From The Jolly Contrarian
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In a Nutshell™ Section 9(a):
9(a) Default Interest. Except where there is a Dispute:
- (i) if a Transferee fails to make any transfer when due, any Return Amount or income Distribution it must pay interest at the Default Rate on the Value as of the Valuation Date, of the items not transferred, from (and including) the due date for transfer to (but excluding) their actual date of transfer, compounding daily.
- (ii) if an Interest Payer (VM) fails to make, when due, any transfer of an Interest Payment (VM), it must pay the Interest Payee (VM) interest at the Default Rate (and for such purposes, if the Default Rate is less than zero, it will be deemed to be zero) multiplied by that Interest Payment (VM), from the due date for payment to (but excluding) their actual date of payment, compounding daily.
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2016 VM CSA full text of Section 9(a):
9(a) Default Interest. Other than in the case of an amount which is the subject of a dispute under Paragraph 4, if a Transferee fails to make, when due, any transfer of Equivalent Credit Support (VM) or Equivalent Distributions, it will be obliged to pay the Transferor (to the extent permitted under applicable law) an amount equal to interest at the Default Rate multiplied by the Value on the relevant Valuation Date of the items of property that were required to be transferred, from (and including) the date that the Equivalent Credit Support (VM) or Equivalent Distributions were required to be transferred to (but excluding) the date of transfer of the Equivalent Credit Support (VM) or Equivalent Distributions. This interest will be calculated on the basis of daily compounding and the actual number of days elapsed. Other than in the case of an amount which is the subject of a dispute under Paragraph 4, if an Interest Payer (VM) fails to make, when due, any transfer of an Interest Payment (VM), it will be obliged to pay the Interest Payee (VM) (to the extent permitted under applicable law) an amount equal to interest at the Default Rate (and for such purposes, if the Default Rate is less than zero, it will be deemed to be zero) multiplied by that Interest Payment (VM), from (and including) the date that Interest Payment (VM) was required to be transferred to (but excluding) the date of transfer of that Interest Payment (VM). This interest will be calculated on the basis of daily compounding and the actual number of days elapsed.
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Related Agreements
Click here for the text of Section 9(a) in the 1995 English Law CSA
Click here for the text of Section 9(a) in the 2016 English Law VM CSA
Click [[{{{3}}} - NY VM CSA Provision|here]] for the text of the equivalent, Section [[{{{3}}} - NY VM CSA Provision|{{{3}}}]] in the 2016 NY Law VM CSA
Comparisons
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