Template:GMSLA 2010 9.3: Difference between revisions
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{{gmslaprov|9.3}} '''{{gmslaprov|Failure by either Party to deliver}}''' | {{gmslaprov|9.3}} '''{{gmslaprov|Failure by either Party to deliver}}''': Where a {{gmslaprov|Party}} (the '''{{gmslaprov|Transferor}}''') fails to deliver {{gmslaprov|Equivalent}} {{gmslaprov|Securities}} or {{gmslaprov|Equivalent}} {{gmslaprov|Collateral}} by the time required under this Agreement or within such other period as may be agreed between the {{gmslaprov|Transferor}} and the other {{gmslaprov|Party}} (the '''{{gmslaprov|Transferee}}''') and the {{gmslaprov|Transferee}}: <br> | ||
Where a {{gmslaprov|Party}} (the '''{{gmslaprov|Transferor}}''') fails to deliver {{gmslaprov|Equivalent}} {{gmslaprov|Securities}} or {{gmslaprov|Equivalent}} {{gmslaprov|Collateral}} by the time required under this Agreement or within such other period as may be agreed between the {{gmslaprov|Transferor}} and the other {{gmslaprov|Party}} (the '''{{gmslaprov|Transferee}}''') and the {{gmslaprov|Transferee}}: <br> | |||
:(a) incurs interest, overdraft or similar costs and expenses; or <br> | :(a) incurs interest, overdraft or similar costs and expenses; or <br> | ||
:(b) incurs costs and expenses as a direct result of a {{gmslaprov|Buy in}} exercised against it by a third party, <br> | :(b) incurs costs and expenses as a direct result of a {{gmslaprov|Buy in}} exercised against it by a third party, <br> | ||
then the {{gmslaprov|Transferor}} agrees to pay within one {{gmslaprov|Business Day}} of a demand from the {{gmslaprov|Transferee}} and hold harmless the {{gmslaprov|Transferee}} with respect to all reasonable costs and expenses listed in sub paragraphs (a) and (b) above properly incurred which arise directly from such failure other than (i) such costs and expenses which arise from the negligence or wilful default of the {{gmslaprov|Transferee}} and (ii) any indirect or consequential losses. <br> | then the {{gmslaprov|Transferor}} agrees to pay within one {{gmslaprov|Business Day}} of a demand from the {{gmslaprov|Transferee}} and hold harmless the {{gmslaprov|Transferee}} with respect to all reasonable costs and expenses listed in sub paragraphs (a) and (b) above properly incurred which arise directly from such failure other than (i) such costs and expenses which arise from the negligence or wilful default of the {{gmslaprov|Transferee}} and (ii) any indirect or consequential losses. <br> | ||
Latest revision as of 15:14, 7 July 2020
9.3 Failure by either Party to deliver: Where a Party (the Transferor) fails to deliver Equivalent Securities or Equivalent Collateral by the time required under this Agreement or within such other period as may be agreed between the Transferor and the other Party (the Transferee) and the Transferee:
- (a) incurs interest, overdraft or similar costs and expenses; or
- (b) incurs costs and expenses as a direct result of a Buy in exercised against it by a third party,
then the Transferor agrees to pay within one Business Day of a demand from the Transferee and hold harmless the Transferee with respect to all reasonable costs and expenses listed in sub paragraphs (a) and (b) above properly incurred which arise directly from such failure other than (i) such costs and expenses which arise from the negligence or wilful default of the Transferee and (ii) any indirect or consequential losses.