Template:Nutshell OSLA 12: Difference between revisions
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:{{oslaprov|12(E)}} '''Breach of representations and warranties''': the representations or warranties of either Party are materially false when made or repeated, ; <br> | :{{oslaprov|12(E)}} '''Breach of representations and warranties''': the representations or warranties of either Party are materially false when made or repeated, ; <br> | ||
:{{oslaprov|12(F)}} '''Repudiation''': admits to the other that it is cannot or will not perform any of its obligations under the Agreement; <br> | :{{oslaprov|12(F)}} '''Repudiation''': admits to the other that it is cannot or will not perform any of its obligations under the Agreement; <br> | ||
:{{oslaprov|12(G)}} '''Regulatory default''': It is declared in default by the appropriate authority under the {{oslaprov|Rules}} or is suspended or expelled from any securities exchange or other self-regulatory organisation, or is suspended from securities dealing by any government agency | :{{oslaprov|12(G)}} '''Regulatory default''': It is declared in default by the appropriate authority under the {{oslaprov|Rules}} or is suspended or expelled from any securities exchange or other self-regulatory organisation, or is suspended from securities dealing by any government agency; <br> | ||
:{{oslaprov|12(H)}} '''Seizure of assets''': its own asset those it holds for investors held are ordered to be transferred to a trustee by a regulatory authority under securities regulation legislation, or <br> | :{{oslaprov|12(H)}} '''Seizure of assets''': its own asset those it holds for investors held are ordered to be transferred to a trustee by a regulatory authority under securities regulation legislation, or <br> | ||
:{{oslaprov|12(I)}} '''Other breach of Agreement''': the {{oslaprov|Lender}} or the {{oslaprov|Borrower}} fails to perform any other obligations under this Agreement and does not remedy its failure within 30 days after the {{oslaprov|Non-Defaulting Party}} serves notice requiring it to remedy such failure on it. <br> | :{{oslaprov|12(I)}} '''Other breach of Agreement''': the {{oslaprov|Lender}} or the {{oslaprov|Borrower}} fails to perform any other obligations under this Agreement and does not remedy its failure within 30 days after the {{oslaprov|Non-Defaulting Party}} serves notice requiring it to remedy such failure on it. <br> | ||
Each Party must notify the other if it suffers an {{oslaprov|Event of Default}}. <br> | Each Party must notify the other if it suffers an {{oslaprov|Event of Default}}. <br> |
Latest revision as of 17:54, 7 January 2022
12. Events of Default
The following events occurring to a Party (Defaulting Party) will be Events of Default under Clause 8 upon the other Party (Non-Defaulting Party) serving written notice on it:
- 12(A) Failure to pay: It fails to pay Cash Collateral or deliver Collateral or Equivalent Collateral when due;
- 12(B) Failure to provide Collateral: It breaches its obligations under Clause 6;
- 12(C) Failure to manufacture Income: As Borrower it breaches Clause 4(B)(i), (ii) or (iii);
- 12(D) Bankruptcy: It suffers an Act of Insolvency (provided that where the Act of Insolvency is the presentation of a winding-up petition or appointment of a liquidator, written notice from the Non-Defaulting Party is not required);
- 12(E) Breach of representations and warranties: the representations or warranties of either Party are materially false when made or repeated, ;
- 12(F) Repudiation: admits to the other that it is cannot or will not perform any of its obligations under the Agreement;
- 12(G) Regulatory default: It is declared in default by the appropriate authority under the Rules or is suspended or expelled from any securities exchange or other self-regulatory organisation, or is suspended from securities dealing by any government agency;
- 12(H) Seizure of assets: its own asset those it holds for investors held are ordered to be transferred to a trustee by a regulatory authority under securities regulation legislation, or
- 12(I) Other breach of Agreement: the Lender or the Borrower fails to perform any other obligations under this Agreement and does not remedy its failure within 30 days after the Non-Defaulting Party serves notice requiring it to remedy such failure on it.
Each Party must notify the other if it suffers an Event of Default.