Events of Default - NY VM CSA Provision

Revision as of 22:16, 21 January 2020 by Amwelladmin (talk | contribs)
2016 NY VM CSA Anatomy™


In a Nutshell Section 7:

Paragraph 7 Events of Default
Under Section 5(a)(iii)(1), it will be an Event of Default for a party if:

7(i) Fails to Transfer Collateral: it (or its Custodian (VM)) fails to Transfer any Eligible Collateral (VM), Posted Collateral (VM) or the Interest Payment (VM) when due and that failure continues for two Local Business Days after it receives notice of that failure;
7(ii) Impermissible dealing: it continuously fails to comply with any restriction in this Annex on its rights to rehypothecate or take title to Posted Collateral under Paragraph 6(c) for five Local Business Days after it receives notice of that failure; or
7(iii) Other breach of Annex: it continuously breaches any other obligation under this Annex for 30 days after it receives notice of its breach.

view template

2016 NY VM CSA full text of Section 7:

Paragraph 7 Events of Default
For purposes of Section 5(a)(iii)(1) of this Agreement, an Event of Default will exist with respect to a party if:

7(i) that party fails (or fails to cause its Custodian (VM)) to make, when due, any Transfer of Eligible Collateral (VM), Posted Collateral (VM) or the Interest Payment (VM), as applicable, required to be made by it and that failure continues for two Local Business Days after notice of that failure is given to that party;
7(ii) that party fails to comply with any restriction or prohibition specified in this Annex with respect to any of the rights specified in Paragraph 6(c) and that failure continues for five Local Business Days after notice of that failure is given to that party; or
7(iii) that party fails to comply with or perform any agreement or obligation other than those specified in Paragraphs 7(i) and 7(ii) and that failure continues for 30 days after notice of that failure is given to that party.

view template

Related Agreements
Click here for the text of Section 7 in the 1994 New York law CSA
Click here for the text of Section 6 in the 1995 English Law CSA
Click here for the text of Section 6 in the 2016 English Law VM CSA
Comparisons
Template:2nycsadiff 7
2016 VM CSA and 2016 NY Law VM CSA: click for comparison
1995 CSA and 2016 VM CSA: click for comparison


Comments? Questions? Suggestions? Requests? Insults? We’d love to 📧 hear from you.
Sign up for our newsletter.


Differences between CSA versions

Template:Nycsa capsule 7