Template:ISDA Master Agreement 2002 9(h)(ii): Difference between revisions

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{{isdaprov|9(h)(ii)}} '''Early Termination'''. Upon the occurrence or effective designation of an Early Termination Date in <br>respect of a {{isdaprov|Transaction}}:―
{{isdaprov|9(h)(ii)}} '''Early Termination'''. Upon the occurrence or effective designation of an Early Termination Date in <br>respect of a {{isdaprov|Transaction}}:―
:(1) '''Unpaid Amounts'''. For the purpose of determining an {{isdaprov|Unpaid Amount}} in respect of the <br>relevant {{isdaprov|Transaction}}, and to the extent permitted by applicable law, interest will accrue on the <br>amount of any payment obligation or the amount equal to the fair market value of any obligation <br>required to be settled by delivery included in such determination in the same currency as that <br>amount, for the period from (and including) the date the relevant obligation was (or would have <br>been but for Section {{isdaprov|2(a)(iii)}} or {{isdaprov|5(d)}}) required to have been performed to (but excluding) the <br>relevant {{isdaprov|Early Termination Date}}, at the {{isdaprov|Applicable Close-out Rate}}.<br>
:{{isdaprov|9(h)(ii)(1)}} '''Unpaid Amounts'''. For the purpose of determining an {{isdaprov|Unpaid Amount}} in respect of the <br>relevant {{isdaprov|Transaction}}, and to the extent permitted by applicable law, interest will accrue on the <br>amount of any payment obligation or the amount equal to the fair market value of any obligation <br>required to be settled by delivery included in such determination in the same currency as that <br>amount, for the period from (and including) the date the relevant obligation was (or would have <br>been but for Section {{isdaprov|2(a)(iii)}} or {{isdaprov|5(d)}}) required to have been performed to (but excluding) the <br>relevant {{isdaprov|Early Termination Date}}, at the {{isdaprov|Applicable Close-out Rate}}.<br>
:(2) '''Interest on Early Termination Amounts'''. If an {{isdaprov|Early Termination Amount}} is due in respect <br>of such {{isdaprov|Early Termination Date}}, that amount will, to the extent permitted by applicable law, be paid <br>together with interest (before as well as after judgment) on that amount in the Termination <br>Currency, for the period from (and including) such {{isdaprov|Early Termination Date}} to (but excluding) the <br>date the amount is paid, at the {{isdaprov|Applicable Close-out Rate}}.<br>
:{{isdaprov|9(h)(ii)(2)}} '''Interest on Early Termination Amounts'''. If an {{isdaprov|Early Termination Amount}} is due in respect <br>of such {{isdaprov|Early Termination Date}}, that amount will, to the extent permitted by applicable law, be paid <br>together with interest (before as well as after judgment) on that amount in the Termination <br>Currency, for the period from (and including) such {{isdaprov|Early Termination Date}} to (but excluding) the <br>date the amount is paid, at the {{isdaprov|Applicable Close-out Rate}}.<br>

Revision as of 09:10, 22 October 2012

9(h)(ii) Early Termination. Upon the occurrence or effective designation of an Early Termination Date in
respect of a Transaction:―

9(h)(ii)(1) Unpaid Amounts. For the purpose of determining an Unpaid Amount in respect of the
relevant Transaction, and to the extent permitted by applicable law, interest will accrue on the
amount of any payment obligation or the amount equal to the fair market value of any obligation
required to be settled by delivery included in such determination in the same currency as that
amount, for the period from (and including) the date the relevant obligation was (or would have
been but for Section 2(a)(iii) or 5(d)) required to have been performed to (but excluding) the
relevant Early Termination Date, at the Applicable Close-out Rate.
9(h)(ii)(2) Interest on Early Termination Amounts. If an Early Termination Amount is due in respect
of such Early Termination Date, that amount will, to the extent permitted by applicable law, be paid
together with interest (before as well as after judgment) on that amount in the Termination
Currency, for the period from (and including) such Early Termination Date to (but excluding) the
date the amount is paid, at the Applicable Close-out Rate.