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Template:Nutshell 2002 ISDA 9(h)(i): Difference between revisions
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:(2) '''{{isdaprov|Compensation for Defaulted Deliveries}}'''. If a party defaults on any delivery obligation, it will, on demand: | :(2) '''{{isdaprov|Compensation for Defaulted Deliveries}}'''. If a party defaults on any delivery obligation, it will, on demand: | ||
::(A) compensate the other party per the relevant {{isdaprov|Confirmation}}; and | ::(A) compensate the other party per the relevant {{isdaprov|Confirmation}}; and | ||
::(B) pay interest on the fair market value of the delivery obligation from the original due date to the actual delivery date (excluding any period to which clause (4) below applies), at the {{isdaprov|Default Rate}}. The innocent party will determine the fair market value as of the scheduled delivery date [[in good faith]] and a [[commercially reasonable manner]] . <br> | ::(B) pay interest on the fair market value of the delivery obligation from the original due date to the actual delivery date (excluding any period to which clause (4) below applies), at the {{isdaprov|Default Rate}}. The innocent party will determine the fair market value as of the scheduled delivery date [[in good faith]] and a [[commercially reasonable manner]]. <br> | ||
:(3) '''{{isdaprov|Interest on Deferred Payments}}'''. If:― <br> | :(3) '''{{isdaprov|Interest on Deferred Payments}}'''. If:― <br> | ||
::(A) a party does not pay an amount that, but for Section {{isdaprov|2(a)(iii)}}, would have been payable, it will, subject to (B) and (C) below, pay interest on demand from the date the amount would otherwise have been payable to the date it actually becomes payable, at the {{isdaprov|Applicable Deferral Rate}}; <br> | ::(A) a party does not pay an amount that, but for Section {{isdaprov|2(a)(iii)}}, would have been payable, it will, subject to (B) and (C) below, pay interest on demand from the date the amount would otherwise have been payable to the date it actually becomes payable, at the {{isdaprov|Applicable Deferral Rate}}; <br> | ||