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- 11.4 Transactions and quotes: If, between the Termination Date and the Default Valuation Time:
- (a) Actual sale or purchase: the Non-Defaulting Party (NDP) has bought or sold securities equivalent to those it owes or is owed by the Defaulting Party it may treat the Default Market Value as the net sale proceeds or aggregate purchase cost of the relevant securities. Were the securities sold or purchased are not in identical in amount to the Equivalent Securities, Non-Defaulting Party may in good faith pro rate those values to determine the necessary Default Market Value.
- (b) Market quotes: the NDP has received:
- offer quotations for Securities/Collateral equivalent to those it is owed by the Defaulting Party; or
- bid quotations for Securities/Collateral equivalent to those it owes the Defaulting Party;
- from two or more market makers in a commercially reasonable size (as determined by the NDP) it may elect to treat as the Default Market Value the arithmetic mean of those prices quoted adjusted in a commercially reasonable manner by the NDP to reflect accrued but unpaid coupons plus or minus transaction costs.