Template:ISDA Master Agreement 2002 Unpaid Amounts: Difference between revisions
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“{{isdaprov|Unpaid Amounts}}” owing to any party means, with respect to an {{isdaprov|Early Termination Date}}, the aggregate of (a) in respect <br>of all {{isdaprov|Terminated Transactions}}, the amounts that became payable (or that would have become payable but for Section <br>{{isdaprov|2(a)(iii)}} or due but for Section {{isdaprov|5(d)}}) to such party under Section {{isdaprov|2(a)(i)}} or {{isdaprov|2(d)(i)}}(4) on or prior to such {{isdaprov|Early Termination Date}} <br>and which remain unpaid as at such {{isdaprov|Early Termination Date}}, (b) in respect of each {{isdaprov|Terminated Transaction}}, for each <br>obligation under Section {{isdaprov|2(a)(i)}} which was (or would have been but for Section {{isdaprov|2(a)(iii)}} or {{isdaprov|5(d)}}) required to be settled by <br>delivery to such party on or prior to such {{isdaprov|Early Termination Date}} and which has not been so settled as at such <br>{{isdaprov|Early Termination Date}}, an amount equal to the fair market value of that which was (or would have been) required to be <br>delivered and (c) if the {{isdaprov|Early Termination Date}} results from an {{isdaprov|Event of Default}}, a {{isdaprov|Credit Event Upon Merger}} or an <br>{{isdaprov|Additional Termination Event}} in respect of which all outstanding {{isdaprov|Transactions}} are {{isdaprov|Affected Transactions}}, any <br>{{isdaprov|Early Termination Amount}} due prior to such {{isdaprov|Early Termination Date}} and which remains unpaid as of such {{isdaprov|Early Termination Date}}, <br>in each case together with any amount of interest accrued or other<br> | “'''{{isdaprov|Unpaid Amounts}}'''” owing to any party means, with respect to an {{isdaprov|Early Termination Date}}, the aggregate of (a) in respect <br>of all {{isdaprov|Terminated Transactions}}, the amounts that became payable (or that would have become payable but for Section <br>{{isdaprov|2(a)(iii)}} or due but for Section {{isdaprov|5(d)}}) to such party under Section {{isdaprov|2(a)(i)}} or {{isdaprov|2(d)(i)}}(4) on or prior to such {{isdaprov|Early Termination Date}} <br>and which remain unpaid as at such {{isdaprov|Early Termination Date}}, (b) in respect of each {{isdaprov|Terminated Transaction}}, for each <br>obligation under Section {{isdaprov|2(a)(i)}} which was (or would have been but for Section {{isdaprov|2(a)(iii)}} or {{isdaprov|5(d)}}) required to be settled by <br>delivery to such party on or prior to such {{isdaprov|Early Termination Date}} and which has not been so settled as at such <br>{{isdaprov|Early Termination Date}}, an amount equal to the fair market value of that which was (or would have been) required to be <br>delivered and (c) if the {{isdaprov|Early Termination Date}} results from an {{isdaprov|Event of Default}}, a {{isdaprov|Credit Event Upon Merger}} or an <br>{{isdaprov|Additional Termination Event}} in respect of which all outstanding {{isdaprov|Transactions}} are {{isdaprov|Affected Transactions}}, any <br>{{isdaprov|Early Termination Amount}} due prior to such {{isdaprov|Early Termination Date}} and which remains unpaid as of such {{isdaprov|Early Termination Date}}, <br>in each case together with any amount of interest accrued or other<br> | ||
compensation in respect of that obligation or deferred obligation, as the case may be, pursuant to Section {{isdaprov|9(h)}}(ii)(l) or (2), <br>as appropriate. The fair market value of any obligation referred to in clause (b) above will be determined as of the <br>originally scheduled date for delivery, in good faith and using commercially reasonable procedures, by the party obliged <br>to make the determination under Section {{isdaprov|6(e)}} or, if each party is so obliged, it will be the average of the <br>{{isdaprov|Termination Currency Equivalents}} of the fair market values so determined by both parties.<br> | compensation in respect of that obligation or deferred obligation, as the case may be, pursuant to Section {{isdaprov|9(h)}}(ii)(l) or (2), <br>as appropriate. The fair market value of any obligation referred to in clause (b) above will be determined as of the <br>originally scheduled date for delivery, in good faith and using commercially reasonable procedures, by the party obliged <br>to make the determination under Section {{isdaprov|6(e)}} or, if each party is so obliged, it will be the average of the <br>{{isdaprov|Termination Currency Equivalents}} of the fair market values so determined by both parties.<br> |
Revision as of 15:07, 19 September 2014
“Unpaid Amounts” owing to any party means, with respect to an Early Termination Date, the aggregate of (a) in respect
of all Terminated Transactions, the amounts that became payable (or that would have become payable but for Section
2(a)(iii) or due but for Section 5(d)) to such party under Section 2(a)(i) or 2(d)(i)(4) on or prior to such Early Termination Date
and which remain unpaid as at such Early Termination Date, (b) in respect of each Terminated Transaction, for each
obligation under Section 2(a)(i) which was (or would have been but for Section 2(a)(iii) or 5(d)) required to be settled by
delivery to such party on or prior to such Early Termination Date and which has not been so settled as at such
Early Termination Date, an amount equal to the fair market value of that which was (or would have been) required to be
delivered and (c) if the Early Termination Date results from an Event of Default, a Credit Event Upon Merger or an
Additional Termination Event in respect of which all outstanding Transactions are Affected Transactions, any
Early Termination Amount due prior to such Early Termination Date and which remains unpaid as of such Early Termination Date,
in each case together with any amount of interest accrued or other
compensation in respect of that obligation or deferred obligation, as the case may be, pursuant to Section 9(h)(ii)(l) or (2),
as appropriate. The fair market value of any obligation referred to in clause (b) above will be determined as of the
originally scheduled date for delivery, in good faith and using commercially reasonable procedures, by the party obliged
to make the determination under Section 6(e) or, if each party is so obliged, it will be the average of the
Termination Currency Equivalents of the fair market values so determined by both parties.