6(b)(ii) Transfer to Avoid Termination Event. If either an Illegality under Section 5(b)(i)(1) or a Tax Event occurs and there is only one Affected Party, or if a Tax Event Upon Merger occurs and the Burdened Party is the Affected Party, the Affected Party will as a condition to its right to designate an Early Termination Date under Section 6(b)(iv) use all reasonable efforts (which will not require such party to incur a loss, excluding immaterial, incidental expenses) to transfer within 20 days after it gives notice under Section 6(b)(i) all its rights and obligations under this Agreement in respect of the Affected Transactions to another of its offices, branches or Affiliates so that such Termination Event ceases to exist.
If the Affected Party is not able to make such a transfer it will give notice to the other party to that effect within such 20 day period, whereupon the other party may effect such a transfer within 30 days after the notice is given under Section 6(b)(i).
Any such transfer by a party under this Section 6(b)(ii) will be subject to and conditional upon the prior written consent of the other party, which consent will not be withheld if such other party's policies in effect at such time would permit it to enter into swap transactions with the transferee on the terms proposed.
6(b)(iii) Two Affected Parties. If an Illegality under Section 5(b)(i)(1) or a Tax Event occurs and there are two Affected Parties, each party will use all reasonable efforts to reach agreement within 30 days after notice thereof is given under Section 6(b)(i) on action that would cause such Termination Event to cease to exist.
6(b)(iv) Right to Terminate. If: -
(1) a transfer under Section 6(b)(ii) or an agreement under Section 6(b)(iii), as the case may be, has not been effected with respect to all Affected Transactions within 30 days after an Affected Party gives notice under Section 6(b)(i); or
(2) an Illegality under Section 5(b)(i)(2) or a Credit Event Upon Merger occurs, or a Tax Event Upon Merger occurs and the Burdened Party is not the Affected Party,
either party in the case of an Illegality, the Burdened Party in the case of a Tax Event Upon Merger, any Affected Party in the case of a Tax Event, or the party which is not the Affected Party in the case of a Credit Event Upon Merger, may, by not more than 20 days notice to the other party and provided that the relevant Termination Event is then continuing, designate a day not earlier than the day such notice is effective as an Early Termination Date in respect of all Affected Transactions.