Income Payments - GMRA Provision: Difference between revisions

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{{gmraanat|5}}
{{gmraanat|5}}The amount by which the learned [[drafting committee]] managed to convolute a really simple idea — you both have to pay whatever you get on what you hold, on the day you get it, [[Gross up|grossed up]] — is really quite impressive. <br>

Revision as of 18:51, 15 November 2019

GMRA Anatomy™


In a Nutshell Clause 5:

5. Income Payments

5(i) where a Transaction extends over an Income Payment Date, Buyer must pay Seller the amount of the Income (gross of any withholding tax) on the date the Income is paid;
5(ii) the same goes for Income received on Margin Securities held over an Income Payment Date;

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Global Master Repurchase Agreement full text of Clause 5:

5. Income Payments
Unless otherwise agreed -

5(i) where the Term of a particular Transaction extends over an Income Payment Date in respect of any Securities subject to that Transaction, Buyer shall on the date such Income is paid by the issuer transfer to or credit to the account of Seller an amount equal to (and in the same currency as) the amount paid by the issuer;
5(ii) where Margin Securities are transferred from one party (“the first party”) to the other party (“the second party”) and an Income Payment Date in respect of such Securities occurs before Equivalent Margin Securities are transferred by the second party to the first party, the second party shall on the date such Income is paid by the issuer transfer to or credit to the account of the first party an amount equal to (and in the same currency as) the amount paid by the issuer;

and for the avoidance of doubt references in this paragraph to the amount of any Income paid by the issuer of any Securities shall be to an amount paid without any withholding or deduction for or on account of taxes or duties notwithstanding that a payment of such Income made in certain circumstances may be subject to such a withholding or deduction.
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Resources: 2010 GMRA: Full wikitext · Nutshell wikitext
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The amount by which the learned drafting committee managed to convolute a really simple idea — you both have to pay whatever you get on what you hold, on the day you get it, grossed up — is really quite impressive.