Search results

One of those long, windy and tiresome strings of words one confects to replace a conjunction. *“[[But]]” becomes, “[[notwithstanding anything to the contrary in the foregoing]]”.

:{{eqderivprov|8.6(a)}} if the {{eqderivprov|Type of Return}} specified in the related {{eqderivprov|Confirmation}} is “'''{{eqderivprov|Price Retur ...to any other amounts payable by that {{eqderivprov|Equity Amount Payer}}) to the {{eqderivprov|Equity Amount Receiver}} the {{eqderivprov|Equity Amount}

...with its terminating, liquidating or re-establishing any [[hedge]] related to such {{eqderivprov|Transaction}} (or any gain resulting from any of them).

...taprov|4.3}} (''{{efetaprov|Physical Settlement Netting}}''); and (iv) the addition of a new § {{efetaprov|4.4}} (''{{efetaprov|Payment for Allowances}}'') as

:(i) the addition of the following words to § {{efetprov|11.2}} (''{{efetprov|Settlement Amount}}'') at the end of the ...nt that an {{efetaprov|EEP}} or {{efetaprov|EEP Equivalent}} is applicable to an {{efetaprov|Allowance Transaction}}, any {{efetaprov|EEP}} or {{efetapro

...whereas an {{csaprov|Independent Amount}} is an ''addition'' to the [[mark-to-market]] exposure under a {{isdaprov|Transaction}}.

:(1) In respect of {{euaprov|Receiving Party}}: ...nts under the Scheme}}'') above are specified in the Annex to this Part or in the relevant {{isdaprov|Confirmation}}; and

...e slight addition, the definition of wilful misconduct given by Johnson J. in {{casenote|Graham|Belfast and Northern Counties Ry. Co}}, where he says: ...thing, and yet intentionally does, or fails or omits to do it, or persists in the act, failure, or omission regardless of consequences.”}}

...tion to any right of set off, combination of accounts, lien or other right to which any Party is at any time otherwise entitled (whether by operation of

...}, [[if any]], [[Unless otherwise specified in|unless otherwise provided]] in the related {{eqderivprov|Confirmation}}.<br>

...e regulatory technical standards that set out in a lot more detail who has to post what, how and when. There is an early [https://www.eba.europa.eu/regul ...ng Article {{emirprov|11}} of {{tag|EMIR}}, which introduces a requirement to exchange a margin on non-centrally cleared OTC derivatives.

...r, where possible, [[conjunctival phrase]]s that, unless you are practised in the turgid literature of business dialect, you won’t. ===Converting conjunctions to [[conjunctival phrase]]s===

...t of {{tag|set off}}, [[combination of accounts]], [[lien]] or other right to which any {{gmslaprov|Party}} is at any time otherwise entitled (whether by

...elevant {{ietaprov|Period Traded Allowance}}s are {{ietaprov|Transfer}}red to the relevant {{ietaprov|Receiving Party’s Holding Account}} by the releva ...refrain from doing such things as impedes or would reasonably be expected to impede such Transfer).<br>

..., the {{gtmaprov|Non-Defaulting Party}} may reasonably estimate the amount to be set off. The {{gtmaprov|Parties}} shall make any adjustment payment req

...prov|Member State}}s and, with certain modifications, between participants in {{efetaprov|Member State}}s and {{efetaprov|Non-Member State}}s.

...other punters like to call the [[haircut]], and even through it is phrased in a similar way as an "extra", you should differentiate it from an {{csaprov ...itial margin is a function of the transaction exposure, and is an addition to the liability that the party is collateralizing.

...cept as otherwise agreed, if the paying {{gmslaprov|Party}} is so required to deduct or withhold, then that {{gmslaprov|Party}} ('''{{gmslaprov|Payer}}'' ...otherwise account for the full amount required to be deducted or withheld to the relevant authority; <br>

{{cobsprov|11.6.3}} {{cobsprov|Use of dealing commission to purchase goods or services}} ...obsprov|investment manager}} must not accept goods or services in addition to the execution of its customer orders if it: <br>

.... The security constituted by this {{imcsdprov|Deed}} shall be in addition to, and shall not be affected by, any other security now or subsequently held

...} between the {{gtmaprov|Parties}} by giving not more than 20 days' notice to the {{gtmaprov|Defaulting Party}}. This notice shall specify the relevant {{gtmaprov|12.3.2}} The right under clause {{gtmaprov|12.3.1}} is in addition to any other remedies available under this {{gtmaprov|Agreement}} or at law.<b

::(a) the client has given [[express prior consent]] to their use ''on specified terms''; and ...such an account for its own or any one else’s account unless, in addition to (1):

with respect to a {{gtmaprov|Party}}, the other Party (the “{{gtmaprov|Suspending Party}} ...} to cease complying with clause {{gtmaprov|5}} by giving a written notice to the {{gtmaprov|ECV Notification Agent}}, <br>

...eed to provide for what is in essence an evolving common law remedy, then, to the extent your draw that remedy ''inside'' the cope of the common law reme

...ange between 1995 and 2016 is the addition of Paragraph {{vmcsaprov|1(b)}} in the {{vmcsa}}, rabbiting on about {{vmcsaprov|Other CSA}}s, {{vmcsaprov|Cov ...what the reference to “Secured Parties” is all about. This is not germane to the title transfer-style English law versions of the Annex.

