Template:ISDA English Law Credit Support Deed 2018 8(a)(ii): Difference between revisions

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Created page with ":(ii) '''{{imcsdprov|Secured Party’s Rights}}'''. If at any time a {{imcsdprov|Secured Party Rights Event}} has occurred and is continuing, then, unless the {{imcsdprov|Char..."
 
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::(C) to the extent that the assets charged under this Deed constitute "financial collateral" and this Deed and the obligations of the {{imcsdprov|Chargor}} under this Deed constitute a "security financial collateral arrangement" (in each case for the purpose of and as defined in the Financial Collateral Arrangements (No. 2) {{imcsdprov|Regulations}} 2003) (the “'''{{imcsdprov|Regulations}}'''”), to appropriate all or any part of that financial collateral in or towards the satisfaction of the {{imcsdprov|Obligations}} in such order as the {{imcsdprov|Secured Party}} sees fit; and
::(C) to the extent that the assets charged under this Deed constitute "financial collateral" and this Deed and the obligations of the {{imcsdprov|Chargor}} under this Deed constitute a "security financial collateral arrangement" (in each case for the purpose of and as defined in the Financial Collateral Arrangements (No. 2) {{imcsdprov|Regulations}} 2003) (the “'''{{imcsdprov|Regulations}}'''”), to appropriate all or any part of that financial collateral in or towards the satisfaction of the {{imcsdprov|Obligations}} in such order as the {{imcsdprov|Secured Party}} sees fit; and
::(D) to collect, recover or compromise and to give a good discharge for any moneys payable to the {{imcsdprov|Chargor}} in respect of any of the {{imcsdprov|Posted Credit Support (IM)}};
::(D) to collect, recover or compromise and to give a good discharge for any moneys payable to the {{imcsdprov|Chargor}} in respect of any of the {{imcsdprov|Posted Credit Support (IM)}};
and for the purposes of this Paragraph {{imcsdprov|8(a}}) the {{imcsdprov|Secured Party}} shall be entitled to make any currency conversions or effect any transaction in currencies which it thinks fit, and to do so at such times and rates as it thinks proper. <br>
:and for the purposes of this Paragraph {{imcsdprov|8(a}}) the {{imcsdprov|Secured Party}} shall be entitled to make any currency conversions or effect any transaction in currencies which it thinks fit, and to do so at such times and rates as it thinks proper. <br>

Latest revision as of 09:59, 22 April 2021

(ii) Secured Party’s Rights. If at any time a Secured Party Rights Event has occurred and is continuing, then, unless the Chargor has paid in full all of its Obligations, the Secured Party shall, without prior notice to the Chargor, be entitled to put into force and to exercise immediately or as and when it may see fit any and every power possessed by the Secured Party by virtue of this Deed or available to a secured creditor and in particular (but without limitation) the Secured Party shall have power in respect of Posted Credit Support (IM):
(A) to sell all or any of the Posted Credit Support (IM) (other than Posted Credit Support (IM) in the form of cash) in any manner permitted by law upon such terms as the Secured Party shall in its absolute discretion determine;
(B) to apply all or any of the Posted Credit Support (IM) in the form of cash in or towards the payment or discharge of any amounts payable by the Chargor with respect to any Obligation in such order as the Secured Party sees fit;
(C) to the extent that the assets charged under this Deed constitute "financial collateral" and this Deed and the obligations of the Chargor under this Deed constitute a "security financial collateral arrangement" (in each case for the purpose of and as defined in the Financial Collateral Arrangements (No. 2) Regulations 2003) (the “Regulations”), to appropriate all or any part of that financial collateral in or towards the satisfaction of the Obligations in such order as the Secured Party sees fit; and
(D) to collect, recover or compromise and to give a good discharge for any moneys payable to the Chargor in respect of any of the Posted Credit Support (IM);
and for the purposes of this Paragraph 8(a) the Secured Party shall be entitled to make any currency conversions or effect any transaction in currencies which it thinks fit, and to do so at such times and rates as it thinks proper.