Template:ISDA Master Agreement 1992 Unpaid Amounts: Difference between revisions

“'''{{isdaprov|Unpaid Amounts}}'''” owing to any party means, with respect to an {{isdaprov|Early Termination Date}}, the aggregate of  

:(a) in respect of all {{isdaprov|Terminated Transactions}}, the amounts that became payable (or that would have become payable but for Section {{isdaprov|2(a)(iii)}}) to such party under Section 2(a)(i) on or prior to such {{isdaprov|Early Termination Date}} and which remain unpaid as at such {{isdaprov|Early Termination Date}} and <br>

:(b) in respect of each {{isdaprov|Terminated Transaction}}, for each obligation under Section {{isdaprov|2(a)(i)}} which was (or would have been but for Section {{isdaprov|2(a)(iii)}}) required to be settled by delivery to such party on or prior to such {{isdaprov|Early Termination Date}} and which has not been so settled as at such {{isdaprov|Early Termination Date}}, an amount equal to the fair market value of that which was (or would have been) required to be delivered as of the originally scheduled date for delivery,<br>

in each case together with (to the extent permitted under applicable law) interest, in the currency of such amounts, from (and including) the date such amounts or obligations were or would have been required to have been paid or performed to (but excluding) such {{isdaprov|Early Termination Date}}, at the {{isdaprov|Applicable Rate}}. Such amounts of [[interest]] will be calculated on the basis of daily compounding and the actual number of days elapsed. The fair market value of any obligation referred to in clause (b) above shall be reasonably determined by the party obliged to make the determination under Section {{isdaprov|6(e)}} or, if each party is so obliged, it shall be the average of the {{isdaprov|Termination Currency Equivalent}}s of the [[fair market value]]s reasonably determined by both parties. <br>