{{gmsla2000prov|9.3}} '''{{gmsla2000prov|Failure by either Party to redeliver}}''' <br> ...f the {{gmsla2000prov|Transferor}} to fulfil its redelivery obligations is to be treated as a direct cost or expense for the purposes of this paragraph.

...okerage agreement}} which gives a {{fcaprov|prime brokerage firm}} a right to use {{fcaprov|safe custody assets}} for its own account [[and]] which compr and which, in addition, may comprise consolidated reporting and other operational support.}}

...ining between them to be partially or fully performed by: (i) the addition in the second line of § {{efetprov|10.3(a)}} (''{{efetprov|Termination for Ma § {{efetaprov|10.5}} '''{{efetaprov|Definition of Material Reason}}'''. The addition at the end of the second line of § 10.5 after the words “(each a

...rivprov|Dividend Payment Date}}, the relevant Equity Amount Payer will pay to the {{eqderivprov|Equity Amount Receiver}} the relevant {{eqderivprov|Divid

...Contrarian]] is a fan of inventing foreign aphorisms, but he isn’t skilled in them.

...02ma}}’s inclusion of [[e-mail]] as a means of communication ''in addition to'' the {{1992ma}}’s [[electronic messaging system]]. Also, [[fax]] and [[e

...irm must not enter into arrangements for securities financing transactions in respect of safe custody assets held by it on behalf of a client or otherwis (a) the client has given express prior consent to the use of the safe custody assets on specified terms; and

{{aifmdprov|DR91(3)}}. The items referred to in point (a) of paragraph {{aifmdprov|DR91(1)}} shall include: <br> ...tag|prime broker}} for the AIF, where safe-keeping functions are delegated in accordance with Article {{aifmdprov|21(11)}} of Directive {{eudirective|201

...t]]” and, as long as ''[[Greenclose]]'' remains the unchallenged last word in British jurisprudence, it excludes any other means of delivering a notice. ...Greenclose]]''’s rather quaint apprehensions about how {{isdama}}s operate in practice.

...rov|11(g)(ii)}} and on any {{isdaprov|Early Termination Date}} referred to in Paragraph 6 as follows: ...addition of an amount of cash in the {{vmcsaprov|Base Currency}} comprised in the {{vmcsaprov|Credit Support Balance (VM)}}; and

...is no Section {{isda92prov|6(f)}} of the {{1992ma}}, but folks used to put in a provision into the schedule which goes something like this:'' ...Nothing in this {{isda92prov|Agreement}} [[shall]] create or be [[deem]]ed to create any [[charge]] under English law.”

{{aifmdprov|DR91(3)}}. The items referred to in point (a) of paragraph {{aifmdprov|DR91(1)}} shall include: <br> ...tag|prime broker}} for the AIF, where safe-keeping functions are delegated in accordance with Article {{aifmdprov|21(11)}} of Directive {{eudirective|201

...ukaprov|VAT}} shall be payable in addition to any such other consideration in accordance with the provisions set out below. ...is required to self-assess and account for any {{ukaprov|VAT}} chargeable in respect of such supply under the reverse charge mechanism, account for such

...9 for breach of trademark. Anglo Dutch was awarded €594,696 for goods sold to Fearns which he didn't pay for. ...currencies; one in the heroic currency of the {{tag|United Kingdom}}, one in that ghastly monopoly money of those [[European Union|garlic-munching conti

...governmental revenue authority, then in effect. If a party is so required to deduct or withhold, then that party (“X”) will:― ...t required to be deducted or withheld from any additional amount paid by X to Y under this Section {{isdaprov|2(d)}}) promptly upon the earlier of determ

...ts, powers and discretions set out below in this sub-paragraph in addition to those conferred on it by any law. This includes all the rights, powers and ...ers conferred on a {{imcsdprov|Receiver}} under this Deed individually and to the exclusion of any other {{imcsdprov|Receiver}}.

