Template:EUA Annex Receiving Party’s Replacement Cost: Difference between revisions

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(Created page with "'''{{euaprov|Receiving Party’s Replacement Cost}}''' means: :(1) if “{{euaprov|Excess Emissions Penalty}}” is specified not to be applicable in the Annex to this Part...")
 
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:::::(c) onterest at the Default Rate for the period from (and including) the {{euaprov|Delivery Date}} to (but excluding) the date {{euaprov|Receiving Party}} is or would be able to purchase Allowances in accordance with paragraph (II)(Y)(a)(1) above on an amount equal to the product of the number of {{euaprov|Undelivered Allowances}} and an amount equal to the excess, if any, of the price determined pursuant to paragraph (II)(Y)(a)(1) above over the {{euaprov|Allowance Purchase Price}} or the {{euaprov|Allowance Strike Price}}, as applicable; and
:::::(c) onterest at the Default Rate for the period from (and including) the {{euaprov|Delivery Date}} to (but excluding) the date {{euaprov|Receiving Party}} is or would be able to purchase Allowances in accordance with paragraph (II)(Y)(a)(1) above on an amount equal to the product of the number of {{euaprov|Undelivered Allowances}} and an amount equal to the excess, if any, of the price determined pursuant to paragraph (II)(Y)(a)(1) above over the {{euaprov|Allowance Purchase Price}} or the {{euaprov|Allowance Strike Price}}, as applicable; and
::(B) such reasonable costs and expenses which {{euaprov|Receiving Party}} incurs as a direct result of Delivering Party’s failure to deliver the {{euaprov|Shortfall}} to the extent that those costs and expenses are not reflected in paragraphs (A)(I) or (A)(II) above; or
::(B) such reasonable costs and expenses which {{euaprov|Receiving Party}} incurs as a direct result of Delivering Party’s failure to deliver the {{euaprov|Shortfall}} to the extent that those costs and expenses are not reflected in paragraphs (A)(I) or (A)(II) above; or
:(3) if “Failure to Deliver (Alternative Method)” is specified to be applicable in the Annex to this Part [7] or the Confirmation for an {{euaprov|EU Emissions Allowance Transaction}}, then, in respect of a failure to deliver a number of Allowances (the number of Allowances not so delivered being the “{{euaprov|RPRC Shortfall}}”), an amount equal to:
:(3) if “{{euaprov|Failure to Deliver (Alternative Method)}}” is specified to be applicable in the Annex to this Part [7] or the Confirmation for an {{euaprov|EU Emissions Allowance Transaction}}, then, in respect of a failure to deliver a number of Allowances (the number of Allowances not so delivered being the “{{euaprov|RPRC Shortfall}}”), an amount equal to:
::(A)
::(A)
:::(I) the price (per Allowance) {{euaprov|Receiving Party}}, acting in a commercially reasonable manner, does or would, in the determination of the Calculation Agent, pay in an arm’s length transaction concluded in accordance with prevailing market practice on the {{euaprov|Final Delivery Date}} to purchase a number of Allowances equivalent to the {{euaprov|RPRC Shortfall}} for delivery on the first {{euaprov|Delivery Business Day}} on which transactions concluded on the {{euaprov|Delivery Date}} would be settled in accordance with prevailing market practice; less
:::(I) the price (per Allowance) {{euaprov|Receiving Party}}, acting in a commercially reasonable manner, does or would, in the determination of the Calculation Agent, pay in an arm’s length transaction concluded in accordance with prevailing market practice on the {{euaprov|Final Delivery Date}} to purchase a number of Allowances equivalent to the {{euaprov|RPRC Shortfall}} for delivery on the first {{euaprov|Delivery Business Day}} on which transactions concluded on the {{euaprov|Delivery Date}} would be settled in accordance with prevailing market practice; less

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