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Template:ISDA Master Agreement 1987 2: Difference between revisions
Template:ISDA Master Agreement 1987 2 (view source)
Revision as of 15:39, 30 January 2024
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Amwelladmin (talk | contribs) (Created page with "{{isda87prov|2}} '''{{isda87prov|Payments}}'''<br> {{isda87prov|2(a)}} '''{{isda87prov|Obligations and Conditions}}'''.<br> :{{isda87prov|2(a)(i)}} Each party will make each payment specified in each {{isda87prov|Confirmation}} as being payable by it.<br> :{{isda87prov|2(a)(ii)}} Payments under this {{isda87prov|Agreement}} will be made not later than the due date for value on that date in the place of the account specified in the relevant {{isda87prov|Confirmation}} or...") |
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:{{isda87prov|2(c)(i)}} in the same currency; and<br> | :{{isda87prov|2(c)(i)}} in the same currency; and<br> | ||
:{{isda87prov|2(c)(ii)}} in respect of the same {{isda87prov|Swap Transaction}},<br> | :{{isda87prov|2(c)(ii)}} in respect of the same {{isda87prov|Swap Transaction}},<br> | ||
by each party to the other, then, on such date, each party's obligation to make payment of any such amount will be automatically satisfied and discharged and, if the aggregate amount that would otherwise have been payable by one party exceeds the aggregate amount that would otherwise have been payable by the other party, replaced by an obligation upon the party by whom the larger aggregate amount would have been payable to pay to the other party the excess of the larger aggregate amount over the smaller aggregate amount.<br> | :by each party to the other, then, on such date, each party's obligation to make payment of any such amount will be automatically satisfied and discharged and, if the aggregate amount that would otherwise have been payable by one party exceeds the aggregate amount that would otherwise have been payable by the other party, replaced by an obligation upon the party by whom the larger aggregate amount would have been payable to pay to the other party the excess of the larger aggregate amount over the smaller aggregate amount.<br> | ||
If the parties specify “Net Payments — Corresponding Payment Dates” in a {{isda87prov|Confirmation}} or otherwise in this {{isda87prov|Agreement}}, sub-paragraph (ii) above will cease to apply to all {{isda87prov|Swap Transaction}}s with effect from the date so specified (so that a net amount will be determined in respect of all amounts due on the same date in the same currency, regardless of whether such amounts are payable in respect of the same {{isda87prov|Swap Transaction}}); provided that, in such case, this Section {{isda87prov|2(c)}} will apply separately to each {{isda87prov|Office}} through which a party makes and receives payments as set forth in Section {{isda87prov|10}}.<br> | :If the parties specify “Net Payments — Corresponding Payment Dates” in a {{isda87prov|Confirmation}} or otherwise in this {{isda87prov|Agreement}}, sub-paragraph (ii) above will cease to apply to all {{isda87prov|Swap Transaction}}s with effect from the date so specified (so that a net amount will be determined in respect of all amounts due on the same date in the same currency, regardless of whether such amounts are payable in respect of the same {{isda87prov|Swap Transaction}}); provided that, in such case, this Section {{isda87prov|2(c)}} will apply separately to each {{isda87prov|Office}} through which a party makes and receives payments as set forth in Section {{isda87prov|10}}.<br> | ||
{{isda87prov|2(d)}} '''{{isdaprov|Deduction or Withholding for Tax}}'''.<br> | {{isda87prov|2(d)}} '''{{isdaprov|Deduction or Withholding for Tax}}'''.<br> | ||
:{{isda87prov|2(d)(i)}} '''{{isdaprov|Gross-Up}}'''. All payments under this {{isda87prov|Agreement}} will be made without any deduction or withholding for or on account of any {{isda87prov|Tax}} unless such deduction or withholding is required by any applicable {{isda87prov|law}}, as modified by the practice of any relevant governmental revenue authority, then in effect. If a party is so required to deduct or withhold, then that party (“'''X'''”) will:-<br> | :{{isda87prov|2(d)(i)}} '''{{isdaprov|Gross-Up}}'''. All payments under this {{isda87prov|Agreement}} will be made without any deduction or withholding for or on account of any {{isda87prov|Tax}} unless such deduction or withholding is required by any applicable {{isda87prov|law}}, as modified by the practice of any relevant governmental revenue authority, then in effect. If a party is so required to deduct or withhold, then that party (“'''X'''”) will:-<br> | ||
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:::(B) the failure of a representation made by Y pursuant to Section {{isda87prov|3(f)}} to be accurate and true unless such failure would not have occurred but for a {{isda87prov|Change in Tax Law}}.<br> | :::(B) the failure of a representation made by Y pursuant to Section {{isda87prov|3(f)}} to be accurate and true unless such failure would not have occurred but for a {{isda87prov|Change in Tax Law}}.<br> | ||
:{{isda87prov|2(d)(ii)}} '''{{isdaprov|Liability}}'''. If:-<br> | :{{isda87prov|2(d)(ii)}} '''{{isdaprov|Liability}}'''. If:-<br> | ||
::(1) X is required by any applicable {{isda87prov|law}}, as modified by the practice of any relevant governmental revenue authority, to make any deduction or withholding in respect of which X would not be required to pay an additional amount to Y under Section {{isda87prov|2(d)(i)(4);<br> | ::(1) X is required by any applicable {{isda87prov|law}}, as modified by the practice of any relevant governmental revenue authority, to make any deduction or withholding in respect of which X would not be required to pay an additional amount to Y under Section {{isda87prov|2(d)(i)(4)}};<br> | ||
::(2) X does not so deduct or withhold; and<br> | ::(2) X does not so deduct or withhold; and<br> | ||
::(3) a liability resulting from such {{isda87prov|Tax}} is assessed directly against X,<br> | ::(3) a liability resulting from such {{isda87prov|Tax}} is assessed directly against X,<br> | ||
then, except to the extent Y has satisfied or then satisfies the liability resulting from such {{isda87prov|Tax}}, Y will promptly pay to X the amount of such liability (including any related liability for interest, but including any related liability for penalties only if Y has failed to comply with or perform any agreement contained in Section {{isda87prov|4(a)(i)}} or (d)).<br> | ::then, except to the extent Y has satisfied or then satisfies the liability resulting from such {{isda87prov|Tax}}, Y will promptly pay to X the amount of such liability (including any related liability for interest, but including any related liability for penalties only if Y has failed to comply with or perform any agreement contained in Section {{isda87prov|4(a)(i)}} or (d)).<br> | ||
:{{isda87prov|2(d)(iii)}} '''{{isdaprov|Default Interest}}'''. A party that defaults in the payment of any amount due will, to the extent permitted by {{isda87prov|law}}, be required to pay interest (before as well as after judgment) on such amount to the other party on demand in the same currency as the overdue amount, for the period from (and including) the original due date for payment to (but excluding) the date of actual payment, at the {{isda87prov|Default Rate}}. Such interest will be calculated on the basis of daily compounding and the actual number of days elapsed.<br> | :{{isda87prov|2(d)(iii)}} '''{{isdaprov|Default Interest}}'''. A party that defaults in the payment of any amount due will, to the extent permitted by {{isda87prov|law}}, be required to pay interest (before as well as after judgment) on such amount to the other party on demand in the same currency as the overdue amount, for the period from (and including) the original due date for payment to (but excluding) the date of actual payment, at the {{isda87prov|Default Rate}}. Such interest will be calculated on the basis of daily compounding and the actual number of days elapsed.<br> | ||