...ered to the other at any time: the combination of the {{csaprov|Exposure}} to that party and the net {{csaprov|Independent Amounts}} it must post, minus ====No equivalent in the {{2016csa}}====

...e strong verb “equals” to the weak verb "is" and the noun “an amount equal to”.</ref>, but this will not stop [[Mediocre lawyer|assiduous attorneys]] ...s the case may be]], shall calculate or determine, [[as the case may be]], to be the Floating Rate Payer’s unadjusted cost of funding.” ''

...governmental revenue authority, then in effect. If a party is so required to deduct or withhold, then that party (“'''X'''”) will:— ...t required to be deducted or withheld from any additional amount paid by X to Y under this Section {{isda92prov|2(d)}}) promptly upon the earlier of dete

...ation of Liability}}'') of the {{efetprov|General Agreement}} with respect to {{efetaprov|Allowance Transaction}}s. <br>

{{euaprov|(d)(xi)}} '''{{euaprov|Failure to Deliver (Alternative Method) - EEP Applicable}}'''<br> ..., the {{euaprov|Indemnifiable EEP}} (the “'''{{euaprov|EEP Payment}}'''”), to a maximum of the product of the relevant {{euaprov|RPRC Shortfall}} and the

...t}} occurs in relation to either Party then paragraphs {{pgmslaprov|11.2}} to {{pgmslaprov|11.8}} below shall apply. <br> {{pgmslaprov|11.5}} If, acting in [[good faith]], either

...euaprov|VAT}} shall be payable in addition to any such other consideration in accordance with the provisions set out below. ...is required to self-assess and account for any {{euaprov|VAT}} chargeable in respect of such supply, account for such {{euaprov|VAT}}.

...unts}} will be discharged promptly and in all respects. X will give notice to the other party of any set-off effected under this Section {{isdaprov|6(f)} ...n good faith and using {{eqderivprov|commercially reasonable procedures}}, to purchase the relevant amount of such currency. <br><br>

5(c)(ii) Interest Payment (VM). Unless otherwise specified in Paragraph 11(g)(iv): ...M), provided that if “Interest Payment Netting” is specified as applicable in Paragraph 11(g)(ii):

...governmental revenue authority, then in effect. If a party is so required to deduct or withhold, then that party (“X”) will:— ...t required to be deducted or withheld from any additional amount paid by X to Y under this Section 2(d)) promptly upon the earlier of determining that su

The introduction to the Equity Derivatives definitions says: ...Definitions also allow the application of relevant consequence provisions in the event of a {{eqderivprov|Tender Offer}} (defined as an offer for more t

...tion and amount as the relevant Distributions (“Equivalent Distributions”) to the extent that a Delivery Amount (VM) would not be created or increased by 5(c)(ii) Interest Payment (VM). Unless otherwise specified in Paragraph 11(g)(iv):

{{euaprov|(d)(xi)}} '''{{euaprov|Failure to Deliver (Alternative Method) - EEP Applicable}}'''<br> ...e {{euaprov|Receiving Party’s Replacement Cost}} (if any), an amount equal to the amount of the {{euaprov|Indemnifiable EEP}} paid by {{euaprov|Receivin

{{ukaprov|(d)(xi)}} '''{{ukaprov|Failure to Deliver (Alternative Method) - EEP Applicable}}'''<br> ...e {{ukaprov|Receiving Party’s Replacement Cost}} (if any), an amount equal to the amount of the {{ukaprov|Indemnifiable EEP}} paid by {{ukaprov|Receivin

...e Secured Property for the Series, subject always to the Security, and not to any other assets of the Issuer. If, after ...or liability shall be extinguished and no debt shall be owed by the Issuer in respect thereof.

12.2 Except as otherwise agreed, if the paying Party is so required to deduct or withhold, then that Party (Payer) shall: ...otherwise account for the full amount required to be deducted or withheld to the relevant authority;

...prov|12.2}} Except as otherwise agreed, if the paying Party is so required to deduct or withhold, then that Party ({{pgmslaprov|Payer}}) shall: ...otherwise account for the full amount required to be deducted or withheld to the relevant authority;

...tion and amount as the relevant Distributions (“Equivalent Distributions”) to the extent that a Delivery Amount (VM) would not be created or increased by 5(c)(ii) Interest Payment (VM). Unless otherwise specified in Paragraph 11(g)(iv):

...being a charge, unless supported by a fiduciary obligation of the grantee to exercise it for the creditor’s benefit.'' — Briggs J <br> ...express terms, but relationship between LBIE and its affiliates be obliged to as between LBIE and its affiliates”</ref> the issue is this:

...n Section {{isdaprov|2(a)(iii)}}) and (b) the option rights of the parties in respect of that {{isdaprov|Terminated Transaction}} or group of {{isdaprov| ...ov|Terminated Transactions}} or any individual Terminated Transaction but, in the aggregate, for not less than all {{isdaprov|Terminated Transactions}}.

...of any third person (other than a lien routinely imposed on all securities in a relevant clearance system). ...r security interest in any cash or other property transferred by one party to the other party under the terms of this Annex.

