Template:Nutshell EUA Annex (d)(i)

(d)(i) Physical Settlement
(d)(i)(1) Settlement

(A) Allowance Forward Transactions:

on the Payment Date, Buyer must pay Seller Allowance Purchase Price x Number of Allowances

on the Delivery Date Seller must deliver to Buyer Allowances to be Delivered.

(B) Allowance Option Transaction: for each Exercise Date:

on the Payment Date Receiving Party must pay Allowance Strike Price x Allowances to be Delivered

on the Delivery Date Delivering Party must deliver Allowances to be Delivered.

(d)(i)(2) Delivery

(A) Delivering Party will deliver Allowances under a Transaction by transferring them from its Holding Account in accordance with the Scheme into the Receiving Party’s Specified Holding Account.

(B) If Delivering Party has specified a Specified Holding Account for the Transaction, its obligation is limited to delivering from that Specified Holding Account to the Receiving Party’s Specified Holding Account.

(C) A Receiving Party with multiple Specified Holding Accounts will specified them in order of preference. Delivering Party must try to deliver to the first one, unless a Settlement Disruption Event or a Suspension Event affects that Specified Holding Account, in which case it must try the next one, and so on.

(D) Allowances transferred after 4:00 p.m., Central European Time, on a Delivery Business Day or on a non-Delivery Business Day, will be deemed delivered at 10:00 a.m. CET on the next Delivery Business Day. Allowances transferred before 10:00 a.m. CET, on a Delivery Business Day, will be deemed to have been delivered at 10:00 a.m., CET, on that day.

(d)(i)(3) Netting
If on any date parties would otherwise be due to deliver fungible Allowances to each other (and between the same pair of Holding Accounts) under separate Transactions then, on such date, parties’ respective delivery obligations will be automatically satisfied and discharged replaced by an obligation upon the party having the larger deliverable obligation to deliver the excess of its delivery obligation over the other party’s delivery obligation.
(d)(i)(4) Settlement Disruption Event

(A) Notification: Either party may notify the other party in writing of a Settlement Disruption Event and the impacted Transactions. If it is the affected party, it must also give details of the Settlement Disruption Event and a non-binding estimate of the extent and likely duration of the disruption on its obligations.

(B) Effect: Upon a Settlement Disruption Event both parties’ obligations will be suspended, subject to Continuing Settlement Disruption Event below, until the Settlement Disruption Event no longer prevents settlement. During the Settlement Disruption Event, the affected party must use all reasonable endeavours to settle.

(C) Delayed Performance: Subject to Continuing Settlement Disruption Event below, once the Settlement Disruption Event no longer prevents settlement, both parties must, promptly and within two Delivery Business Days, resume their obligations under the Transactions.

(D) Continuing Settlement Disruption Event: Where a Settlement Disruption Event continues:

(I) for 9 Delivery Business Days after the originally scheduled Delivery Date; or, if shorter:

(II) until a Reconciliation Deadline falling on or after the original Delivery Date; or, if shorter:

(III) until the day 3 Delivery Business Days before the End of Phase Reconciliation Deadline falling on or after the original Delivery Date:

then at that time there will be an Illegality where the affected Transaction is the sole Affected Transaction, both parties are Affected Parties, there is no Waiting Period and, if an Early Termination Date results, when determining the Early Termination Amount the suspended obligations will resume on the Early Termination Date, if “Payment on Termination for Settlement Disruption” applies, and if it does not the parties will have no further obligations after the Settlement Disruption Event other than for Unpaid Amounts and provided that (other than in respect of already-delivered Allowances)

(i) Delivering Party must promptly refund any amount Receiving Party it was paid under a Allowance Forward Transaction or Call; and

(ii) Receiving Party must promptly refund any amount Delivering Party it was paid under a Put

together with interest from the payment date until the termination date of the Transaction at the overnight deposit rate for the relevant currency.

(d)(i)(5) Suspension Event

(A) Notification: A party impacted by a Suspension Event must notify the other party in writing as soon as reasonably practicable. It must also give what details of the Suspension Event it has and a non-binding estimate of the extent and expected duration of its resultant inability to perform.

(B) Effect: Upon a Suspension Event both parties’ obligations will be suspended, subject to Continuing Suspension Event below, until the Suspension Event no longer prevents settlement. During the Suspension Event, the affected party must try reasonably to overcome it.

(C) Delayed Performance: Subject to Continuing Suspension Event below, once the Suspension Event ceases, both parties must promptly resume their obligations under the Transactions by the earlier of: (i) ten Delivery Business Days after the Suspension Event lifts; and (ii) 3 Delivery Business Days before the End of Phase Reconciliation Deadline (the “Delayed Delivery Date”). If Delivering Party has successfully delivered the Allowances to be Delivered by the Delayed Delivery Date, Receiving Party must pay Delivering Party, on the Delayed Payment Date:

(I) Allowance Forward Transactions: (Allowance Purchase Price x Number of Allowances delivered by the Delayed Delivery Date) + Cost of Carry Amount;

(II) Allowance Option Transactions: (Allowance Strike Price x Number of Allowances delivered by the Delayed Delivery Date) + Cost of Carry Amount.

(D) Continuing Suspension Event: Where a Suspension Event continues on the Long-Stop Date, then there will be an Illegality where the Transaction is the sole Affected Transaction, both parties are Affected Parties,no Waiting Period will apply and the Long-Stop Date will be the Early Termination Date. When determining the Early Termination Amount, if “Payment on Termination for Suspension” applies, the suspended obligations will resume on the Early Termination Date, and if it does not, the parties will have no further obligations after the Suspension Event (other than for any Unpaid Amounts); provided that:

(i) Delivering Party must promptly refund any amount Receiving Party paid it under any Allowance Forward Transaction or Call; and

(ii) Receiving Party must promptly refund any amount Delivering Party paid it under a Put

that was not paid for delivered Allowances, together with interest from the payment date until the Transaction termination date at the relevant overnight deposit rate.