...g” party’s tax position, meaning that non-performance is punishment enough in itself (and does not affect the “non-defaulting” party) — that is, th ...h of other grace periods in the agreement (notably for a {{{{{1}}}|Failure to Pay or Deliver}}, and for discharging a {{{{{1}}}|Bankruptcy}} petition) it

{{a|euregulation|}}A part of [[EMIR]] relating to — [[portfolio recognition]] and [[dispute resolution]]. ({{Eureg|648|2012 As per the recital to those delegated regulations:

...actual proposition which ought to be put in service more often than it is, in defence of simple language and resistance of [[flannel]]. In other words, ''[[good luck in court with that one]]''.

...e its account by giving notice to the other party at least five days prior to the due date for payment for which such change applies.<br> :{{isda87prov|2(c)(i)}} in the same currency; and<br>

...{{imcsdprov|Secured Party}} or (4) as to the application of any money paid to the {{imcsdprov|Secured Party}}. <br> ...propriety or irregularity whatever in the exercise of such powers shall be in [[damages]] only. <br>

...yment or delivery specified in each Confirmation to be made by it, subject to the other provisions of this Agreement. ...ation unless otherwise specified in the relevant Confirmation or elsewhere in this Agreement.

...ny time day or night. Every so often the [[JC]] even finds himself getting in an argument with ''himself''. This is one such occasion. ...ot have been in vain. This is [[Private Eagle]]’s last, mud-stained letter to his sweetheart back home, saying “don’t worry, my love: everything will

...yment or delivery specified in each Confirmation to be made by it, subject to the other provisions of this Agreement. ...ation unless otherwise specified in the relevant Confirmation or elsewhere in this Agreement.

...[[broker-dealer]] registration for [[foreign broker-dealer]]s that engage in certain specified activities with [[U.S. investor]]s including: ...reports to major U.S. institutional investors, and effecting transactions in the subject securities with or for those investors;

...ferent financial product types and industry standard [[master agreement]]s to reduce financial system risk. ...ondon Investment Banking Association ({{tag|LIBA}}) (collectively referred to as the “Publishing Associations")

...le operation arranged by OceanGate Expeditions, Ltd., a company registered in The Bahamas. I have been informed about the nature of the operation and t ...ry body and may be constructed of materials that have not been widely used in human occupied submersibles.

In which the {{isdama}} deals with the pointless topic of [[counterparts]], an ...assioned essay about the idiocy of [[counterparts]] clauses elsewhere.<ref>In the [[counterparts]] article, as a matter of fact.</ref> For now, just know

...which concermed our old friends [[Lehman]] horcrux and the {{1992ma}} and, in particular, its {{isda92prov|Loss}} method of determining an {{isda92prov|E ...is no {{isda92prov|Loss}} concept in the {{2002ma}} this case is relevant in that a 2002-style “{{isdaprov|Close-out Amount}}” is ''broadly'' the sa

...’t or won’t. Rather similar — ''very'' similar — ''strikingly similar'' — to a [[surety]]. There’s a saying in legal circles: [[anus matronae parvae malas leges faciunt]]: ''little old l

...the purposes of all powers implied by statute, the Obligations are deemed to have become due and payable on the date of this Deed. ...ion 93 (restricting the right of consolidation) of the Act shall not apply to this Deed.

...cts, except for foreign jurisdiction specific products that are not traded in the US). ...|ISDA}}s must include certain representations in the {{tag|ISDA}} Schedule to ensure that the {{isdama}} and the underlying Transactions fall into a safe

...ng by the “Chief Twit” today, the JC thought he would take the opportunity to have a look at the [https://help.twitter.com/en/rules-and-policies/twitter- As terms of service go, in all honesty, they’re really ''not bad''.

This Annex applies to {{isdaprov|Transaction}}s that specify the {{euaprov|Fourth Compliance Peri ...be Delivered}} and {{euaprov|Buyer}} must accept the {{euaprov|Allowances to be Delivered}}.

...n Clause {{ietaprov|14.2(d)(iv)}} (Insolvency) or, to the extent analogous to it, (viii).<br> ...aprov|Event of Default}}'''” means the occurrence at any time with respect to a Party or, if applicable, any {{ietaprov|Credit Support Provider}} of that

===That release in full=== ...le operation arranged by OceanGate Expeditions, Ltd., a company registered in The Bahamas. I have been informed about the nature of the operation and t

...l for vetting before release of their latest album. This is what came back in the mail, with a note of costs. === Stairway to Heaven ===

...ISDA {{novprov|Novation}} Definitions, including the provisions set forth in the {{novprov|Novation Agreement}}. <br> ...on Transaction}}. A form of {{novprov|Novation Confirmation}} is set forth in Exhibit C. <br>